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Parents must stick to a court’s order on child support—an order which is intended to cover the costs of basic necessities. However, there is more to a child’s life than food, shelter, and clothing.
Under Illinois law, a judge has the discretion to include additional expenditures in the amount of child support if doing so is in the child’s best interests and is equitable between the parents. Not all costs will qualify for an additional financial stipend above and beyond the basic obligations, so discuss your options with a knowledgeable child support attorney.
Qualifying Expenses
In addition to setting child support according to the guidelines in the statute, the court may order either or both parents to contribute to four different types of expenses:
Healthcare Costs: To the extent that they are not covered by insurance, a court may order payment of additional health-related expenses. Whether a judge will allow extra child support beyond the basic order depends upon how the payor parent has arranged insurance for himself or herself. The court may order a one parent to pay a percentage of the premiums if insurance is through an employer that passes on a charge to employees.
Divorce is certainly not on your mind when you and your spouse execute wills, but circumstances can change down the road. It hardly seems fair that testamentary bequests may result in a distribution of assets to your former spouse upon your death—and it is not: Illinois law specifically addresses this notion to prevent such a situation. Still, there are factors you will need to consider regarding your will and issues you should discuss with a divorce attorney who also has experience with estate planning.
Revocation of Legacies to Former Spouse
In general, a will may only be revoked by burning it, cancelling it, or taking some other action to destroy it—either personally or by directing someone else to do it. A will executed after the first will also have the effect of revocation, but only as far as the terms are inconsistent. The only other way a will may be revoked is by dissolution of marriage or declaration of invalidity of marriage.
In 2016, a number of changes were implemented to the Illinois Marriage and Dissolution of Marriage Act—changes that cover divorce and child custody issues. One of the sections that was overhauled deals with the allocation of parental responsibilities as they relate to decision-making.
In general, the law provides that the court will determine these obligations according to the child’s best interests and it enumerates a total of 15 factors that a judge should consider when making a decision. Because the law deletes a few sections from the prior one, and incorporates new criteria, it is worth taking a look at the seven new provisions for allocating parental responsibilities in Illinois.
Cooperation
A court will consider whether the parents can cooperate in making decisions, because conflict can impact their ability to share the role.
Within 120 days after filing a petition to allocate parental responsibilities for a minor child, divorcing parents must file a proposed parenting plan that covers decision-making responsibilities and parenting time. It is great when parents can agree on the parenting plan, but that is not always possible.
There are numerous meticulous details involved with planning out your child’s life, which you must address at a time when emotions may be running high over disputes with your spouse. Fortunately, the court can order your case to mediation to assist with developing a parenting plan and it is a process that presents benefits for your entire family.
Court-Ordered Mediation to Develop a Parenting Plan
Under Illinois law, the court “shall” order mediation to help parents in formulating a parenting plan—unless there are barriers to suggest that mediation will not work. Therefore, you should expect to engage in the mediation process if you cannot agree with your child’s other parent on the parenting plan. In addition, if you do agree on some provisions and disagree on others, you may still be required to mediate only the disputed issues.
Annulments are often thought of as a legal process you go through after using bad judgment during a trip to Las Vegas. However, an annulment is a very specific proceeding under Illinois law. The official term according to the statute is “Declaration of Invalidity of Marriage,” and it is not as available as you might think.
There are exacting requirements to qualify for the annulment process, and the rules regarding eligibility are quite strict. Therefore, if you are considering an annulment, you should discuss your circumstances with an Illinois divorce lawyer who can advise you on annulments and other available options.
Declaration of Invalidity of Marriage Versus Divorce
The effect of a declaration of invalidity of marriage is that the union never even took place. No valid marriage ever existed, despite what may have occurred during a ceremony or thereafter. For all practical purposes, the marriage is cleared from all official record keeping. In a divorce, there is no dispute over whether the marriage is valid. The parties want to end their marriage, but the official marriage documents remain on the books.
Circumstances may change for parents of minor children after a divorce, and the terms of your parental responsibilities and parenting time may have to adjust along with them. In a common scenario, your former spouse may want to relocate your child from his or her normal residence for different reasons.
No matter what the justification for moving, you do have rights under Illinois law regarding relocation. The child’s best interests are always paramount, but it is possible to defeat your ex-spouse’s removal efforts before, during, or afterwards. Always discuss your specific situation with an Illinois divorce lawyer. Consider the following information to help you understand the process.
Location of Relocation
If your child enjoys the majority of parenting time with your ex-spouse or you split it equally, your ex-spouse must follow state law on the distance of the move. Relocating rules apply when moving more than:
The parties in a divorce are free to enter an agreement regarding a distribution of property, but the court will make a determination where they cannot reach an accord. In doing so, the assets are broken into categories of marital and non-marital. Generally, only marital property is subject to equitable distribution and non-marital property is retained by the respective spouses.
One unique type of asset that may become an issue in making a property distribution pursuant to divorce is an interest in a business. When ownership is determined to be a marital asset, valuation methods and business goodwill become critical. Discuss your situation with an experienced Illinois property division attorney to ensure protection of your interest.
Valuation Methods
Establishing the worth of a company is highly complex, so a financial professional is typically hired to conduct a business valuation in divorce cases. There are three primary methodologies used:
In many divorce cases, the parties are able to agree upon spousal maintenance and the terms of the arrangement are entered into the final dissolution of marriage order. Under Illinois law, the agreement is binding on the parties, but it can be modified under certain circumstances. At times, it may be necessary and appropriate to make changes, as many life-changing events can occur after the divorce is finalized. The ex-spouses must look to the specific terms of the agreement to determine whether it can be modified. Hence, it is important to consult with an Illinois spousal maintenance attorney before you sign.
Agreements Regarding Modification
The terms of a spousal maintenance agreement typically cover the amount one spouse pays to the other, how often, and whether there are any events that would cause maintenance to terminate. In addition to payment basics, a divorcing couple can also include different types of modification provisions in their spousal maintenance agreement:
One of the most difficult conversations you may ever have with your child is the announcement that you and your spouse are ending your marriage. Children feel the impact of divorce perhaps as extensively as their parents, and how they react will depend on their age, personality, and unique circumstances. These young people will feel a range of emotions, including sadness, anger, anxiety, and surprise.
If you are divorcing in Illinois and you have decided that the time is right to tell your child, there are a few things you and your spouse can do to help them endure these difficult times.
Initiating the Conversation
When you are certain of most plans, sit your kids down and tell them about your decision to divorce. It is best if both parents are present when breaking the news, so you can present a united front in your determination that divorce is for the best of the family. Practice in advance if possible, because you are better able to anticipate and address your emotions before your children witness them. Expel negative feelings of anger, guilt, or blame when initiating the conversation.
Divorce can be emotionally draining and complex, but having a skilled lawyer on your side can make the experience less taxing. An Illinois divorce attorney will represent your interests in court to ensure protection of your rights under the law. Hence, your relationship with your attorney is important: Finding the right fit with a divorce lawyer is key to making the process as smooth as possible. You would not buy a car or home without conducting some research, and it is just as essential to do your homework when looking for an attorney. Consider the following factors when searching for a legal professional.
Where to Look
You may see ads on TV or online offering divorce services, but there are other resources to consider when looking for a divorce lawyer. If you have friends or family members who have been through the process, ask for a referral if those individuals were pleased with the attorney they used. Plus, you can also consult with state or local bar associations that maintain a lawyer referral service. These databases are typically organized by area of practice, so you know whether an attorney handles divorce cases.
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