Tag Archives: Hinsdale family lawyer

IL divorce lawyerWhen going through a divorce that involves children, you will have to create a parenting plan with your spouse that outlines important details of child custody arrangements. Parenting plans are legally binding and each parent must abide by the terms outlined within them. However, it is well understood that the only constant in life is change and changes in your life circumstances can affect your parenting plan. Below are five common situations that could result in changes to your plan.

Changes in Employment

When you first create your parenting plan, you will likely customize it to work around you and your work schedule. If you change jobs or get promoted and it changes the hours you spend at work, it will likely impact your parenting plan and you may need to make adjustments to it.

Changes in Personal Relationships

After a divorce, you are still entitled to a social life, even when you are a parent at the same time. You have a right to go out with your friends, and the right to enter into a new relationship. While these are exciting things, they may also impact your parenting plan. This is particularly true when you begin a new romantic relationship, as your former spouse may argue that they do not want your children to spend time with your new partner. There may be no basis for this and you can fight those arguments as well, but a new relationship may impact your parenting plan.

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IL DIVORCE LAWYERDivorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.

How Long is the Separation Period in Illinois?

Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.

Can We Settle the Divorce Out of Court?

Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.

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IL divorce lawyerAfter a couple with children gets a divorce, one parent is often ordered to pay the other child support. Typically, a child support order remains in effect until the child is no longer considered a minor, but when a child attends college or university, that could change. Paying college expenses differs slightly from standard child support, and it is important that all parents understand what child support may entail if their child pursues post-secondary education.

Contributions to College Expenses for a Child

In 2016, the Illinois legislature passed a law that gave the courts the authority to order the parents of a child to pay for a child’s education expenses until the child turns 25 years old. Most orders of this type will expire when the child turns 23 years old, but parents have the right to request payments for an additional two years.

 While Illinois courts use a specific formula to determine the amount of child support a parent must pay prior to the child’s 18th birthday, the same is not true of support paid to contribute to college expenses. When determining the amount of support a parent must pay for post-secondary education, the court will consider the financial resources each of the parents will have in the future and use that to determine how much each parent will be required to pay.

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IL divorce lawyerChild support is often awarded in divorce cases and typically, payments are made by the non-custodial parent to the parent that won custody. Falling into arrears on a child support order means you have not paid the appropriate amount of support, and it is a very serious matter. Child support orders are court orders and as such, they are legally binding. If you have been ordered to pay child support, it is essential that you do your best to make payments on time so you can avoid the consequences that come with falling into arrears.

Interest on Child Support Arrears

Child support arrears are calculated by subtracting the amount of money you have paid by the total amount of support you were supposed to pay. If you fall into arrears or do not pay the proper amount of support, you still owe the money. However, the total amount of arrears also collects interest at a rate of nine percent, which is more than the vast majority of types of investments.

A parent that is owed child support payments may not take action right away, allowing that interest to continue to build. Once they do take legal action, the interest owed alone can be so great that any payments you are able to make only cover the interest. That essentially means that you do not make any progress in paying the amount originally owed.

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IL divorce lawyerThe holiday season is upon us and, while it is going to be slightly different for many this year, there are some things that will not change for parents of divorce. The COVID-19 pandemic has not affected court-ordered child custody and visitation time. Even though dropping a child off at someone else’s house does come with unique concerns during this time, the fact is that child custody orders are legally binding, and parents must continue to comply with them.

The holidays can present even more unique challenges, particularly if the parents do not have a visitation schedule in place. If you have gotten a divorce, or are getting a divorce and do not know how to divide this time, below are some common options.

Alternating the Holidays

One of the most common ways to handle child custody during the holidays is to alternate them. So, if the mother has the children over Thanksgiving, the father will have them over Christmas. The following year, those holidays will rotate with the mother having the children for Christmas, and the father spending Thanksgiving with the kids.

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