Family Law & Divorce
Child Related Issues
What If My Former Spouse Does Not Use the Child Support For Our Children? Can I Demand an Accounting?
If you suspect that your ex-spouse may not be using your child support payments for your children's expenses, there cannot be any request of accounting of your ex-spouse's finances. Unfortunately, you cannot try reveal how the money or where it was spent. For decades, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped clients with cases such as these and can explain why laws like this are in place.
According to the Illinois law, when the court determines how much child support you will be paying, the guidelines state that the amount will be the minimum. This means the minimum is calculated based on what is considered adequate care for your children. Included in this care is food, clothing, housing, and any other necessities that may arise.
Since you are only paying the minimum, there is no accounting required by your ex-souse on how every dollar is spent. This is due to the fact that the number one priority of the court is that your children are given adequate care from you and/or your ex-spouse. If you believe you should have your child support payment amount changed for any reason, that is something our attorneys can address with a post-decree modification.
It may be tough to see your ex-spouse seemingly spend money on something not intended for your children. At MKFM Law, our lawyers are here to ensure that your child's rights are protected. If you would like us to explain more about the laws involving your Illinois child support payments, or anything else regarding your divorce, please contact us. Call today at 630-665-7300. With offices located in Wheaton, Illinois, we have helped clients with divorces throughout DuPage, Kane, and Kendall Counties. Set up a consultation with our skilled team as soon as possible.
What Does Irreconcilable Differences (I/D) Mean in Illinois?
The definition of irreconcilable differences, or I/D, is when the marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is now the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in a marriage so that you may petition for divorce.
In order to show that irreconcilable differences is a valid reason to end your marriage, you must prove that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses tries to challenged. However, usually if one person wants the divorce, it will most likely be granted by the court.
There are certain presumptions for couples who have been separated for a certain period of time. Though it is not required by law, if a separation has lasted for at least six months, it shows irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separate for any length of time for their divorce or petition for divorce to be given.
If you have any questions or concerns in regards to petitioning for divorce, please feel free to contact our office at MKFM Law. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.
Will My Child Have to Help Pay for College Expenses in Illinois?
Preparing to pay for a child's college education can be a daunting task to prepare for, especially following a divorce. Depending on the costs of the school they attend, your child may also be required to help you and your spouse with college expenses. We here at Mirabella, Kincaid, Frederick & Mirabella, LLC, will help navigate the process for you and your child and assist you in determining how you will both be impacted financially.
When the court is deciding how much you and your spouse will pay, it factors in your child's financial situation too. However, what does the court mean by your child's "financial situation"? It does not refer to whether or not your child is currently employed. Also, it is important to remember that Illinois law does not give your child a free ride through college. The court expects children to apply for financial aid and take as many opportunities as possible to help keep costs down for parents in order to reduce the family's financial strain.
The court will also look at the following possible financial resources:
- Your child's savings accounts;
- Any trust accounts they may have;
- Scholarships they earn;
- Grants; and
- Financial aid.
If your child has been accepted to a school that they can commute from the home, it can make a major difference in paying college expenses. When factoring in the finances for both parents, the court will also consider the child's living expenses. This will help distribute a realistic cost amount for your child's utilities, transportation, and food.
If you would like to discuss with one of our attorneys at MKFM Law, we can answer any other questions in an initial consultation. If you live in DuPage County, Kane County, or Kendall County, you may contact us at 630-665-7300 to set up an appointment. We look forward to hearing from you and assisting in this process.
Will My Spouse Be Required to Get a Job After Our Illinois Divorce?
When an Illinois divorce has been completed, the court can require you to impute some income to your spouse based on however much you were going to earn if you were employed at the time. Cases do vary in these circumstances, however, but the team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand the process.
If you are required to impute income to your spouse, it can have a deadline. Often in cases, the spouse receiving the money will have obligations to find and establish employment in order to become financially stable. If your spouse is unemployed by choice, the imputing income can directly affect the amount of spousal maintenance he or she may be given. If your spouse does not demonstrate a profound effort in attaining acceptable employment, it may become a basis to have their maintenance payments terminated.
There are exceptions that arrive in certain situations. For example, it may not always be possible for one of the spouses to become self-supporting or live the same standard they had experienced during the marriage. Illinois courts can then award long-term permanent or permanent maintenance. This may be due to a spouse being disabled to the point that they cannot live on only a smaller income they are earning. Courts have also in some cases ruled for a spouse to receive permanent alimony.
At MKFM Law, we are here to make sure you are covered for any issues that may arise if your spouse is not doing their part to find employment. Please contact us if you have questions about spousal maintenance awards and divorce. Schedule a consultation with any our attorneys by calling 630-665-7300. Our office is located in Wheaton, Illinois. We have served families for decades throughout many different counties including DuPage County, Kendall County, and Kane County.
How Much Parenting Time (Formerly Called Visitation) Will I Receive in Illinois?
The first question most parents ask when going through their divorce is: "How much time will I be allowed to spend with my children?" Our team of DuPage County attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you explain what you need to know. What used to be called "visitation" is now referred to as "parenting time," along with other law changes.
In Illinois, there is no law on the minimum amount of parenting time. The allotted time varies on a case-by-case basis, but there are some typical examples. Time for a parent that is not considered the parent with the majority of the parenting time generally alternates weekends. The weekends start from Friday morning until Sunday evening. In some cases, the parent may also receive one or two evenings during the week for dinner with the child. Each family's specific needs are different but extended time is also allowed for periods where the child has school off such as holidays, school breaks, or the child's birthday.
When deciding who is awarded majority parenting time with the child, the court judges based on the best interest of the child. While coming to this conclusion, the court will look over some of the following factors:
- The wishes of the child, depending on your child's age, maturity and education;
- You and your spouse's wishes;
- What the adjustment will be for the child in regards to schooling, their home, and community;
- The physical and mental health of you, your spouse, and your child;
- If either parent has any past or ongoing acts of violence against the other parent or your child; and
- How willing you and your ex are willing to encourage a close ongoing relationship between your ex-partner and the child.
The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC are eager to help you with all the questions you may have. Contact us to set up an initial consultation at 630-665-7300. If you have recently divorced and are working on finding out how much parenting time you are entitled to, visit our Wheaton, Illinois, office. We have helped families throughout DuPage County, Kendall County, and Kane County for generations.