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Showing posts from June, 2020

Before You File for Divorce in Illinois Consider This…

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Before you file for divorce there are a number of considerations to keep in mind. Once you file for divorce in Illinois, there are many changes that occur once parties. It can be difficult to determine whether or not you want to file when you want to file, and how it will impact you and your family. This article is designed to give you an idea of what to expect, and things to consider when determining whether or not to file for divorce in Illinois. What to Expect When You File For Divorce 1. You will spend time away from your children, including during the holidays. This is a tough one. A lot of people will “hold off” on divorcing until their children are grown and out of the house because the thought of not spending time with their children every day and every holiday is unfathomable to them. However, it is important to consider whether or not you are setting a healthy example for them of what a healthy relationship looks like. They know if you are happy or unhappy and t...

Are Divorced Parents Required to Pay for College in Illinois?

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As Chicago divorce lawyers clients with children often if divorced parents are required to pay for  college . The general simplified answer is “yes”. The law in Illinois is that if the parents of a college-age child are unmarried (either divorced or never married to each other) the Court can require each parent to contribute to the cost of a college education. How Much Will a Parent Have to Pay? This is not child support and there is no direct formula for calculating each parents’ contribution but the law in Illinois request that the amount a parent can be ordered to contribute cannot exceed the amount that it would cost to attend the University of Illinois at Urbana Champaign. The amount to attend the University of Illinois is published information that can be used as a baseline maximum amount when your child is going to attend a private,  expensive and/or out of state school with premium-priced tuition, room and board. This keeps the cost somewhat in check under a rea...

Is It Too Soon to Call a Chicago Divorce Lawyer?

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Nobody wants to think that their marriage is headed toward divorce.  When there are problems in the marriage, people rarely call a Chicago divorce lawyer .  People seem to think that the act of calling a divorce attorney means you are committed to a divorce, when really what a person needs is some trusted legal advice.  Every marriage has to weather differences, and the key to knowing when to call an attorney is knowing which of the differences is minor, and which are substantial. 7 Signs It's Time to Call a Chicago Divorce Lawyer 1 - Large Sums of Money Are Being Moved From Your Account When the differences arising are substantial, typically there is a lot of money at stake. When your spouse is giving away large sums of money or property, and you are not comfortable with that, then it is not a petty difference.  You need legal counsel.  What you choose to do after getting advice from a divorce attorney is up to you.  Under the law, everyone is ...

When is the Time for Termination of Spousal Maintenance?

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When it comes to termination of spousal maintenance or spousal support (previously known as alimony), things can get tricky. To save yourself the headache that often comes with early termination of spousal maintenance, be sure to set up clear "terminating events" in the spousal maintenance provisions of your marital settlement agreement. An example of a terminating event would be the death or passing of either the payee or the payor of the spousal support or spousal maintenance.  Another termination event could be cohabitation. Set a clear terminating date, as well. The clearer you are in your marital settlement agreement, the fewer issues you will encounter post-divorce.  In this blog, we explore some of the different circumstances that you could leverage to terminate spousal maintenance.  Here is a video guide to help you navigate an early termination of spousal maintenance.  Early Termination of Spousal Support for Cohabitation The biggest, most common re...

Can You Move With Your Child?

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In the state of Illinois, making a move with your child used to be pretty straight forward.  You only needed the other parent’s consent or court approval if you were leaving the state of Illinois, or doing a removal out-of-state.  However, if you were not moving out of state, you had it in your power to move wherever you desired.  The laws have changed since then to say that you are not allowed to move more than 25 miles for highly populated counties, and 50 miles for smaller populated counties, without the other party’s consent.    The Child Relocation law in January 2016 had some significant changes. This Illinois law had some significant changes.  For one, it is now called relocation.  If you live in highly populated counties, like Cook, Dupage, Will, and McHenry, and you wanted to move 25 miles away from where your child lives, you had to get permission from the other side.  You will either need consent from the other parent or file...

Fulfilling Support Obligations During Stay-at-Home Order

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So many Americans are struggling due to the financial implications of COVID-19. A lot of Americans - including Illinois families -  are still unable to work and losing a lot of income because many establishments closed as a direct result of the stay-at-home order. While the stimulus package should have helped some Americans, it most likely did not help all of them. Expenses and support obligations , such as child support, spousal maintenance, and childcare expenses, still need to be met. If you are in a situation where you cannot meet your court-ordered support obligations, speak to a trusted family law attorney to modify your support order immediately.  It is imperative that you take care of this right now, as the modification does not extend retroactively past the date you filed the modification. Here is a video guide to discussing your options.  Before You Do Anything, File for Unemployment If you are employed by a business that is not considered to be...