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630-580-6373630-580-6373Alimony, also known as spousal support, is intended to provide a financial cushion for divorced spouses who find themselves at a financial disadvantage after the end of the marriage, often because they declined to further pursue their education or career in order to care for the family. As traditional gender roles shift, it is increasingly common for ex-husbands to turn to the court to require their ex-wives to pay them spousal support. Although women, in general, still earn less than men in this country, many wives contribute significantly or solely to the family’s finances.
The Process of Deciding on Alimony Amounts
Some former spouses are able to come to an agreement about the amount of alimony that the more financially advantaged spouse will provide to the other spouse, either independently or with the help of a divorce lawyer.
However, as is commonly the case, if spouses cannot come to an agreement about a schedule and amount of alimony payments, a family law judge will decide for them. When awarding alimony to one spouse, a judge must consider a set of factors that is laid out in Illinois statute (750 ILCS 5/504), which includes the income and property of both spouses, both spouses’ needs, both spouses’ current and future earning capacity, any negative impact on the earning capacity of a spouse who delayed further education or career opportunities, the length of time it will take for the disadvantaged spouse to secure employment or education, the ability of the disadvantage spouse to become self-supporting, and current demands on the disadvantaged spouse’s time due to caring for children.
Under Illinois child custody law, the idea of custody encompasses two sets of rights: physical custody, which is the responsibility for the child’s personal care; and legal custody, which involves making major decisions about the child’s life. Custody can be shared by both parents, or vested only in one parent, depending on what a family law judge decides is best for the child.
For all court decisions relating to children, the central consideration is the best interests of the child. Many factors go into determining the best interests, including the wishes of the child, the wishes of the parents, the quality of the relationship of the child with her parents, siblings, or other close relatives, the child's level of adjustment to her home, community, and school, the mental and physical health of the child and parents, physical violence, threats, or other abuse by the parent, of the child or others, and the willingness of each parent to cooperate to allow for a relationship between the child and the other parent to continue and grow.
Illinois family law relating to marriage, divorce, child custody, alimony, and other related matters, is governed by the Illinois Marriage and Dissolution of Marriage Act. The Act, which was passed in 1977, is now slated for a big restructuring. For the first time in 40 years, Illinois lawmakers are considering sweeping changes to the patchwork of laws that govern close family relationships. Changes could impact many people who are currently involved in the process of divorce, or who are thinking about beginning the process.
The Illinois legislature has asked an advisory group, the Illinois Family Law Study Committee, to make recommendations for updating the marriage law. They have been collecting information and perspectives of judges, lawyers, and families impacted by the law for several years, and have crafted a set of changes. The changes are intended to reflect more modern cultural values and norms relating to divorce and custody of children. Although the advisory committee agrees that even if the changes were implemented, the law would still not be perfect, they believe that these changes would vastly improve the law as it stands today.
As you are undoubtedly aware, divorce cases can drag on for months and even years, preventing the parties from moving on with their lives. But why does it take so long? The lifespan of a divorce begins even before either party files for dissolution of marriage under the Illinois Marriage and Dissolution of Marriage Act, and lasts until a full agreement has been reached. Many cases involve complex circumstances that take longer to sort out. Below you will find more information on the main phases of a divorce.
Filing of a Petition for Dissolution
Your case officially begins when your lawyer files a petition in court. Once the petition is filed, you can wait before telling your spouse, if it is to your advantage, but you cannot wait forever. An attorney can help you decide when the time is right to ask the sheriff to serve your spouse with divorce papers.
If you are a divorced parent in Illinois, and your child is nearing adulthood, you may be wondering what your financial obligations will be after he or she turns 18. Under Illinois law, if you are currently ordered to pay child support, you may also be responsible for covering a portion of your child’s educational expenses. Educational expenses can include post-high school costs, during the period before your child obtains his or her bachelor’s degree.
More often than not, judges entering divorce judgements for couples reserve the decision of college expenses, postponing it until the children grow older. This is because circumstances can change significantly during the time that passes until the children are ready to graduate from high school.
If you are considering divorce, or are already beginning the process, and your spouse has been spending your shared funds imprudently, you may be able to get some of the money back.
Under Illinois’ marriage dissolution law, when one spouse uses marital funds for his or her own benefit, and not for the benefit of the marriage, it is called dissipation. For these purposes, marital assets include income from employment or investments, and funds in shared accounts such as IRAs, savings accounts, CDs, and 401(k)s that built up throughout the marriage. Senseless spending of such funds is only classified as dissipation if it occurs when the marriage is undergoing an irretrievable breakdown.
Often, the date when this breakdown began is very hard to pinpoint, and is a source of bitter disagreement in itself, especially since it can impact how any funds spent during this time will be viewed by a court. Sometimes, the date of separation is used; more rarely, it could be the date when one party filed for a divorce. However, courts often find that the breakdown began well before either of these dates.
As a grandparent, you know that the relationship you have with your grandchildren is one of the most rewarding and special bonds that you can have. However, if your child has gone through a messy divorce or custody battle, it can impact your ability to spend as much time with your grandchildren.
Many states uphold a strong set of rights for grandparents and other close relatives, including siblings. But under Illinois law, many rights afforded automatically to parents are harder for grandparents to assert.
How to Seek the Right to Visitation
Unlike visitation for parents, visitation for grandparents is not guaranteed. However, as a grandparent, you do have the right to ask a family law judge to grant you visitation time with your grandchildren. Under Illinois statute, you can file a petition if certain circumstances exist that have been preventing you from seeing your grandchildren. The statute requires you to establish that one of the parents has caused an "unreasonable denial of visitation," and that one of these conditions applies:
If you are seeking a divorce, there are two major routes under Illinois’ marriage dissolution law. When seeking a Judgment for Dissolution of Marriage from a local judge, you must show that you and your spouse have irreconcilable differences, or that you are seeking to dissolve your marriage on the basis of one of the grounds for divorce.
If you are seeking a no-fault divorce, due to irreconcilable differences, you must complete a two-year waiting period before the marriage can be dissolved. During this time, you and your spouse must live apart, and you must prove to the judge at the end of the two years that your differences have caused the irreversible breakdown of your marriage, that any efforts to reconcile have not been successful, and that any future efforts to reconcile would not be practicable or in the family’s best interests. In some cases, the two-year waiting period can be shortened to six months, if both spouses agree and sign a waiver form. In ever rarer cases, the separation requirement can be disposed of altogether. To know whether your circumstances might allow you to bypass the waiting period, you should consult with a local attorney who has experience with divorce cases.
In Illinois, a divorce marks the legal end of a marriage. Both former spouses are able to marry others. During divorce proceedings, a court can decide on issues such as custody, visitation, and support of children, as well as how to divide marital property and whether one spouse must pay alimony to the other.
On the other hand, a legal separation is not the end of a marriage. Spouses are not free to marry others, but a court can issue an order regarding child custody, visitation, and support, as well as alimony. The marital property of a separated couple cannot be divided by a court, unless both parties agree to have a judge decide how shared property should be distributed. Many couples opt for a legal separation if they know that they cannot live with each other, but are not ready to take the step of filing for divorce.
If you are currently making spousal support payments, filing for bankruptcy does not terminate your obligation. Unlike credit card debt and mortgage payments, which may be put on hold or eliminated completely through bankruptcy, your responsibility to provide for your former spouse and your children remains in place regardless of your financial circumstances.
However, you may be able to have your required payment amount reduced to accommodate your altered means. If you need to have your alimony requirement altered, speak with a trusted divorce attorney about how to complete the modification process.
If your personal debt reaches the point where it is so great that you can not meet your repayment obligations, you may be able to file for bankruptcy. Individuals with outstanding personal debt are eligible to file for two types of bankruptcy: Chapter 7 and Chapter 13.
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