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. 

Other Parenting Time Restrictions

Supervised visitation is just one of several parenting time restrictions the court may impose to keep a child safe. Sometimes, the amount of parenting time is reduced. A parent may only be allowed to see his or her child once a week, for example. In cases involving severe neglect or abuse, a parent's parenting time may be eliminated entirely. 

Courts can also require a parent to complete a substance abuse treatment or rehabilitation program, attend mental health counseling, or get anger management therapy before being allowed to enjoy unrestricted parenting time. 

If there is a concern that a parent will violate the parenting time schedule, the court can make the parent post a cash bond to the court to assure compliance. 

Sometimes, parenting time restrictions restrict who can be around the child during parenting time. For example, if a parent has a family member with convictions for child abuse, that family member may be prohibited from being present during the parent's parenting time. 

Contact our Plainfield Child Support Lawyer

Parenting time restrictions may be ordered by the court if there is a concern about the child's safety. If you want to petition the court for a parenting time restriction or your own parental rights have been threatened, contact our Joliet child support lawyers for help. Call 815-666-1285 for a free initial consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

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.

The portion of the retirement assets that were acquired during the marriage must be divided fairly between the divorcing spouses. However, since retirement accounts can be complex, the process of dividing them is often times more complicated than simply splitting them down the middle. Sometimes, divorcing spouses negotiate a property division arrangement that assigns the entirety of a retirement asset to one spouse while the other spouse receives other types of property or assets in return. Other times, the retirement assets may be split evenly between the spouses.

QDROs Split Retirement Assets While Avoiding Negative Tax Consequences

A QDRO gives a spouse the right to a retirement benefit. The QDRO is filed with the retirement plan administrator and becomes a part of the divorce decree. Once the divorce is finalized, the QDRO allows for the distribution of a portion of the retirement assets to the spouse who does not have primary ownership of the account.

The advantage of using a QDRO rather than simply splitting the retirement assets in half is that it allows the division of the assets to be done in a way that does not cause any negative tax consequences. Early withdrawal from retirement accounts often comes with a hefty tax penalty. However, when the distribution of assets is done through a QDRO, there are no such penalties.

Contact a Joliet Property Division Lawyer

Our Plainfield divorce attorneys can help you divide retirement accounts and other assets in a way that reduces taxes and other negative financial consequences. Call Law Offices of Tedone and Morton, P.C. at 815-666-1285 to set up a free consultation.

Source:

https://insurance.illinois.gov/Applications/Pension/PublicDocuments/QILDRO/QILDROform.pdf

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. 

Getting Divorced When Your Spouse Has Narcissistic Tendencies 

If you are planning to end your marriage and your spouse exhibits narcissistic behaviors, it is important to have a plan in place for how to deal with the personal, financial, and legal complexities you may face during divorce. 

1. Work with an experienced attorney -  Dealing with a narcissist during divorce proceedings is likely to be difficult and exhausting. As such, it is important to have an experienced attorney on your side who can help you navigate the legal process and protect your interests.

2. Gather documentation - If your spouse tries to manipulate or gaslight you during the divorce process, having objective documentation will be crucial. Gather financial documents, emails, text messages, and any other evidence that may be relevant to your case.

3. Create distance - During the divorce process, it is important to create both physical and emotional distance from your spouse. You may want communication with your spouse to take place through your respective attorneys.

4. Be prepared for a fight - If your spouse is a narcissist, he or she may be unwilling to compromise or cooperate during the divorce process. Alternative resolution methods like mediation may be insufficient. 

5. Focus on your own well-being - It is important to take care of yourself both physically and emotionally during the divorce process. Make time for yourself, exercise, eat well, and participate in activities you enjoy. 

6. Lean on your support system -  Friends and family can provide much-needed emotional support during the divorce process.

7. Do not stoop to your spouse's level -  Narcissists often resort to name-calling, personal attacks, and other forms of verbal abuse. Do not stoop to your spouse's level; instead, remain calm and focused on the task at hand.

8. Avoid social media -   Social media can be a minefield during the divorce process. Do not post anything about your divorce on social media, and avoid sharing information about new purchases or other financial transactions. 

9. Get a protection order if you are in danger - If your spouse has threatened, harassed, or abused you or your children, you may want to get an emergency order of protection. 

10. Keep your eye on the prize - The divorce process can be long and drawn out. It is important to keep your ultimate goals in mind and remain laser-focused on the future.

Contact Our Experienced Joliet Divorce Lawyers 

At the Law Offices of Tedone & Morton, P.C., we know that some spouses intentionally make the divorce process as difficult and stressful as possible. Our experienced Plainfield divorce lawyers are committed to protecting your interests and helping you obtain the best possible outcome in your case. To learn more about how we can help you, call us at 815-666-1285 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.webmd.com/mental-health/narcissism-symptoms-signs

Divorce cases sometimes include an order requiring one spouse to provide continued financial support to the other spouse. These payments are referred to as “spousal maintenance” in Illinois law, but the terms “alimony” and “spousal support” are sometimes used colloquially.  If you are getting divorced, you may have questions about the role spousal maintenance will play in your case. Read on to learn more.

Circumstances Under Which Spousal Maintenance May be Ordered

Spousal maintenance is only ordered in a small percentage of Illinois divorce cases. There are three main circumstances under which a spouse may receive maintenance payments in a divorce:

• Mutual agreement between the parties – Divorcing spouses may negotiate the terms of maintenance during the divorce process. For example, consider a divorcing couple who owns a family business. The spouses may work out an agreement in which one spouse keeps the business but the other spouse receives spousal maintenance payments.

• A prenuptial or postnuptial agreement – Some spouses sign prenuptial agreements or postnuptial agreements that define the conditions of spousal maintenance in the event of divorce. Courts uphold the decisions described in prenuptial and postnuptial agreements unless there are issues with the agreement that make it invalid.

• Court order – If the spouses cannot negotiate an agreement about spousal maintenance, the court will make a determination based on the length of the marriage, each spouse’s financial circumstances and earning capacity, and other relevant factors.

Spousal Support Payment Amounts

If the court determines maintenance during a divorce, the amount a spouse pays is usually based on a statutory formula. One-quarter of the recipient’s net income is subtracted from one-third of the paying spouse’s net income to find the payment amount. This payment amount cannot e more than the spouses’ combined net incomes. The duration of payments is usually based on the length of the marriage. The longer the spouses were married, the longer the recipient is entitled to maintenance.

Contact a Plainfield Divorce Lawyer

Divorce has a massive financial impact. In some divorce cases, one spouse is required to pay spousal maintenance to the other spouse to offset some of the financial hardship caused by divorce. Spousal maintenance may be based on an agreement or court order.

Whether you are the person who pays spousal maintenance or you receive maintenance payments, a Joliet divorce attorney from Law Offices of Tedone and Morton, P.C. can protect your rights. Our skilled team has experience in complex divorce cases and can provide legal support and guidance regarding spousal support, property division, child custody, and more. Call 815-666-1285 and set up a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

Children are growing up in a world that bears almost no resemblance to the world in which their parents grew up. From smartphones to remote learning, it can seem as if everything is different. If you are a parent and you plan to share custody with your ex, you may worry about how you and the other parent will manage child-related matters as divorced or separated co-parents. There is no way to completely eliminate parenting disagreements. However, many co-parents find that they can avoid future conflict by discussing child-related matters and making a parenting plan before these issues arise. As you and your child's other parent start building your parenting plan, make sure to consider the following technology-related matters.

Screen Time Limits

Many parents worry about the effects of too much "screen time," or time in front of a television or computer screen, on their children. Excessive screen time is associated with obesity, reduced social skills, sleep problems, and even developmental delays. It will be easier to enforce screen time limits if you and your child's other parent are on the same page about the amount of time your children should spend on computers, tablets, and other electronic devices.

Social Media

Will your child have an Instagram or Facebook account? Will he or she be allowed to upload videos to YouTube or TikTok? Parents should make sure they discuss social media usage and brainstorm ways to keep their kids safe online.

Smartphones

More and more children are getting smartphones at younger and younger ages. If your children are old enough to have a cellphone, you and your co-parent should decide when they will be allowed to use it, how much data they will be allotted each month, and what the consequences will be for exceeding those limits. You should also consider installing parental controls on your child's phone.

Remote Learning

If your child's school offers remote learning or if you plan to homeschool your child, you and the other parent will need to work together to make sure that your child has the technology he or she needs, such as a laptop, printer, and internet access. You should also decide who will be responsible for supervising your child's remote learning and ensuring that he or she completes assignments on time.

As you can see, there are many child-related technology concerns that divorcing parents need to discuss and make a plan for before they can start sharing custody of their children. By addressing these issues early on, you and the other parent can reduce the potential for conflict in the future.

Contact a Joliet Child Custody Lawyer

If you are getting divorced or you are an unmarried parent seeking joint custody, contact our Will County family law attorneys for legal support. We can help you with custody agreements, parenting plans, divorce matters, and more. Call 815-666-1285 for a free consultation.

Source:

https://www.verywellfamily.com/set-limits-on-kids-screen-time-1256983