Chicago Illinois Family Law Blog
What Factors Are Considered in an Illinois Child Allocation Case?
Child custody discussions often turn into child custody battles. When negotiations between parents fall apart, it’s up to the courts to step in and make decisions. It is common for disputed issues regarding joint custody, sole custody, and visitation rights to be decided in Illinois courts.
The Value of Spousal Support after a Separation
In Illinois, spousal support is known as “spousal maintenance.” It is the financial assistance that one spouse provides the other after a divorce. Depending on the financial situation of each spouse and the length of the separation process, maintenance may even begin during the divorce. How long it continues after the divorce and how much one spouse will have to pay the other depends on a number of factors.
Spouses are typically allowed to negotiate the value of spousal support. However, a judge will step in and make decisions for the spouses if the issue becomes contentious. Before January of 2015, judges in Illinois had room for a lot of discretion when determining how much support should be given, but that has changed.
State Tells Parents who are Behind on Child Support to Pay Up
When a parent falls behind on child support payments, the government has ways to help the custodial parent to get that money. For example, if someone is overdue on child support and then wins a significant amount of money at a local casino, the authorities can step in and collect those winnings. According to a news report in The Chicago Sun Times, The Child Support Intercept program collected over $120,000 in gambling winnings from delinquent parents since it began in the fall of 2014.
The Child Support Intercept program is a coordinated joint effort between the Illinois Gaming Board and the Illinois Department of Healthcare and Family Services. They have the authority to intercept winnings once they become aware that someone who owes money on child support has earned enough to fill out a W2G tax form. A specified maximum is withheld after taxes and that amount can be sent to the family.
What Matters Most in an Illinois Child Custody Case?
Going through a divorce is a highly emotional life event, especially when children are involved. Unfortunately, when both parents cannot reach an agreement regarding child custody, then litigation is often the only way to go. In Illinois, it’s important to remember that the courts will consider what is in the best interest of the child. The court will hear both sides of the custody case and evaluate the following factors:
What to Expect at Your Divorce Mediation
A divorce can be a traumatic, mournful time in one’s life, and at Nottage and Ward, LLP we understand the complex challenges that come with the territory. You may think that expensive litigation is your only option for a divorce, but an alternative method is to hire a divorce mediator. Unlike an attorney, a mediator acts as a neutral third party to help you and your soon-to-be-ex-spouse resolve your legal issues.
A mediator will meet with you and your spouse individually and together in order to discuss and resolve the issues of your divorce. Mediation is confidential, with no public record, and allows you to work toward a solution that you and your ex agree is fair for the situation.
Grandparents and Visitation – Rights or Privileges?
This is a frequent question that many families bring to our attention when going through, or shortly after, a divorce. What rights do grandparents have in regards to visitation? Are parents under any obligation to schedule out time for either set of grandparents to see their grandchildren? Unfortunately, the short answer is no – but there are plenty of caveats, with Illinois state code taking much into consideration. In the end, it comes down to the various ways in which the situation is being handled by the parent, as well as the mitigating and aggravating factors involved.
Annulment vs. Divorce – What Is The Difference?
While the two words are often used interchangeably, divorce and annulments are two radically different actions that take place in family law. The confusion stems from improper usage in the media, to religious entities using the phrasing in a completely different context. In Illinois, what is commonly referred to as annulment is legally referred to as an action for Declaration of Invalidity of Marriage. In both instances, the end result is a complete separation in the eyes of the court. But annulment takes the idea a step further, declaring that the marriage was never valid to begin with – thus nullifying its existence from the very start. In the state of Illinois a successful annulment is actually known as a “judgment of invalidity.”
Same-Sex Marriage & Prenuptial Agreements: Items of Note
Following a Supreme Court ‘punt’ earlier in the month, a ban on same-sex marriage has been struck down in six additional lower courts – bringing the total number of states to ratify the action to 32. The federal government now recognizes unions between same-sex couples in Colorado, Indiana, Nevada, Oklahoma, Utah, Virginia and Wisconsin; as a result, federal and state benefits will finally be extended to couples living in those states.
Which raises the question that so many couples consider prior to entering into a union – how will my benefits and overall financial stability be impacted if we divorce? Now that same-sex marriages are finally on equal footing as their heterosexual counterparts in the State of Illinois, are there any particular economic considerations that should be documented in a prenuptial?
Prenuptials Signed Under Duress or Coercion
When it comes to highlighting the need for a focused, well-executed and thoroughly acknowledged prenuptial agreement, you need only look to the current high-profile proceedings between Citadel CEO, Ken Griffin and his wife Anne Dias-Griffin.
Beginning in July of this year, Mr. Griffin filed to dissolve his 11-year marriage in Illinois state court, citing irreconcilable differences between the two. Mr. Griffin also asserted the couple’s prenuptial agreement outlined the final terms of the divorce and, in fact, it has been actively utilized since the start of their marriage.
Is It Okay For Me To Date During my Divorce Proceedings?
When it comes to dating while going through divorce proceedings, the divorce attorneys at Nottage and Ward, LLP in Chicago urge our clients to exercise caution and discretion. While it likely will make no difference from a legal standpoint whether or not you are dating during your divorce proceeding, you may want to take into account the practical problems this may be bring to the table during your case.
Going through a divorce can be one of the most stressful and emotional times of your life. Now, let’s consider how it looks to your spouse if you are openly dating before the proceedings are finalized.
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