In addition to providing our clients with effective legal representation as they address family law issues or respond to sexual harassment that has affected them in the workplace, the team at Mirabella, Kincaid, Frederick & Mirabella, LLC works to make sure people can be informed about these topics. By providing information about how people may be affected by these legal issues and what steps they can take to protect their rights with the help of an attorney, we hope to ensure that our readers will be prepared to address divorce and family law concerns or protect against employment discrimination or wrongful termination. Our most popular blogs for 2023 included:

1. How to Handle False Allegations of Child Abuse Made Against You - Unfortunately, there are some situations where parents may be falsely accused of abuse or domestic violence during a family law case. We look at how parents can respond to investigations by the Department of Children and Family Services (DCFS) and take steps to protect their children’s best interests when addressing issues related to parenting time.

2. Male Victims of Sexual Harassment Often Face a Unique Set of Challenges - This blog looks at why men may be hesitant to report sexual harassment, how they can keep records to show that harassment has occurred, and what remedies may be available to address quid pro quo harassment or hostile work environment harassment.

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Parenting cases will involve a variety of complex legal issues, and disputes between parents can sometimes be difficult to resolve. However, these matters can become even more complex when substance abuse is involved. The safety and well-being of children is always the primary concern for the court when determining how parents will share parental responsibilities and when children will spend parenting time with each parent. In cases where a parent has a history of substance abuse, it is important to understand how this issue may impact the outcome of parenting proceedings. An attorney with experience representing clients in contentious family law cases can help ensure that children’s best interests will be protected in these situations.

The Impact of Substance Abuse on Parental Fitness

In any case involving parenting matters, the court will evaluate each parent's ability to provide a safe and stable environment for their child. Substance abuse can raise serious concerns about a parent's fitness to care for their child. Courts will consider factors such as:

• The extent of the parent's substance abuse problem, including any history of violent behavior or child endangerment while intoxicated.
• Any criminal history related to drug or alcohol use, including whether a parent has been involved in frequent drug or alcohol-related incidents or arrests by law enforcement.
• Evidence of neglect or harm caused by substance abuse.
• Whether a parent has demonstrated an inability to fulfill their parental responsibilities due to substance abuse.
• Past attempts at treatment or rehabilitation and the likelihood of a relapse. 

If there is substantial evidence that a parent's substance abuse impairs their ability to adequately care for their child, it may result in restrictions on parenting time rights, or the other parent may even receive sole parental responsibilities of the couple’s children. A court may require a parent with substance abuse issues to complete mandatory drug or alcohol testing before they will be allowed to have parenting time, attend counseling, or therapy programs, or comply with other court-ordered conditions. 

Divorce can be a challenging and emotionally taxing experience for all parties involved. Unfortunately, children can sometimes be caught in the middle of conflict between parents. Disagreements about how issues related to children should be handled can sometimes escalate into serious conflicts, potentially exposing children to arguments and hostility. However, as parents take steps to put parenting time schedules in place that will allow them both to maintain ongoing relationships with their children, they will want to focus on what is best for their children. 

When negotiating a parenting plan and resolving disputes related to child custody, an experienced attorney can provide invaluable help. With representation from a skilled lawyer, a parent can not only protect their rights, but they can make sure any agreements they make will be legally sound, and they can put solutions in place that will help them minimize the potential emotional harm contentious divorce can have on children.

Focusing on the Best Interests of the Child

Going through a divorce can be difficult for anyone. The end of your marriage will not only affect your personal life, but if you own a professional practice, it can also have significant consequences for your business and your career. If you are a business owner or hold a professional license, it is important to understand how your divorce may affect these aspects of your life. By working with an experienced attorney, you can ensure that these issues will be addressed correctly, and you can take steps to protect your financial interests and avoid problems in the future.

Financial Implications

One of the most immediate concerns in any divorce is the division of assets and liabilities. If you own a business or have valuable professional assets, such as patents or trademarks, these may be subject to division between you and your spouse as part of the property settlement. Under Illinois law, all marital property that you acquired during your marriage, including a professional practice that you founded, must be divided fairly and equitably between you and your spouse.

In some cases, the requirement to divide marital property could mean having to sell your business. This can be particularly challenging if you have spent years building up your practice and do not want to see it dismantled. To make sure you can protect your professional practice and continue working in your chosen career, it is crucial to work with an experienced divorce attorney who understands the complexities of dividing businesses and professional assets.

Child support is a critical aspect of ensuring the well-being and financial stability of children whose parents are no longer together. However, circumstances can change over time, including changes in income for one or both parents. When these changes occur, it may be necessary to modify child support payments to reflect the new financial reality. In these situations, determining when modifications may be appropriate, what calculations will be used to determine the correct amount of child support, and how to address any disputes that may arise can be a complex process. An experienced attorney can provide invaluable guidance in the cases, advocating for solutions that will protect children’s best interests while ensuring that parents can maintain financial stability.

The Basics of Child Support

In most cases, child support is determined by statutory guidelines that take into account factors such as the income of both parents and the needs of the child. The court will consider each parent's net income, as well as any applicable deductions, when calculating an appropriate amount that should be paid to address the basic needs of the child, including food, shelter, and clothing. Parents may also need to determine how they will collaborate to address other expenses required to meet their child’s needs, including the costs of education, healthcare, and childcare.

Grounds for Modification of Child Support

If circumstances have changed since the initial child support order was issued – such as a significant increase or decrease in either parent's income – it may be possible to seek a modification. Generally speaking, courts will only grant modifications if there has been a significant change that has made the original order unjust or inappropriate.