Posted on January 30, 2021 in Divorce

Child support is an important source of financial assistance for a single parent. If you are an unmarried or divorced parent, you may have questions and concerns about getting your child support. You may wonder if your child’s other parent is still required to pay support even if he or she is unemployed. The answer to this question depends on the reason for the unemployment and other factors.

Is the Unemployment Voluntary or Involuntary?

Millions of parents have lost their jobs or had to find lower-paying work due to COVID-19 shutdowns. They may be doing everything they can to afford their child support obligation but end up falling short of the expected amount. On the other hand, some parents attempt to evade child support responsibilities by claiming that they cannot find adequate employment. The first question that must be answered regarding child support obligations for unemployed or underemployed parents is whether unemployment or underemployment is voluntary. Has the parent quit his or her job or been laid off? Has the parent made genuine efforts to gain suitable employment? If the parent’s unemployment is voluntary, is this unemployment in the child’s best interests?

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 Posted on January 26, 2021 in Divorce

When a child is being raised by a single parent, grandparents often play an important role in the child’s life by assisting with child care and financial support, and simply by being a loving and positive presence. Usually, even when grandparents are heavily involved, the parents still maintain parental rights and the authority to initiate legal proceedings regarding the child. However, there are some cases in which Illinois grandparents may seek legal rights regarding their grandchildren.

Can Grandparents Petition for Child Custody in Illinois?

Illinois now refers to child custody matters using the term “allocation of parental responsibilities,” and in most cases, a child’s parents are the ones with the authority to petition for legal action in this area, whether they are doing so as part of the divorce process or they have never been married. However, a grandparent may be able to do so if the child is not in the physical custody of either parent, or if the parent who is related to the grandparent is deceased, and one of the following is true of the other parent:

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 Posted on January 19, 2021 in Divorce

As part of the transition from being married to being single that occurs in a divorce, Illinois couples are required to equitably divide all marital assets and debts. This is an issue that can lead to much conflict, and the outcome can have serious financial implications for both spouses. As such, it is important to be prepared by understanding the assets you will be expected to divide and how you can do so in a way that protects your interests.

Examples of Marital Assets

Illinois law defines marital assets as any properties that are acquired by either spouse during the marriage and before any judgment of legal separation, with a few exceptions including assets acquired by one partner through a gift or inheritance, and assets that are designated as non-marital in a prenuptial or postnuptial agreement. Some examples of marital property may be obvious, but others you may not expect. Marital assets can include all of the following:

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 Posted on January 11, 2021 in Divorce

In most cases in which a child’s parents get a divorce, and in many cases in which the parents have never been married, an Illinois court will attempt to reach a resolution in which both parents have substantial parenting time and a role in parental decision-making responsibilities. However, the child’s best interests are the most important consideration, and in cases in which a parent’s behavior could put the child at risk, the court may order a restriction of parental responsibilities. One such example is when a parent has problems with drug addiction or substance abuse.

Parental Responsibility Restrictions Due to Substance Abuse

The habitual abuse of alcohol, illegal drugs, and other controlled substances can not only impair a parent’s ability to perform parental responsibilities, but can also directly harm their child. Under Illinois law, parenting time and decision-making responsibilities can both be restricted if there is sufficient evidence that a parent has put the child’s physical, mental, or moral health, or emotional development at risk.

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 Posted on December 28, 2020 in Divorce

For those going through a divorce, the financial demands that come along with the legal process can make things challenging, especially for lower-earning or stay-at-home spouses. Rarely do spouses make the same amount of money, which can sometimes lead to issues throughout the marriage, divorce, and months following the split. In order to make up for this financial discrepancy, Illinois law requires divorcing couples to discuss spousal maintenance, also known as spousal support, and divorcing parents to create an agreement regarding child support obligations. Those in a cooperative divorce can typically create these legal designations with the help of their attorneys, while those battling it out in a courtroom will have these decisions made for them by a judge. Your divorce agreement is meant to last the tests of time, but what about when circumstances change? Many divorcees will seek out new romantic relationships as time passes, and in some cases, these new partners can impact the details of your divorce agreement.

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 Posted on December 17, 2020 in Divorce

The holiday season will look a bit different for everyone this year. With COVID-19 impacting Americans’ ability to host typical holiday gatherings and businesses being limited to help reduce the spread of the virus, the upcoming winter holidays will be different from previous years. For those recently divorced, the pandemic as well as recent life changes can make the holiday season feel especially heavy. 

If you are about to enter your first holiday season single, keep the following tips in mind:

1. Accept that things are difficult: It is not uncommon for recently divorced individuals to try and ignore their feelings and treat the holiday festivities as they normally would. Going into the holidays with these expectations can leave you feeling disappointed when you do not find yourself in the same spirits that you are typically in during the holidays. As the season begins, recognize that this year is unprecedented in a number of ways and that you may not be in the same cheerful mindset as you have been in the past.

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 Posted on December 10, 2020 in Child Custody

The stigmatization behind the term “mental illness” has been greatly reduced over the past few decades. Unlike in the past, being diagnosed with a mental illness is fairly common, and contrary to popular belief, the diagnosis does not necessarily impact your ability to perform everyday activities or hold responsibility. In the U.S. alone, nearly one in five adults live with a mental illness. 

If you are a parent whose former spouse or co-parent has a mental illness, you may be concerned about their ability to be there for your child. While having a mental illness is not enough to be considered incapable of parenting, if you have seen your co-parent’s mental health get in the way of their parenting capabilities, you may be wondering how to address this in court and have these concerns reflected in your parenting plan. With the help of a reputable attorney, you can have your concerns heard by the court and keep your child in safe hands. 

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 Posted on December 03, 2020 in Divorce

Divorce can impact everyone in its own way. For some, they may feel an immediate sense of loss for their partner, even if they know they are better without each other. For others, they may feel instant gratification and freedom, only to be hit by negative emotions months later. Divorce is never a one-size-fits all emotional experience, which can make it difficult to know how to cope with your feelings. This is especially true for parents as their focus is divided between comforting their children and themselves. In many cases, parents can make their own emotional healing take a backseat and leave themselves struggling with these emotions for months or even years.

Protect Yourself and Your Children

There is no surefire way to make your divorce easier, but there are some things you can do to help yourself cope. By doing so, you can also put yourself in a better position to help your children.

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 Posted on November 25, 2020 in Divorce

The legal process of divorce can sometimes make you feel like you are drowning in paperwork. Decisions need to be made regarding spousal maintenance, the division of marital assets, parenting plans, and more, and along with these decisions comes a significant amount of legal paperwork and signing on the dotted line. But, what about when your divorce is finalized—what else needs to be done? Unfortunately, the life updates do not stop when your divorce is all said and done, and the following will need to be adjusted to reflect your new future as a single adult.

Emergency Contacts

Whether it is your kids’ contact information at school or your own personal emergency medical contact, it is important to update this information to be relevant to your current life rather than your old one. Emergency contacts can often get overlooked until an actual emergency is happening, in which case it may be too late to provide the new information.

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 Posted on November 20, 2020 in Divorce

Divorce is an emotionally-challenging life experience that, unfortunately, many couples go through. Regardless of the number of years that you have been married, recognizing that the promise of “till death do us part” has been broken can be devastating. This is especially true for those who share children together. Divorce does not just affect the married couple’s relationship, but also each parent’s relationship with their children. This decision does not need to have a damaging impact on your relationship as a parent, however, and the way that you choose to discuss this decision with your kids can be a key factor in the ramifications of your divorce.

Breaching the Topic

When you and your spouse have made the definitive decision to move forward with your divorce, it is important to be upfront with your children from the start. If they find out about your divorce through the grapevine before you have had the chance to talk to them, this can be damaging to your relationship and their trust in you. If you and your spouse are filing for divorce, it is highly unlikely that your child has not sensed your distance or tension in the past. They may even suspect that divorce is on the horizon. 

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