Author Archives: John Martoccio

Illinois divorce lawyerA prenuptial agreement is a legal contract made by a couple before they get married that outlines how assets will be split in the event that their marriage ends, Often times, couples are hesitant to get a prenuptial agreement because of the negative connotations attached to it. They believe that if they get a prenuptial agreement, they are expecting their marriage to fail.

However, this is far from the truth as the purpose of a prenuptial agreement is to provide spouses with a financial safety net if their marriage does not work out. Although a prenuptial agreement may never be used, it’s a smart decision for couples to get one prior to getting married. Here are five reasons you should get a prenuptial agreement with your soon-to-be husband or wife:

1. You Are Wealthier Than Your Spouse

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Illinois family law attorneyHow Many Children in the United States are Born to Unmarried Parents?

At the present time, more than one-third of the children born in the United States are born out of wedlock each year, three out of four if the parents are teenagers. That number is increasing each year.

My Boyfriend Is on My Child’s Birth Certificate as the Father, Is He Then Legally the Father of My Child in Illinois?

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Illinois divorce lawyerIn many divorce cases, an ex-spouse is required to pay child support. If your ex-spouse owes you child support and you have remarried, you may be wondering whether your child support payments will change. The answer is that your remarriage may have an effect on the amount and duration of child support you will receive.

Child Support Calculations in Illinois

The Illinois Marriage and Dissolution of Marriage Act dictates how child support works in the state. It uses the net income of the non-custodial or parent who does not have legal custody of the child and the number of children they are responsible for to determine how much the non-custodial parent must pay in child support.

In addition, the court considers other factors such as the financial resources of the child, their education needs, the child’s standard of living before the divorce, and the needs of the custodial and non-custodial parents. Although both parents may agree on a certain amount for child support payments, their agreement must meet minimum requirements and be approved by the court.

A New Spouse’s Income and Its Affect on Child Support

In the past, a new spouse’s income did not play a role in changing child support payments because child support was viewed as the financial obligation of both parents and based on a child’s best interests. That being said, new spouses or step parents were not legally obligated to support their stepchild.

However, in more recent years, Illinois Appellate Court has ruled that a court may consider the income of a parent’s new spouse in determining a child support amount.

The case placed emphasis on both parents’ financial obligations to assist their child with college-related expenses. It brought light to the fact that all financial resources available to parents should be considered when calculating child support payments.

Today, the income of a new spouse can serve as a valid reason to alter an existing child support agreement. This is especially true if the new spouse’s income is exceptionally high because their additional income allows the parent to meet their needs and as a result have more money available to pay child support.

Contact Our DuPage County Child Support Lawyers

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b2ap3_thumbnail_family-home.jpgIllinois divorce lawyerSelling your home while going through a divorce is stressful and emotional. However, there are certain ways to ease your stress during this process and ensure that your house sells so that you can move on to your next home. Below are some useful tips on how to sell your home when going through a divorce.

Find a Real Estate Agent Who Is Neutral

Rather than using the real estate agent who sold you and your partner your first home, find one that has no emotional attachment to you or your partner and has some divorce knowledge. A neutral real estate agent with divorce knowledge will provide you with helpful advice on how to price your home, when to list it, and how to market it so that stress can be alleviated during the selling process.

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Illinois divorce attorneyElectronic devices are a major part of our modern lives, and we leave a trail of information in nearly everything we do, whether we are browsing the internet and sending email from our computers, communicating with others on Facebook using a tablet, or making calls and sending text messages from our smartphones. When we do so, we expect a reasonable amount of privacy, and the law provides us with protections that will ensure that private conversations and communications remain private.

During divorce, it can be tempting for one spouse to try to breach this privacy, especially if they believe the other spouse is at fault for the failure of the marriage. One spouse may attempt to log into the other’s email account, install monitoring software on their computer, or gain access to the text messages on their cell phone, all in hopes of uncovering information that may give them an advantage during divorce proceedings. However, spouses should be aware of how the law addresses these acts.

Divorce and the Illinois Eavesdropping Act

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phone (630) 920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

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