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How Parenting Time Is Determined in Illinois
It used to be called custody and visitation. Now, Illinois takes a more equitable and less adversarial approach by discussing parental responsibilities and time. Legal custody, meaning who has decision making authority over the child, has become parental responsibility. You may have all parental responsibilities or these may be shared between you and your child’s other mom or dad. Instead of sole or joint physical custody, you and your child’s other parent divide parenting time. Your child may live predominately with you or the other parent, or split his or her time between your homes. When you are divorcing or welcoming a new child while unmarried, it is crucial to understand Illinois’ new vocabulary and how a court will decide parenting time.
You Can Develop Your Own Plan
You and your child’s other parent have the right to come up with your own parenting plan, including how you will divide parental responsibilities and time. This can be faster and less costly than having your attorneys fight for what each of you want in court and attending multiple hearings for a decision. However, even when you and your child’s other parent intend to determine a plan yourselves, you should still work with an experienced Chicago family law attorney. Your lawyer will ensure you go into planning sessions fully aware of your rights as a mother or father. Additionally, your lawyer will help you prepare to arrange parenting time, including considering birthdays, holidays, school calendars, vacations, your child’s special needs, and transportation.
Using New Year’s Resolutions to Help Your Children Get Through a Divorce
Have you decided on your New Year’s resolutions yet? If not, January is the perfect time to use your New Year’s resolutions as a way to grow closer to your children and help them cope with the changes associated with a divorce. Whether you just began the proceedings or your divorce was recently finalized, it never hurts to take a close look at your and your children’s situation and see what could improve. If you have been particularly stressed lately, you may need to focus on yourself so you can be more present for your kids. If your children’s behavior has changed for the worse because of the divorce, it is time to figure out what can help them get back on track.
Here are a few New Year’s resolutions that may help you and your children cope with a divorce:
- Dedicate Time For Your Children
You are the most stable part of your children’s lives. They need to spend quality time with you to know their feelings matter and they are loved. Consider focusing on family dinners every night or make one night a week family night where distractions like cell phones are not allowed. You can expect some push back from teenagers who may feel too cool for family night, but over time, they will see that you make them a priority.
Why You Need a Lawyer Instead of Free Legal Documents
The perceived cost of working with a family lawyer is why so many people try to resolve divorce, maintenance, custody, and child support issues themselves. They believe it will be cheaper and easier to tackle the paperwork and go to court without the help of an attorney. While some individuals struggle through the process alone and achieve their desired goal, most people end up spending more time and effort than they can afford reviewing free legal advice and searching for free documents online. These individuals also encounter a tremendous amount of stress trying to learn Illinois law and understand their local court’s rules. However, wasted time and extra stress can be avoided by working with a lawyer. There are tremendous benefits associated with hiring a DuPage County family law attorney that you cannot receive using free documents, including legal knowledge and efficiency.
The Law and Court Rules Are Complex
It is all too easy to believe you can handle a divorce yourself. When you are on a tight budget, doing so may even seem like a necessity. However, there is a reason so many people have trouble understanding the law and navigating the court system: it is complicated. Illinois law regarding divorce and child matters has changed in many ways in the past year and child support rules are set to change in 2017. It can be difficult to find accurate and up-to-date information online. Even if a portion of the law has been the same for years, it can be hard to interpret lengthy statutes full of legalese. Further, without the knowledge of how appellate court decisions have shaped the court’s interpretation of the statutes, you are at a disadvantage.
Changing Your Child Support Obligation in Illinois
When family law judges determine child support, they are well aware this amount will need to change in the future. Parents’ incomes fluctuate and children grow up and have different needs. However, that does not make obtaining a child support modification less stressful. When your child support obligation becomes too much for you to handle or as the receiving parent, you are not getting enough, a modification is crucial. Whenever you need to return to court to alter a part of your child support arrangement, you should work with an experienced Chicago area family law attorney at Fay, Farrow & Associates, P.C. to ensure everything is done the right way the first time and you walk into court with the best chance of success.
Reducing Child Support
To have your child support changed, you usually need to file an action in court. Next, as either the paying parent or recipient, you must show that there has been a substantial change in circumstances that warrants an increase or decrease in the child support award. Many child support modifications are sought by paying parents who wish to have a lesser monthly payment.
Enforcing Spousal Maintenance in Illinois
Spousal maintenance is never automatic during a divorce. You and your spouse can either agree to maintenance yourselves or a judge can decide the issue. Sometimes this is a contentious topic, and other times your ex may readily agree to support you following the divorce. No matter how your maintenance is determined, once it is set, your ex-spouse has a duty to uphold the arrangement. However, despite a legal obligation to do so, some individuals choose not to pay. If your ex is behind on payments, it is time to look into how you can enforce spousal maintenance.
Contact a Lawyer
If you do not receive your spousal maintenance as defined by the court order or settlement, the first thing you should do is call an experienced spousal maintenance attorney from Fay, Farrow & Associates, P.C.. Contacting your ex-spouse about the issue may be enough to get your support back on track. However, you should not communicate with him or her without understanding your rights and your options if talking does not resolve the issue. You may also have more leverage with your ex if you are backed by an experienced lawyer and prepared to return to court.
The Division of Property in an Illinois Divorce
You probably do not feel like concentrating on “things” during your divorce. You do not want to worry about the couch in the family room or the nice china. You simply want to move forward and begin to recover from the emotional turmoil of this time. However, you and your spouse will need to address your personal property. You two can decide how you will divide your things in a property settlement, or an Illinois judge will abide by the principles of equitable distribution and make these decisions for you. When you realize it is time to worry about the small things along with the big, and you need help receiving your fair share of marital property, call the DuPage County family law attorneys of Fay, Farrow & Associates, P.C. at 630-961-0060.
Determining Marital Property
Whether you and your spouse are negotiating a property settlement or you take the matter before a judge, you will need to make the distinction between marital and non-marital property. Under Section 503(a) of the Illinois Marriage and Dissolution of Marriage Act, marital property is all property including debt, which was acquired by either or both spouses subsequent to the marriage. However, there are exceptions. Non-marital property includes:
Answering Your Children’s Questions About Divorce
Divorce is both a specific process and an uncharted emotional journey. Outside of courtroom rules, you have to navigate a new path with your family – one that may not have the guidelines and structure you are used to. Once you decide to move forward with the dissolution of your marriage, you have to prepare how you will talk with your children about this change. You are not the first parents to divorce, and there are some strong suggestions you can follow in regard to answering your children’s questions. To learn more about obtaining a divorce and how you can handle the situation with your children, call Fay, Farrow & Associates, P.C. at 630-961-0060. We offer guidance on this process with skill and compassion.
Spare Your Children the Details
Developing a Parenting Time Plan With Your Children’s Other Parent
When it comes to developing a parenting time and responsibilities plan, you must prepare to sit down and talk with the other parent of your children. Together, you will need to arrange everything from important occasions to your children’s mundane day-to-day needs. You will have to make sacrifices by not seeing your children every day or missing them on holidays. But it is best if you and your children’s other parent create a parenting plan together instead of leaving these crucial decisions up to a judge. If you need help acquiring parenting time and responsibilities during a custody battle, contact the Chicago family law attorneys of Fay, Farrow & Associates, P.C. at 630-961-0060.
When arranging parenting time, consider:
- Birthdays. Do not plan for only the obvious birthdays, like your children’s. Also plan for your birthday, the other parent’s, and any other important family birthdays. Your children will have friend’s birthday parties to attend. Figure out ahead of time how you and the other parent will handle friend’s birthdays, including who is responsible for purchasing gifts and driving to and from locations.
Getting Started with Adoption
You face a multitude of questions once you decide adoption is the next stop. How do you adopt a child? Do you need an attorney? How much will it cost? While the adoption process can seem overwhelming at first, it is easily explained by an experienced Chicago adoption attorney from Fay, Farrow & Associates, P.C.. You can choose to go through an independent process, private agency or a public agency adoption. All of those options will help you welcome a child into your home. To learn which path may be the best for you, call us today at 630-961-0060. We will explain your rights as an adoptive parent and the pros and cons of each option.
Private Adoption
Private adoption, also known as an independent adoption, is the process of adopting a child without going through an agency. You will need to be matched with a prospective child in another way, such as through family, friends or a religious community. During a private adoption, an experienced adoption attorney drafts any necessary agreements and guides you through the legal process.
When Can I File for Divorce in Illinois?
The decision to divorce is never convenient, but it can be even more difficult when it comes around moving time. If you or your spouse just moved to Illinois or one of you needs to move out of the state soon, you should take a closer look at whether you can and should obtain a divorce here. Illinois has a residency requirement, which means you or your spouse must be a resident of the state before your divorce can be finalized. Illinois courts have no jurisdiction over the marriages of individuals who do not live in this state. If you are new to Illinois or may move away soon, call the Chicago divorce lawyers of Fay, Farrow & Associates, P.C. at 630-961-0060 to learn where you should file for divorce.
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