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If you have children or a spouse that wants you to leave your family home before your divorce is over, think twice before you do it.
For many reasons you may wish to remain in the home until the divorce is completed. Particularly with children, the number of days that you spend with your kids may well factor into the amount of child support you pay (or receive) under the new Child Support Laws in Illinois. In addition, the time that you are spending with your children may well determine the parenting schedule of the time you will be granted with your children AFTER the divorce.
Pay attention to a soon to be ex-spouse who is trying to limit your parenting time or squeeze you out of the children's lives. This is not done necessarily to be mean but in order to get a greater percentage of your income. Not only do the kids suffer from the loss of you as a parent, but you wind up paying your ex-spouse, who has concocted this game, a greater percentage of your income and perhaps assets.
Before leaving the marital residence know your rights. Since leaving the marital residence may have consequences far and beyond what you are presently considering. We at Martoccio & Martoccio of have counseled thousands of couples about the need to stay in the marital home during the divorce or sometimes the need to vacate it and establish a second residence. These are complex questions particularly in Hinsdale, Illinois where the stakes are higher.
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