Posted on September 06, 2022 in Family Law

In July 2017, substantial changes to Illinois child support laws took effect. Instead of determining child support solely on the paying parent's income, child support determinations are now based on both parents' financial circumstances. The changes were made in an effort to make child support calculations more equitable.

Child support is usually calculated using the Income Shares formula.  The Income Shares model estimates the amount of money that would have been available to the child if the family had not been divided by divorce. This approach considers both parents' net incomes to determine a child support obligation. In some cases, however, a court may deviate from the typical calculation method.

Deviating From the Income Shares Formula

Courts can deviate from the statutory child support formula if the court feels it is in the best interests of the child. In making a determination about whether to deviate from the Income Shares calculation method, courts will consider factors such as:

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 Posted on September 02, 2022 in Child Custody

Originally published: April 29, 2015 ---- Updated: September 2, 2022

UPDATE: Parents who get divorced or break up often face many complex legal issues related to child custody. To make the situation even more complicated, child custody laws change frequently. In 2022, Illinois no longer describes child custody in terms of physical and legal custody or visitation.

The way divorced and never-married parents care for their children is broken down into two categories: "Parenting time" is the time each parent spends with the child. "Parental responsibilities" refers to the responsibility for making major decisions about the child's welfare, including education, medical care, and religious upbringing.

Some parents allocate all of the parental responsibilities to one parent. In other families, the parents share some or all of the responsibilities. Parenting time and parental responsibility arrangements are detailed in a parenting plan, which is submitted to the court for approval. The parent with the majority of the parenting time, meaning he or she spends the most amount of time directly caring for the child, is the recipient of child support. The parent with less parenting time pays child support.

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 Posted on August 29, 2022 in Divorce

As any small business owner can attest to, running your own company is not an easy task. This is especially true presently. Between inflation, labor shortages, and the lingering effects of the Covid-19 pandemic, many business owners are struggling to keep their businesses afloat.

Getting divorced while simultaneously running a small business is even more complicated. Business owners must determine whether their business is partially or fully marital property and address the business during asset division. To do this, they will first need to determine the value of the company. Fortunately, business owners facing divorce do not have to handle all of these complex issues on their own. A divorce lawyer skilled in business valuation and division can provide direction and personalized assistance throughout the divorce process.

Valuing a Small Business During a Divorce

Businesses can be tricky to value, but there are a few methods that divorcing business owners can use to obtain an accurate valuation. One common method is the income approach. This approach values a business based on its future economic benefits. Businesses with higher incomes and profitability are typically valued at a higher amount than businesses with lower incomes.

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 Posted on August 25, 2022 in Family Law

Physical abuse, emotional abuse, psychological manipulation, and financial exploitation are just some of the forms of domestic violence suffered by individuals in Illinois and across the country. Domestic violence is shockingly common. Sadly, many people suffer in silence because they are not aware of the resources and legal tools at their disposal.

If you are a victim of domestic violence, you may be wondering whether or not you should hire a lawyer. Family law attorneys experienced in domestic violence matters can help you navigate complex legal issues like protective orders, child custody, and property division during divorce. An attorney’s job is to advocate for you and ensure your rights are not violated.

Taking Legal Action After Domestic Abuse

If you are unsure of whether a lawyer can benefit your particular situation, consider the following factors:

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 Posted on August 22, 2022 in Divorce

In Illinois, both spouses have a legal right to an equitable share of marital property. Some couples are able to negotiate the division of marital assets and debts without the court's involvement. Others take the case to trial and let the court decide an equitable division of assets.

Before spouses can divide property, they must take a full account of what they own and what they owe. Unfortunately, some divorcing spouses try to deceive their spouse and the court about the true value of their assets. Here are five signs that your spouse may be hiding assets or lying about finances during your divorce.

Red Flags to Look for During Your Divorce

The law requires spouses to provide a complete accounting of assets and income during a divorce. Failure to disclose assets or lying on a financial affidavit during divorce is unlawful and can greatly impact the divorce outcome.

Signs that a spouse plans to manipulate the divorce in his or her favor through financial deception include:

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 Posted on August 19, 2022 in Property Division

For art collectors and enthusiasts, paintings, photographs, sculptures, and other artworks may be some of the most valuable assets they own. Fine art has not only substantial financial value, it often has great personal significance. Both spouses may insist on keeping certain pieces which leads to contentious property division disputes. Furthermore, determining the value of a piece of art is not easy, and professional appraisers are often needed to value art assets during divorce. Unfortunately, some spouses may even use art as a vehicle for financial deception during a divorce. All of the factors can complicate the divorce process significantly.

Determining Ownership of Fine Art

Usually, an asset that a spouse acquires during the divorce is a marital asset. Property that a spouse owned prior to the marriage is that spouse’s property alone. Property that a spouse received in an inheritance or gift is also classified as non-marital property. Unfortunately, classifying property is rarely this cut and dry. Countless factors can complicate the process of determining what property is included in the marital estate, including the commingling of assets.

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 Posted on August 19, 2022 in Family Law

Child-related matters in a divorce are often some of the most contentious aspects of a divorce case. They are also some of the most consequential aspects of the divorce. When divorcing parents disagree about the allocation of parental responsibilities and parenting time, a guardian ad litem may be assigned to the case. The guardian ad litem evaluates the circumstances of the custody dispute, investigates both parties, interviews family members and caretakers, and makes an informed recommendation to the court about the case outcome. Working with a GAL can sometimes be uncomfortable. He or she may need to ask personal questions, investigate the parents’ homes, and interview teachers or other people important to the child’s life.

If a guardian ad litem was assigned in your divorce or child custody case, here are a few tips to help you make the most of the situation.

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 Posted on August 15, 2022 in Divorce

If you are like many people, you are not familiar with the term "divorce coach."  Divorce coaching is a relatively new service that is becoming more and more popular. Ending a marriage can take a massive toll on a person. Divorce can be so overwhelming that some divorcing individuals make mistakes or agree to unfair divorce terms just to get the process over with. A divorce coach provides emotional support and practical guidance to divorcing spouses and helps them navigate the major life changes that accompany divorce. If you are getting divorced, here are five reasons to consider working with a divorce coach.

You Need Help to Get Through this Stressful Life Experience

The Holmes-Rahe Life Stress Inventory is a scientific tool first published in the Journal of Psychosomatic Research that is used to predict stress-induced health problems. Divorce is listed as the second-most stressful life event on the inventory, just beneath death of a spouse. If you are going through a divorce, you need someone to help you manage this stress.

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 Posted on August 12, 2022 in Divorce

No one reaches the decision to divorce easily. Ending a marriage is one of the most emotionally burdensome experiences someone can go through. However, divorce is sometimes needed so that both spouses can end an unhappy marriage and move on to a better future.

If you have decided that you want a divorce but you have not yet told your spouse about your decision, you may understandably be dreading the conversation. Many people who seek a divorce still care about their spouse’s wellbeing and recognize how devastating the news may be to him or her. As you prepare to move forward with your divorce, keep the following tips in mind.

Recognize the Advantages and Disadvantages of Telling Your Spouse in Person

Some individuals only learn that their spouse is divorcing them when they are served with the divorce petition and summons. If you and your spouse are still on good terms, you may find this approach unnecessarily aggressive. There are pros and cons to telling your spouse you want a divorce before filing a petition through the court. On one hand, telling your spouse in person may help you reduce hostility and promote cooperation through the divorce process. On the other hand, if you have not yet consulted a lawyer or filed the divorce petition, this could give your spouse the chance to hide assets or take other adverse actions against you.

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 Posted on August 08, 2022 in Family Law

Parents who get divorced have seemingly countless matters to figure out. Child custody, child support, and other child-related legal issues can be complex – legally and emotionally. If you are getting divorced and you and your spouse disagree on the terms of child custody, you may understandably be feeling overwhelmed. It can be hard to know where to even begin. This blog will discuss Illinois laws regarding child custody disputes and what to do if you need help with custody concerns during your divorce.

Essentials of an Illinois Parenting Plan

The parenting plan or parenting agreement forms the foundation of any child custody arrangement. The main elements contained in the parenting plan include:

Allocation of parental responsibilities – Parents will need to determine how major decisions about their child’s life will be made. Parents may decide to make decisions about their child’s education, healthcare, religion, and other significant issues jointly or each parent may be designated specific decision-making authority. Alternatively, one parent may be given sole decision-making authority.

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