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After a divorce, it is common for the former spouse to pay child support, alimony or sometimes both. What happens when one spouse remarries? Remarriage can have an affect on the duration and amount of child support payments the custodial parent (the parent who has primary custody of the child) receives. Therefore, it is worth considering all of the legal consequences before entering into a new marriage.
How is Child Support Calculated in Illinois?
Child support laws are governed by the Illinois Marriage and Dissolution of Marriage Act. The Act describes specific child support guidelines that the courts must follow to determine how much child support must be paid to the custodial parent. Typically, the amount of child support is calculated by the non-custodial parent’s (the parent who does not have legal custody of the child) net income and the number of children he/she is responsible for. The court is also allowed to consider other factors such as:
In 1988, 75 year old billionaire tobacco heiress Doris Duke adopted a 35-year-old woman named Chandi Heffner. Duke believed that Heffner, a fellow Hare Krishna devotee, was the reincarnated soul of Duke’s only child. As is too common for billionaire tobacco heiresses, Duke and Heffner’s relationship became strained leading to Duke to decide that the adoption of Heffner was the “worst mistake of her life.” Duke negated the adoption, and in turn, Heffner sued Duke.
At 32 years old, Maurice Griffin was finally adopted by his one time foster family. After Maurice arrived in the Harris household, the Harris family and Maurice bonded. Unfortunately for young Maurice and the Harris family, California wrongfully removed him from the Harris family. During the ensuing years, Maurice searched for the Harris family, eventually finding them when he was in his late twenties.
The decision to end a marriage is usually not an easy one to make. Often, couples must face a number of difficult decisions when deciding to divorce, especially when children are involved. Outsiders may wonder what happened within a marriage to cause divorce. While any number of factors can and usually do play a part in a couple’s decision to call it quits, a new study is suggesting a surprising factor that may play a larger role in an impending divorce than one may realize. According to a news article recently published by CBS 2, the divorce of a friend or loved one may increase a couple’s chances of getting divorced as well.
Divorce is Contagious... Just like the flu, a new study from Brown University is suggesting that divorce may also be contagious, and could put anyone’s marriage in danger. According to the study, which was comprised of data from thousands of people over three decades, the divorce of a friend or loved one may increase that person’s odds of also getting divorced. The findings included that one was 75 percent more likely to get divorced if one of their friends were divorced. Further, an individual was 33 percent more likely to divorce if a friend of a friend obtained a divorce. The trend seemed to end when considering the divorce of a couple three degrees removed. Researchers involved in the study called the findings a social contagion, which indicated the spread of information, attitudes, and behaviors through friends, family, and other social circles. …Or is It? Some are saying that it is not divorce itself that is contagious in such situations, but rather it is the emotions that are tied to the divorce that can be contagious. In other words, those who are constantly around other people who are in unhappy relationships may tend to look at their own relationship more critically. Others were not so sure of the theory, saying the tendency to let other’s emotions have such a significant impact on one’s own shows a lack of maturity and that a friend or acquaintance’s unhappiness should not influence another individual’s marriage. There are ways to avoid letting the divorce bug infect another couple. It is advisable not to compare the situation and circumstances of a friend to one’s own, since usually, the connections are not found in reality but are rather imagined or created. Often, such comparisons and associations are simply not realistic. Divorce Attorney If you find yourself in a situation in which divorce seems like a likely option, it is best to discuss your case with an experienced divorce attorney. The attorneys at Davi Law Group, LLC can advise you after listening to the facts of your particular case. Please contact us today for a consultation. We have successful experience representing clients in Cook and DuPage Counties, as well as surrounding areas.
There are certain circumstances that require the relationship between a father and his child to be established. This is especially true in circumstances where a child was born to parents who are not married. There is a legal process for establishing paternity in Illinois depending on the facts of a particular situation.
A father can establish paternity in three ways:
This is an age in which the daily use of Facebook, InstaGram, and Twitter, just to name a few, is rampant among much of the population, from tweens to grandparents. Perhaps it is not surprising that such incessant use of social media is playing a part in our daily lives and having a more negative effect than we likely realize. According to an article recently published in Time, a new study revealed that active Twitter use led to divorce and infidelity in many cases.
Twitter Use Leads to Divorce
The study found that those who were active on the social media site Twitter were more likely to be a part of confrontations that had the potential to lead to infidelity and divorce, regardless of how long the relationship has lasted.
The dissolution of a marriage can bring with it a number of significant life changes. After divorce, one of the spouses may wish to relocate in order to get a fresh start. Normally, this would not pose a problem, but for an ex-spouse with children, it may not be as easy. Depending on what their child custody plan provides for, a parent may have to follow certain requirements set by law in Illinois in order to permanently or temporarily remove their children from a certain jurisdiction. Parent’s Rights In general, custody plans designate one parent as custodial and the other as non-custodial, even if both parents share time with the children. In fact, the custody plan itself may speak to the issue of removing or relocating the children out of state. Otherwise, Illinois law states that a custodial parent is able to relocate, either permanently or temporarily, with their children as long as they provide the non-custodial parent with advance and sufficient notice of their plans. The non-custodial parent may agree with the move; in that case, the parents may be able to reach an agreement outside of court. If the non-custodial parent is against the move, the custodial parent must ask the court’s permission to relocate. It is important to note that according to Illinois law, a custodial parent does not need a court order to relocate with their children within the state. As long as the move will not affect the non-custodial parent’s visitation schedule, a relocation should be allowed without court involvement or a change to the terms of the custody plan. Illinois Law on Out of State Removal In situations where the parents do not agree about relocation, the law provides protection of a non-custodial parent’s right to have regular visits with their children. In order to procure an order from the court allowing a parent to remove their minor children outside the state of Illinois, certain standards must be met. A custodial parent seeking the court’s permission to relocate must prove that removal is in the child’s best interests, and also must demonstrate an important reason for the move. Important reasons may include a new job prospect or access to certain necessary services that are only available outside the state, such as specific medical treatment. In considering whether the move is in the child’s best interests, the court will consider the following factors, among others:
Divorce is a life change for everyone involved, but the legal process of ending a marriage may pose more challenging for one spouse than for the other. Often times, one spouse may have made sacrifices in their career to raise children or to give the other an opportunity to finish school or obtain training. When that partnership ends, the sacrificing spouse may be at a disadvantage and need financial assistance. In cases such as these, the financially dependent spouse may seek alimony payments, also known as spousal support or maintenance, from the other.
It often seems as though it is only a matter of time before we hear of a new political scandal in the media regarding infidelity or other transgressions by our elected officials. Oftentimes, their actions have consequences, not only in the form of public opinion affecting their professional lives, but also in their personal lives as well. The latest such incident involves a married Republican congressman from Louisiana, Representative Vance McAllister.
McAllister’s Transgression
McAllister was captured on video participating in less than savory behavior. In the dark, with his shirt untucked, he is seen approaching a woman and then embracing her with a kiss. It was revealed that the woman in the recording was an aide who worked with the congressman, and was also married.
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