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DuPage County spousal maintenance lawyerIn the state of Illinois, family law encompasses a wide range of legal matters related to marriage, divorcechild custody, and other related concerns. Financial issues will be some of the most important aspects of many divorce cases, and in some situations, one spouse may believe that they should receive alimony payments from their former partner. Alimony is known as spousal maintenance under Illinois family law, and it will typically consist of monthly payments made for a certain period of time after the end of a couple’s marriage. When determining how to address maintenance during your divorce, an experienced attorney can provide guidance on how Illinois law will apply in your situation.

Understanding Maintenance in Illinois

Maintenance is not automatically granted in every divorce case in Illinois. The purpose is to ensure that both spouses will have sufficient financial resources to meet their ongoing needs and maintain a standard of living that is close to what they enjoyed while they were married. A person who requests spousal maintenance from their former partner will typically need to demonstrate that ongoing support is needed to ensure that they can cover ongoing expenses and avoid financial difficulties. 

A family court judge may consider various factors before awarding maintenance, including:

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Stay-at-home parentEvery divorce has its complications, but some cases may require spouses to address complex financial issues and other concerns that may affect them and their children. In some cases, one spouse may have been primarily responsible for caring for the couple’s children and managing the household, and they may not currently work full-time. A stay-at-home parent may focus on family responsibilities, and the other parent may be primarily responsible for earning the income needed to cover family expenses. 

In these situations, the end of a marriage can bring significant changes and uncertainties. A couple will need to resolve a number of legal and financial concerns, while also making decisions about how they will share custody of their children. For both stay-at-home parents and spouses who work full-time, an attorney can provide guidance and legal representation to make sure their interests will be protected during the divorce process.

The Financial Impact of Divorce on Stay-at-Home Parents

Some of the most immediate concerns for stay-at-home parents facing divorce will be related to financial matters. Without their partner's income to rely on, a parent who does not work full-time may suddenly find themselves without a source of financial support. This can be especially daunting for a person who has been out of the workforce for an extended period. They may worry about whether they will need to return to work and how they can make sure their children’s ongoing needs will be met, and they may also be concerned about their ability to support themselves without recent work experience.

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Illinois sexual harassmentSexual harassment is a prevalent issue in many industries. It can affect a person’s ability to perform work-related duties, and it can also cause a great deal of emotional and psychological distress. Sexual harassment by a supervisor or a person in a position of authority can also affect a person’s career, especially if they experience retaliation for reporting inappropriate behavior. If you have experienced sexual harassment, it is important to know your rights and take appropriate action. However, there are certain things that you should avoid doing in order to protect yourself and ensure the best possible outcome for your case. With the help of an attorney, you can determine your best options, and you can take steps to protect your rights and interests.

Some things you should not do if you have been the victim of workplace sexual harassment include:

Delaying Reporting Incidents of Harassment

One of the biggest mistakes people make after experiencing sexual harassment is failing to report incidents in a timely fashion. It is crucial to report any form of harassment as soon as possible so that proper investigations can be conducted, and evidence can be preserved. Reporting sexual harassment via e-mail to your company’s human resources department or a supervisor or manager can ensure that proper steps will be taken to prevent sexual harassment in the future. Waiting too long may weaken your case or even result in a loss of legal options due to statutes of limitations.

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Illinois child supportChild support is a crucial issue in many divorce and family law cases. It helps ensure that children's financial needs will be met after their parents separate. In the state of Illinois, child support orders are designed to address various expenses related to raising children. To understand what considerations may affect the calculation of child support and what expenses will need to be addressed, a parent can work with an attorney who has experience representing clients in family law cases.

Determining Child Support in Illinois

In Illinois, child support determinations are made based on what is known as an “income shares” model. The calculation of child support obligations will take both parents' incomes into account, and the costs involved in raising children will be divided proportionally between the parents based on their respective levels of income. In many cases, the parent who has the majority of the parenting time will receive child support payments from the other parent. However, in cases where parents share equal or near-equal amounts of parenting time, or have at least 146 overnights, additional calculations are required to divide child support obligations based on the amount of overnight time children spend with each parent. 

Courts may consider several factors when calculating child support, including:

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Parental Relocation IllinoisChild custody cases can be complex, and they will involve a variety of legal issues, financial concerns, and other factors. These issues will determine how parents will make decisions for their children, where children will live, and how parents will share the costs involved in providing for their children’s ongoing needs. If one parent wishes to relocate with their child to a new home in a different city or state, they will need to follow certain procedures, and modifications to child custody orders may be required. 

In Illinois, parental relocation laws have been established to address these situations. Courts will take steps to protect the best interests of the child while also considering the rights of both parents. If you are planning to move with your child, or if your ex has informed you of their plans to relocate, it is important to understand what procedures will be followed and how you can address requests to modify child custody. An experienced attorney can provide guidance on how to protect your parental rights and resolve any disputes that may arise regarding parental relocation.

When Is a Move Considered Parental Relocation?

A parent will generally be allowed to move short distances, and no approvals or modifications may be required if they will be living in a new home within the same general geographic area. However, moves beyond a certain distance are considered to be relocations that will require court approval. Under Illinois law, the following types of moves are considered to be parental relocation:

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree