Posted on December 16, 2022 in Family Law

Paternity or parentage is the legal relationship of a father to his child. Establishing paternity is important because it establishes the rights and duties of both the mother and father to their child. Fathers cannot petition the court for parenting time or parental responsibilities until paternity is established. Similarly, mothers cannot ask the court for a child support order until paternity is established.

In Illinois, there are several ways that paternity can be established, including a voluntary acknowledgment of paternity, court order, or administrative order. In some cases, DNA testing is needed to confirm paternity.

Genetic Paternity Testing

DNA testing is often used when parties cannot agree on the identity of the child's father or when the father has denied paternity. In Illinois, a court action can be filed to establish paternity, and DNA testing is one way that a judge may require to determine parentage. A sample of the alleged father's DNA is collected as well as a sample from the child.

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 Posted on December 08, 2022 in Divorce

For many couples, dividing assets during divorce is the most complicated and conflict-filled aspect of the divorce process.  This is especially true in Illinois, where the division of assets is governed by a mix of common law and statutory rules. If you are planning to divorce, you may have questions like, "Who keeps the house?" or "What happens to our bank accounts?" You may also have questions about complex assets like investments and retirement accounts or liabilities like student loan debt and credit card debt. This blog will cover some of the fundamental aspects of property division in Illinois divorce cases and what you can do if you need help classifying and dividing property during your divorce.

What is Mine and What is Ours?

Under Illinois law, almost all of the assets purchased or otherwise acquired by either spouse during the marriage are considered marital assets. Marital assets include any income earned by either spouse during the marriage as well as any assets that were acquired with that income. Examples of marital assets include houses, cars, furniture, cash, jewelry, collectibles, cryptocurrency, and anything else acquired during the marriage.

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 Posted on November 29, 2022 in Child Support

Massive layoffs at companies like Twitter and Meta have been making headlines across the country recently. Being laid off from your job can cause a lot of stress and uncertainty, especially if you have children. Simultaneously, in what has been called "The Great Resignation," people are leaving jobs at an unusually high rate. If you or your child's other parent is unemployed, you may wonder how this will influence your child support order. The answer to this question depends on several different factors.

Child Support Calculations in Illinois

In Illinois, child support payments are determined through a calculation process called the Income Shares method. The two parents' net incomes are added together and then this combined income is used to determine the total amount of financial support the child or children will require. This support obligation is divided between the parents based on their percentage of the combined income. For example, a parent whose income accounts for 30 percent of the combined income would be responsible for paying for 30 percent of the support obligation. The parent with the majority of the parenting time provides his or her share of support by providing for the child's needs. The other parent, the "obligor," provides his or her share through child support payments.

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 Posted on November 18, 2022 in Divorce

Getting divorced can represent a major financial burden. In some cases, spousal support, also known as alimony or spousal maintenance, can help provide some much-needed financial relief during the transition period after a divorce. In Illinois, courts will determine whether either party is eligible to receive spousal support based on several factors such as the length of the marriage and each spouse’s financial resources. The spouses may also be able to negotiate an agreement about the amount of support a spouse receives. 

Who Can Get Alimony in Illinois? 

Alimony, which is called spousal maintenance in Illinois law, can be a great source of financial support and peace of mind when a couple separates. It can also be a substantial expense for the spouse paying maintenance. 

Some divorcing couples agree on the amount of support the lesser-earning spouse receives. For example, a couple may agree that the higher-earning spouse pays the lower-earning spouse  $1,000 a month for the first 12 months after the divorce. If the spouses cannot reach an agreement, it is up to the court to decide whether maintenance will be awarded. 

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 Posted on November 11, 2022 in Child Custody

The two main components of child custody in Illinois are "parental responsibilities" and "parenting time." Parental responsibilities involve the big decisions in a child's life, such as education, religion, and medical care. Parenting time is simply the time each parent spends with the child. Parents can either share these responsibilities and parenting time, or one parent can have sole responsibility for the child. If parents cannot agree on parental responsibilities and parenting time, the court will make a judgment based on what is in the child's best interests.

Factors Considered by Illinois Courts in Determining Child Custody

The Illinois Marriage and Dissolution of Marriage Act lists several factors that courts must consider when making a child custody determination. These include:

• The desires of the child's parents regarding custody and parenting time

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 Posted on November 04, 2022 in Divorce

Marriage is about much more than money. However, when a marriage ends, financial matters are often a chief concern. If you are getting divorced, you may have questions and concerns about how marital property, such as bank accounts, real estate, and household items will be divided between you and your spouse. The situation becomes even more complicated if you or your spouse own complex assets like investments, retirement accounts, royalties, deferred compensation, businesses, or professional practices.

Divorcing spouses are expected to freely provide financial documents and truthfully disclose their income, assets, and debts. Unfortunately, some spouses lie about financial matters in the hopes of securing a better divorce settlement. If you suspect that your spouse is hiding assets, underreporting income, or lying about financial issues, it is important to act quickly. Your divorce settlement should be predicated on the truth, not your spouse’s version of the truth.  

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 Posted on October 28, 2022 in Child Custody

While same-sex marriage has been recognized in Illinois for some time now, parentage issues for same-sex spouses are an evolving area of law. Illinois is among the first states to offer same-sex spouses the same presumption of parentage that opposite-sex spouses have long enjoyed. In opposite-sex marriage, a child born to the wife is palso presumed to be the husband's child. This presumption exists even if the spouses used a sperm donor or there is another reason to believe that the husband is not biologically the father. In Illinois, the presumption that a child born into a marriage is a child of both spouses has been extended to cover spouses who are of the same sex. 

Having both spouses identified as legal parents to the child protects both spouses in the event of a divorce and also protects the child. If you have concerns regarding the legal parentage of a child, our attorneys can help. 

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 Posted on October 26, 2022 in Domestic Violence

The period during which a victim of domestic violence attempts to escape the relationship, often by way of a divorce, can be a dangerous period. Many abusers react strongly to the prospect of losing a person they intend to retain complete control over. There may be an elevated risk of further violence, harassment, or intimidation during the time in which you are making a plan to exit. Seeking an Illinois Order of Protection may be one way to mitigate these risks. Orders of Protection can forbid the abuser from engaging in certain forms of conduct that may have a frightening or harmful effect on you. Your children may also be eligible to receive protection using one of these orders. 

Before you file for a protection order, it is best to speak with an attorney. While many do seek these orders unrepresented, it is important to know that if the abuser will not consent to the order, you may be required to attend a formal hearing where the party you are seeking an order of protection against or their attorney may have the opportunity to question you and vice-versa. These hearings are best handled by a qualified lawyer. 

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 Posted on October 18, 2022 in Family Law

Depending on the circumstances and timing of a child’s birth, some Illinois parents will need to take additional steps to ensure that they are their child’s legal parent. Other individuals are presumed to be a parent based on a legal relationship with the child's mother. If you are a presumed parent, then you will generally not need to take additional steps to designate yourself as a legal parent to the child. In Illinois, biological parentage is not required to sustain a presumption of legal parentage. For example, if a woman is married to another woman who gives birth, both women will be presumed legal parents of the child. The law surrounding parentage is not nearly as simple as it was throughout most of history. 

Everything from new technological developments in reproduction to the long-belated acceptance of same-sex parents has had a noticeable impact on Illinois’ parentage laws. There is a reason that Illinois now uses the gender-neutral term “parentage” rather than the old term, “paternity.” An attorney can help you ensure that you are the legal parent to your child. 

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 Posted on October 12, 2022 in Divorce

Alternative dispute resolution methods are often seen as being primarily for spouses who are amicable, or at least on civil terms. It is true that it can be helpful to the process if the divorcing spouses are still on good terms. Spouses who remain friendly can generally have rational, productive discussions about the issues in their divorce case. However, alternative divorce resolution techniques may still be possible for spouses experiencing a high level of conflict. If you and your spouse have reached a point where you cannot stand to be in the same room, much less collaborate and compromise with each other in a productive fashion, your attorney may suggest attorney-facilitated negotiation or a type of mediation that does not bring the spouses together. Using these strategies, it may be possible to settle the divorce without litigation. An attorney can assess your situation and offer you advice on resolving your divorce with the lowest possible amount of stress and conflict. 

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