Marriage dissolution can affect an individual on many levels. Emotionally, he or she may feel cheated, devastated, disappointed or angry. Although these emotions can be more than enough to cope with, they can only be exacerbated by the potentially life-altering financial changes that can accompany them.
When a divorce is finalized, parties may find themselves breathing a sigh of relief, and for good measure. Divorce, after all, marks a new beginning, and former spouses may be happy to put behind them the emotional pain they suffered during the marriage and the divorce process. They may also feel a weight lifted off of their shoulders, knowing that critical family law legal issues, such as property division and spousal support, have been settled. Despite the relief of initially handling those issues, though, an Illinois resident may find him or herself continuing to deal with divorce legal issues well after marriage dissolution.
Divorce and other family law issues in Illinois are always complex and pockmarked with difficult terrain no matter the circumstances. When it is a high asset divorce involving people well-known in the community and across the country, it is even harder. Everyone, no matter their situation, needs help with the variety of family law matters that will inevitably come up. A recent case involving a professional baseball player exemplifies this point.
A common issue in dispute in Illinois family law is visitation of children for people who are not the parents. This delves into the delicate family law issues surrounding grandparents' rights, siblings' ability to visit and stepparents' rights, among others. The law has certain criteria when it decides if visitation should be granted to a non-parent. The guardian of the child and the prospective visitor must understand these laws if they are moving forward with a case to have visitation.
A common problem in a dispute over child support in Illinois is if a supporting parent fails to make the payments on time and in full for any reason. Delinquent child support is a constant issue that can result in a litany of penalties including jail time. There is rampant disagreement as to whether putting a supporting parent in jail is an actual deterrent and does any good. Another issue is if the father is in jail for another reason, should the child support be ongoing even if he has no means of paying it while incarcerated?
Sometimes the most basic family law issues in Illinois are the most confusing and complicated. Child support and the amount that is ordered to be paid is a situation that is frequently problematic for the supporting parent and the custodial parent. Understanding how child support is calculated is imperative. The amount that is to be paid is contingent on the net income of the noncustodial parent and the number of children he or she has.
Illinois parents who are paying or receiving child support often wonder whether the amount can be changed and how to go about doing so. This is one of the most common family law issues that is in dispute. Both the custodial and the supporting parent should understand that it is possible for there to be a child support modification. There are certain criteria that must be met to modify the order.
In our previous post, we began looking at some of the factors family courts consider when making child custody decisions. As we noted, judges have broad discretion to consider any factor relevant to the best interests of the child. Special consideration is given, naturally, to factors relating to the safety and welfare of the child.
Child custody is one of the—if not the single—most stressful issues parents have to deal with in divorce. Parents, of course, want to continue to be a part of their children’s lives even if their marriage fails, and the research shows that maintaining a close relationship with parents after their divorce can help mitigate the negative effects of divorce on children.