Recent Blog Posts
Divorce Tips for Stay-at-Home Moms in Joliet
When mothers choose to stay home to raise children, they typically rely on their spouse's income to make ends meet. Mothers who do not work outside the home, work limited hours, or volunteer are often put in a precarious situation during divorce. However, with the right planning, support, and legal guidance, divorcing stay-at-home moms can make a successful transition while protecting their financial interests.
Get Familiar with Your Financial Situation
For many stay-at-home mothers, the household and family responsibilities are divided. The mom focuses on taking care of the children while her spouse takes care of other responsibilities, such as paying bills and managing money. Before filing for divorce, it is important for a stay-at-home mother to familiarize herself with the family's financial situation. Developing an understanding of both assets and liabilities will help give her a clearer view of her financial future after the divorce is finalized.
FAQs About Paternity in Illinois
Paternity refers to the legal father-child relationship. The gender-neutral term "parentage" is currently used in Illinois law. However, "paternity" is still used informally, and the terms will be used interchangeably throughout this blog.
Whether you are a mother or father, or soon will be, it is very important that you understand what your rights are responsibilities are regarding paternity.
Do I Need to Take Steps to Establish Paternity?
In Illinois, the paternity of a child is presumed in certain situations, including when the mother of the child is married to the father. If paternity is presumed, the parents can sign the child’s birth certificate and do not need to take any additional steps to verify parentage. However, if the parents are not married, paternity must be established through one of several legal avenues. Paternity can be established through a Voluntary Acknowledgment of Parentage form or an administrative or judicial proceeding.
Do Illinois Parents Have to Pay Child Support If They Are Unemployed?
According to the Bureau of Labor Statistics, the unemployment rate currently hovers around 3.5 percent. The reasons for unemployment are as varied as the people who make up this statistic. Some people are still struggling to find employment after the pandemic, while others have been affected by the recent layoffs in the technology industry. Some individuals also choose not to work. They may decide to forgo employment in favor of child-raising or domestic duties, or for personal reasons.
Whatever the cause, unemployment can significantly impact a parent's ability to provide financial support to their child in the form of child support. If you are the payer or recipient of child support in Illinois, it is important to understand how unemployment can affect your child support order.
Intentional Unemployment
When it comes to child support, Illinois courts differentiate between intentional unemployment and unintentional unemployment. Intentional unemployment is when a parent voluntarily chooses to be unemployed or underemployed. Some parents do this solely in an effort to reduce their child support obligation. Intentional unemployment is frowned upon by Illinois courts, and if a court finds that a parent is intentionally unemployed or underemployed, they may impute or estimate the parent's income for the purpose of child support calculations. For example, if a parent used to make $100,000 a year and is now voluntarily unemployed, the court may use his or her previous income in the Income Shares calculation to determine his or her child support order.
Should I Have an Open Adoption?
Adopting a child can be a beautiful way to expand your family. However, it is also a big decision with many factors to consider, including whether or not you should have an open adoption. Open adoptions allow adopted children to stay in contact with their birth families and foster a meaningful relationship throughout their lives. Open adoptions can be greatly beneficial to the parents and the adopted child, but they can also bring up complex emotions for everyone involved.
Evaluating the Pros and Cons of an Open Adoption
When you bring an adopted child into your family, there are seemingly countless personal, emotional, legal, and financial matters to contend with. Will my child fit in with our family? How do I handle the legal process of adoption? How can I make my child feel safe and secure? Should we have an open adoption?
There are many pros and cons associated with an open adoption. Having ongoing contact with their birth family gives the adopted child an important opportunity to remain involved in his or her birth parent(s) lives. The child gains additional resources including emotional guidance, cultural insight, and medical information if needed. Keeping the birth family in the picture also allows the adoptive parents to maintain a healthy relationship with the birth parents. This helps create a stronger bond between the families, which leads to more stability for the adopted child.
Establishing Paternity in Illinois When a Man Denies He Is the Father
Paternity is the legal recognition of a father-and-child relationship. In the case of a married couple, paternity is assumed, and no further action is needed to establish paternity. The husband of the child's mother is automatically considered the child's father.
However, life can be complicated. Sometimes, a situation arises in which an alleged father denies that he is the child's father. If you are involved in a situation like this, it is important to understand your rights.
Paternity May Be Established Through Judicial or Administrative Action
In Illinois, paternity may be established by a court action or an administrative process initiated either by the mother or the father.
If the presumed father denies that he is the biological parent of a child, then genetic testing will be required to ascertain paternity. DNA paternity testing is a non-invasive procedure during which cheek swabs are taken from both the presumed father and the child. The samples are examined at an accredited laboratory to determine genetic markers, and from those markers, the probability of paternity is calculated. Paternity tests are extremely accurate.
What Is Asset Tracing and How Is It Useful During High-Net-Worth Divorce?
Classifying, valuing, and dividing assets is often one of the most complex components of a divorce. When spouses marry, their property is mixed. Determining who is entitled to what in a divorce can become a lengthy and complicated process - especially in a high-net-worth divorce.
Asset tracing is the process of tracing the origin of each asset. This is especially important in a high-net-worth divorce case, as the spouses may have complicated financial portfolios with multiple investments, complex tax returns, and global assets. Asset tracing can be used to determine what assets were acquired during the marriage versus those that existed prior to it. Asset tracing may also be used to reveal hidden assets, undervalued assets, or undisclosed sources of income.
What Does Asset Tracing Entail?
Asset tracing is a process of tracking the origin, movement, and ownership of each asset. The process may include:
5 Tips for Surviving Your First Christmas After a Separation
Splitting up with your spouse is challenging under the best of circumstances. However, separation or a divorce during the holidays is especially stressful and upsetting. If you are beginning the divorce process this holiday season, you know this firsthand. There is no way to completely eliminate the emotional, financial, and practical challenges associated with this major life change. However, you may be able to mitigate the stress and reduce your anxiety to some degree. Here are a few tips to help you get through your first Christmas after separation.
Getting Through the Holidays When Divorce Is on the Horizon
Christmas is supposed to be the "most wonderful time of the year." However, for people going through divorce, it can seem more like a nightmare. Many people struggle with feelings of loneliness, anger, regret, and confusion during the divorce process.
If you are getting divorced soon, consider the following coping strategies:
Supervised Visitation and Other Parenting Time Restrictions
Illinois courts want to preserve the relationship between a child and both of his or her parents whenever possible. However, in cases where there is a history of domestic violence, substance abuse, mental health issues, or other concerns that place the child’s safety at risk, courts may order supervised visitation or other restrictions on parenting time. Supervised visitation is when a third-party monitor is present at all times during exchanges and visits between the child and parent. The monitor can be a family member, friend, or professional hired for the role. Courts may also order restrictions on parenting time such as limiting the parent’s visits to certain times or places, prohibiting certain activities, requiring testing for substance use or other restrictions.
Why is Supervised Parenting Time Ordered by the Court?
The child's best interests are the top priority for the court when deciding parenting time restrictions or any other child-related matter. Supervised visitation may be ordered if it is believed that this arrangement will ensure that the child is provided with a safe, stable and nurturing environment. Domestic violence, abuse, neglect, drug or alcohol abuse, severe mental health issues, or other concerns are some of the issues that may result in a court ordering supervised parenting time.
What is the Role of a QDRO in an Illinois Divorce?
A qualified domestic relations order, or QDRO, is a legal document that is typically used in conjunction with a divorce decree in order to divide retirement assets between spouses. In the state of Illinois, there are specific rules that must be followed in order for a QDRO to be valid.
If you are going through a divorce and you have retirement assets, it is important to understand the role of a QDRO in dividing those assets. An experienced Illinois divorce attorney can help you ensure that your QDRO is properly drafted and filed so that your interests are protected.
Retirement Assets in a Divorce
When most people think about dividing property in a divorce, they think about vehicles, real estate, and household items such as furniture. However, retirement accounts must also be dealt with during divorce. In Illinois, retirement assets acquired during the marriage are considered to be marital property and are subject to equitable distribution. Retirement funds that a spouse already acquired before getting married are usually considered non-marital assets. Consequently, retirement assets may be considered partly marital and partly non-marital during a divorce.
10 Tips for Divorcing a Narcissist Spouse
The term "narcissist" refers to a person who is excessively self-absorbed and lacking in empathy. Narcissism often manifests itself as a need for admiration and attention. Someone with narcissistic tendencies may try to control or manipulate other people, intentionally start drama, or be excessively aggressive.
If you are divorcing a narcissistic spouse, then you know that the process is likely to be long, draining, and frustrating. There is no way to eliminate hardship and challenges during your divorce completely, but the following tips may help.
Please provide your Name or Case Number when submitting a payment. Thank you.
Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
Contact Our Firm
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.
