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Posts tagged "Family Law"

What if a parent owing child or spousal support is unemployed?

For Illinois parents, one of the most important obligations they have after a divorce is to pay the child support or spousal support they owe. For the receiving parent, the payments are needed for upkeep and necessities. For various reasons, there are sometimes problems keeping up with the payments. One is if the parent who owes support is unemployed. This is a difficult circumstance, but the law addresses it directly. For the parent who is confronted with this issue and the parent who is supposed to be receiving the support payments, it is important to understand how this will be handled.

Should I fight my premarital agreement in a divorce dispute?

In many marriages in Illinois, the couple will have a premarital agreement - also referred to as a prenuptial agreement - before they get married. This is true in a high asset situation or one of more modest means. It is a protective device in the event of a divorce. Unfortunately, many marriages do end in divorce and the premarital agreement comes to the forefront. Often, however, many spouses who signed the agreement would like to have it declared null and void. Knowing when this is possible is critical in any dispute. When confronted with these difficult family law issues, legal help is essential.

Illinois fathers again seek change to state custody laws

There has long been a worry that fathers were viewed in a secondary manner in Illinois child custody cases. Since mothers will often be given custody with the father getting visitation rights as a noncustodial parent, many deemed this as unfair. Fathers who are thinking about this and want to make certain they are given an opportunity to have custody or equal custody, it is important to keep track of developments in family law issues and to have legal advice to state their case successfully.

How is the amount and duration of spousal support determined?

Illinois couples who are getting a divorce will frequently be in dispute over a litany of issues. Family law can be a complicated matter with many concerns for both parties. When one spouse is ordered to pay spousal support - also referred to as alimony or maintenance - the amount that will be paid and how long it will last are common worries. On the other side of the coin, the receiving spouse will want to know how much he or she will receive and its duration. Understanding what the law says about this is a fundamental part of a case. So too is having legal advice throughout the process.

What guidelines are used for child support in Illinois?

When a couple in Illinois ends a marriage, they must consider how they will handle child support. It is important to have a grasp on what state law says about the process in which it is calculated. All parents will agree that support for their children is an integral point that should not be ignored. However, there are frequent disagreements as to the amount that must be paid. The goal of the guidelines is to have a basis of what will be paid. This is to avoid dispute and make the process as reasonable for both sides as possible. However, there can still be disagreements about support. Having legal advice is imperative in these cases.

Family law issues require experienced Illinois legal help

When an Illinois couple gets married, the goal is that they will have a family and remain together to achieve a happy life. For many, this is the result and they enjoy their lives together battling through inevitable disputes and keeping their marriage intact. For others, however, the issues become too much, and they decide that a divorce is the best course of action. Some divorces are amicable, while others are contentious. Most end up somewhere in between.

A new year means a rise in family law issues and divorce

Many people throughout Illinois will view the new year as an opportunity for a fresh start. It can also include drastic changes, such as deciding to end a marriage. Whether it is a high asset divorce or one of more modest means, the foundation of a dispute can vary and spark one or both spouses to take the necessary steps to end the marriage. While family law issues are generally perceived to have no specific time and date at which they reach their apex, statistics show that certain times in the year have more divorces than others. January is one such time with "Divorce Day" part of the lexicon.

Does Illinois family law allow a joint simplified dissolution?

The prevailing opinion of a divorce is that the couple will be in dispute over every single issue and the case will take extensive time to complete. While that is true in some cases, not all divorces are so acrimonious. Many couples simply determine that their family legal issues cannot be repaired and they are better served to move on. There is no major disagreement and they have decided to part ways as cleanly and quickly as possible. It is in these cases where a joint simplified dissolution might be the preferred option.

What warrants family legal issues with failure to support?

When there is an order for a former spouse to pay spousal support, a parent to pay child support or both in Illinois, it is a legal obligation for the supporting spouse to make the payments on time and in full. When these payments are not made, there is the likelihood that a non-paying spouse or parent will face charges of failure to support. Understanding the law and when there will be a failure to support charge is critical to dealing with these family legal issues.

What is non-marital property in Illinois property division?

When an Illinois couple prepares to get a divorce, there are many issues that will be in dispute. Obviously, at the forefront will be children, custody and parenting time. Spousal support will be an important consideration as well. As with any marriage, there will be property that the couple owns. This can be a topic for rancor and disagreement. As they move forward to part ways, it is inevitable that there are items that both sides will want. Understanding what is marital property and non-marital property is key as this is often the determinative factor in who gets what. Marital property is that which the parties acquired after they were married. This includes any debt or obligation.

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