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When an adult suffers from a condition that renders him or her unable to handle personal and financial matters, an Illinois court may appoint a guardian to handle these tasks. If you are the individual appointed to care for the needs of a developmentally disabled person, there are certain obligations and responsibilities you undertake as a guardian. In sum, you have two duties: You manage the ward’s personal care, and are also accountable for his or her financial affairs. Your role is an important one under the Illinois statute, so it is important to work with an experienced guardianship attorney to ensure compliance with the law.
Guardian of the Ward’s Estate
The term “estate” refers to the real and personal property that belongs to the ward. As estate guardian, you manage all aspect of the person’s assets, including real estate, bank accounts, investment accounts, interests in a business, automobiles, household items, and personal belongings. You are required to care for, manage, and invest estate property frugally and in such a way as to provide for the comfort and suitable support of the ward. Any expenses outside this legal mandate can have serious consequences. For certain expenditures, you will need a court order approving the transaction.
The purpose of spousal maintenance is to provide one partner with the financial means to support himself or herself according to a reasonable standard of living after a divorce. The award of alimony to one spouse is subject to modification based upon a variety of factors; however, the Illinois statute is clear on the circumstances that will terminate support:
While the first two situations are straightforward, the cohabitation factor can be slightly tricky. It is necessary to take a close look at complicated statutory language and review case law, so you will need an experienced spousal maintenance attorney to assist with your situation.
Cohabitation Factors That Terminate Maintenance
The Illinois statute states that the person paying spousal support is relieved of the obligation if the alimony recipient cohabitates with another individual in a “resident, continuing, conjugal” environment. The “conjugal” element, for many years, was assumed to involve a sexual relationship between two individuals, but the Illinois Supreme Court clarified the issue in a 1985 case. The term is Latin for a husband-wife relationship, rather than a sexual relationship. The justices found that people can be cohabitating on a conjugal basis without any sexual conduct, and that cohabitation should refer to the general meaning of living together as a married couple.
If you have a temporary order of protection issued by an Illinois court to protect your safety and that of your family, it can be terrifying to think about what the abuser may do when the designated time period expires. By its terms, a typical restraining order may last anywhere from a few weeks up to a couple of years, depending on the circumstances.
Fortunately, Illinois law does provide alternatives to letting an order of protection expire, but the process to extend or modify can be complicated. An attorney with experience in restraining orders can tell you more about the proceedings.
Types of Orders of Protection Under Illinois Law
There are three different restraining orders under Illinois law, and they would each apply depending on various circumstances.
Emergency Order of Protection: When you have a legitimate, demonstrable fear that an abuser will engage in violent acts against you or a member of your family, you may obtain an emergency restraining order for 14 to 21 days by filing a petition with the court. Though notice of legal proceedings is usually required in other types of cases, you do not have to notify the abuser that you are going to court.
A major change in Illinois child custody law went into effect in 2016—a move that represents a shift to what some would call a more modern approach to addressing the needs of minor children in a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, the law now requires divorcing spouses to work on a plan for allocation of parental responsibilities and parenting time.
Experts across the country have stated the numerous benefits to the concept of shared parenting, which is replacing the traditional joint and sole custody laws in other states. Since Illinois has followed suit, it is important for divorcing parents to understand how shared parenting will impact their lives.
Illinois Law on Shared Parenting
Effective January 1, 2016, Illinois law no longer refers to “custody” and “visitation” in addressing the needs of minor children. These terms have been replaced by “parental responsibilities” and “parenting time,” both of which focus on the best interests of the child.
As the parent of a minor child who does not live under your roof, you no doubt cherish the time you spend together. While a court may establish your rights to parenting time, whether by agreement or as part of a divorce case, you do not have much guidance to tell you the best ways to exercise your responsibilities to maintain a strong, healthy relationship with your child.
Proper logistics and planning can help ensure a successful parenting time arrangement, and you can also take advantage of the input of an experienced Illinois parental responsibilities lawyer. General advice on making the most of your parenting time includes the following:
Make Sure Children Understand the Schedule: Depending on their ages, you should discuss the details of your parenting time schedule—from times and dates to holidays and vacations. A seamless transition between two homes takes some adjustment, but you will want to make sure that your children feel equally comfortable in both spaces. A written schedule provides children with structure and a sense of security.
When you think about divorce in Illinois, you may see images of drawn-out, antagonistic legal battles involving repeated court hearings where spouses fight over children, the division of property, and spousal support. However, not all cases are so adversarial and can actually be resolved through mediation under appropriate circumstances.
Many spouses are able to agree on some issues or are close to compromise on disputed matters, making mediation an ideal solution to protracted, expensive litigation. Talk to an Illinois mediation professional about your situation after getting some basic information about the process.
How Mediation Works in Divorce Cases
Illinois law allows divorcing couples to resolve their disputes via the mediation process, which is a proceeding that is less formal than a court hearing. The parties, with their attorneys, select a certified mediation professional and schedule the session at a convenient time and place for all. Before the mediation, each spouse prepares a brief on the disputed issues and presents the point of view as to how they should be resolved.
The Illinois budget crisis has been in the news often, but it has had an unfortunate, relatively unknown impact on the victims of domestic violence. According to an April 3, 2017 report in Crain’s Chicago Business, there have been no new funds dedicated to the state’s domestic abuse programs; some of these groups offer legal advice and counsel to individuals seeking to protect themselves and their families from violence.
If you are a victim of domestic violence, you do have options to ensure your safety despite the lack of money for certain programs. Instead of attempting to go it alone, consult with a domestic violence attorney who knows the law and court procedures in Illinois.
Statutes on Domestic Violence
The Illinois Domestic Violence Act is the primary statute covering violence, but the Illinois Marriage and Dissolution of Marriage Act also applies in certain situations. There are key definitions to put the law in context. First, abuse can come in many forms, so you do not have to establish actual, physical attacks to seek protection. Harassment, intimidation of one of your children, and interference with personal freedoms can also be abusive. Second, the law protects a person from abuse by a family or household member, a definition that includes spouses, parents, unmarried couples that share a child, and individuals who have a relationship.
Child support and spousal maintenance are two of many considerations in an Illinois divorce, and the financial obligations included in a final decree will vary based upon the unique circumstances of the parties involved. When a divorcing couple can agree to certain support issues, there are tax benefits that the couple can take advantage of by structuring payments in a certain way. An arrangement termed “unallocated” child support is attractive to both parties. Speak with an Illinois divorce attorney with experience in tax matters to see if it is an option for you.
Default Rules on Spousal and Child Support
Spousal support, commonly termed alimony, is paid by the spouse in a higher income bracket to the individual with a lower income; the intent behind spousal support is to ensure that person enjoys a similar lifestyle after the divorce as compared to when the couple shared a household. Under federal law, the payor spouse can deduct alimony payments when filing individual income tax returns. However, child support falls under a different set of tax laws and is not deductible from the payor parent’s income taxes.
A recent Illinois Supreme Court opinion shed light on how attorney’s fees are handled in divorce cases, ending a battle that had both spouses in and out of court for 10 years. According to the Chicago Sun Times, the ruling means that a wealthy bankruptcy lawyer must pay his ex-wife $160,000 in attorney’s fees plus $27,500 in monthly spousal support.
In the original 2016 divorce settlement, the court ordered the man to pay a staggering $35,000 per month in alimony; he appealed that amount over the next few years. As the case dragged on, the ex-wife poured thousands of dollars into legal representation to protect her interests. The matter stands for the proposition that the parties’ respective finances are one factor involved with determining who pays attorney’s costs in an Illinois divorce case.
Petition for Attorney’s Fees
Under the Illinois Marriage and Dissolution of Marriage Act, a spouse can file a petition with the court to request payment of his or her costs, including attorney’s fees. The court may issue such an order after considering the financial resources of the respective parties. An award of fees may be issued for any proceeding under the Act or other court matters, such as:
When a couple decides to divorce, several steps are taken to begin the process. After the initial consultation with an Illinois divorce lawyer, your attorney will get to work on gathering information and filing the proper forms for your case. Research on property division, issues involving children, and potential strategies for spousal support will also be conducted. Additionally, your attorney will be touch with you about the work behind the scenes, which will include appearances in court. You may wonder what these hearings are about, since your case is not yet proceeding to trial. These court appearances are a necessary part of the process, so it is important to understand what is going on and what to expect.
Status Hearings
Court appearances are scheduled by the judge to see where certain factors stand on divorce proceedings. Your attorney will attend to offer a report on whether there has been settlement on property distribution and/or spousal support, and if you and your spouse have come to an agreement on allocation of parental responsibilities and parenting time. If discovery and depositions are necessary to investigate and resolve certain outstanding issues, your attorney will update the judge.
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