Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
There are several forms of spousal support, or alimony, under Illinois law. Alimony can be periodic or permanent. Alimony may also take the form of a lump-sum payment or a transfer of property. Most alimony, however, is periodic. A supporting spouse will usually make regular payments to the supported spouse for a specific period of time. If the supported spouse decides to remarry or cohabitate, alimony payments will be impacted.
Remarrying and Alimony Awards
Generally, alimony ends automatically when the receiving spouse marries again or has a marriage ceremony. Alimony will end even if the supported spouse is not yet legally married. Therefore, the supporting partner may cease paying immediately on the day of the receiving spouse’s marriage. The supporting spouse does not need to head back to court or perform additional tasks. However, if the alimony was a lump sum payment, then the payor spouse must still facilitate the payment even if the receiving spouse has chosen to remarry. Conversely, if the supporting spouse remarries, this does not immediately alter alimony payments. However, the court will consider the new marriage when considering whether alimony should proceed.
When you and your spouse are going through a divorce, you already anticipate the division of property and assets. However, most people fail to realize that debts are also a major part of this process. Most divorcing couples focus on who gets the house, car, or big screen television; still, they must also consider who handles the mortgage, car payments, and credit card debt. These debts might have been manageable when both spouses were paying the debt down, but it might be much more difficult to pay those debts on one's own.
Fortunately, when it comes to debts, Illinois law has certain provisions that deal with marital and non-marital debts. Under Illinois law, “Neither husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and they shall not be liable for the separate debts of each other, nor shall the wages, earnings or property of either, nor the rent or income of such property, be liable for the separate debts of the other.” Therefore, neither spouse will be liable for the debts of the other spouse. Creditors will not be able to go after assets you own when they are going after your spouse.
Today, in Illinois family courts, the divorce process is governed by the Illinois Marriage and Dissolution of Marriage Act (“Act”), which was passed in 1977. Society was different back then, and the Act was created to address the many issues families were facing. Today, however, the landscape of society has changed and families have several new needs that the Act can no longer satisfy.
In order to get divorced under the current statutory scheme, you have to identify a specific ground that provides for the dissolution of marriage or you must have been separated from your spouse for at least 24 months. There are many grounds for divorce in Illinois, some of which include adultery, cruelty (mental/physical), drunkenness, and irreconcilable differences. In certain instances, people desiring divorce have used these grounds to obtain an unfair advantage over the other spouse when it came to child custody or alimony, among others.
In an overwhelming majority of cases, divorces are handled in one long proceeding. However, there are rare circumstances in which a case may be settled in parts. Bifurcated judgments are handed down by a court when there are obstacles to a single judgment that may not be resolved in the time available. Illinois courts do consider them, but the stakes must be high.
When is Bifurcation Appropriate?
Bifurcation is permitted under 750 ILCS 401(b), and is generally granted when “appropriate circumstances” exist. While this is, understandably, a nebulous term, it has somewhat been clarified by Illinois case law. Several different court cases have created non-exhaustive lists, but the general rule of thumb is that bifurcation is on the proverbial table when one spouse has a reason to want proceedings concluded quickly, and the reason does not unduly inconvenience or prejudice their soon-to-be ex-spouse.
In Illinois, a guardian is appointed for a variety of reasons and has the same responsibilities to a child as a child’s natural parent. Guardianship arises in certain scenarios, such as when: a child’s biological parents cannot care for the child; a child’s parents died in an unfortunate accident; a minor child is disabled and is unable to provide for his or her own well being; or when elderly persons can no longer take care of themselves.
Under Illinois law, there are four types of guardianships available. These guardianships are: permanent legal guardian; guardian ad litem; standby guardian; and short-term guardian.
A permanent legal guardian assumes the obligations of the biological parents and is responsible for the child’s necessities, such as food, clothing, shelter, education and upbringing;
A guardian ad litem is someone appointed by the court to investigate the facts surrounding the case involving the child, who then makes a recommendation to the court, which the court usually accepts;
While United States law is supreme within our borders, this does not preclude other systems of law from having an effect on how people raise their children and where those children may want to live in the event of divorce or the loss of a parent (or both). Legal systems such as those adopted by religions or ethnic groups still play an extremely important role in many lives, and in some cases, it is possible to integrate certain provisions into a determination of child custody.
Islamic Law and Child Custody
Islamic law is heavily paternalistic, at least in regards to family law matters, and the preferable custody arrangement in many Muslim divorces is to have the children stay with their mother until they reach the age of “custodial transfer” (which varies between families, but is generally around the Islamic age of maturity—teenage years) and then return to their father’s family.
When the Illinois Department of Children and Family Services knocks on your door, you should take the process seriously, whether or not you believe they have a right to take action against you or not.
In Illinois, DCFS is responsible for the protection of children across the state. Therefore, they have the authority to thoroughly investigate anyone suspected of abusing or neglecting children. Child abuse, as broadly defined by Illinois law, is the mistreatment of a child under the age of majority, which is 18, by a parent, intimate partner, immediate relative, roommate (even if unrelated), caretakers (babysitters, daycare workers), educators, coaches, and even youth volunteers.
Understanding Child Abuse or Neglect
Currently, the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) determines the factors the court considers when deciding the best interests of the child during child custody disputes. As the law stands today, the court issues physical and/or legal custody to a single parent or both parents. These categories are commonly referred to as joint or sole custody. Essentially, if the parents do not cooperate, one parent will be granted custody and the other will be granted visitation, creating a winner/loser scenario.
The IMDMA directs the court to consider certain factors when evaluating the best interests of the child at issue in the child custody proceedings. These factors include, but are not limited to, the following:
Wishes of the child;
When the court determines that an adult is unable to care for himself/herself, or a child’s parents are unable to care for the child, the court will appoint a guardian. The court can appoint a guardian to have custody of the child or to manage the child’s property, or both.
If the court appoints a custodial guardian, the guardian has the right to:
Custody of the minor child;
Enroll the minor child in school;
Consent to medical treatment for the minor child; and
Apply for public benefits on behalf of the child.
Accompanying these rights come certain responsibilities. The guardian is responsible for:
Providing the minor child with necessities (food, clothing and shelter);
The adoption law in Illinois focuses on facilitating new family relationships. When parents to decide to adopt a child, it creates a legal parent-child relationship, just as if the child was their biological offspring. The same outcome applies when a parent, or parents, adopt an adult. Commonly, adult adoptions formalize relationships that have endured for a long period of time. Many states across the United States, including Illinois, permit adult adoption, where two adults legally enter into a parent-child relationship.
There are benefits to adult adoption. Adult adoption gives the adopted adult the inheritance right from the adopting parent(s), just as if the adult was the biological child of the adoptive parent(s). Likewise, it permits the adopted adult to make important medical decisions, should the parent become disabled or incapacitated. Often, adult adoptions occur in pre-existing relationships, such as the situation of a stepparent and stepchild, which is performed to ensure that the stepchild has inheritance rights.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
