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b2ap3_thumbnail_Untitled---2024-02-27T135945.575.jpgIn many family law cases, child support is a crucial issue that will need to be considered. Both of a child’s parents will have a financial obligation to ensure that their child’s needs will be met. If you are a parent involved in a divorce or child custody case in Illinois, it is essential to understand what expenses child support is intended to cover. An understanding of how child support is calculated and how different expenses will be divided between parents can ensure that these issues will be addressed correctly. As you address issues related to child support, an experienced attorney can provide personalized assistance and representation to help you manage the legal aspects of your case effectively.

Basic Living Expenses Covered by Child Support

Child support in Illinois is determined by the "income shares" model. The formulas used to calculate child support consider the combined income of both parents to ensure that parents will contribute a similar amount of the income they earn toward meeting their children’s needs as they would have if they continued to live together. Basic living expenses covered by child support include:

  • Housing: Rent or mortgage payments, property taxes, insurance, and utilities.

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b2ap3_thumbnail_Untitled---2024-02-09T113538.756.jpgFinancial issues addressed during a divorce can be complex, especially when a couple has a high net worth. In these cases, it is not uncommon for one spouse to attempt to hide assets in order to gain an unfair advantage when marital property is divided. Hidden assets can have significant implications on the outcome of a high asset divorce, affecting everything from the allocation of assets and debts to spousal support and child support. If you suspect that your spouse may be hiding assets, it is essential to work with an experienced attorney who can help you uncover the truth.

The Importance of Full Financial Disclosure

During the divorce process, both parties are required to provide each other with a full financial disclosure. This means that each spouse must disclose all income, assets, debts, and expenses accurately and honestly. However, some people may try to manipulate this process by intentionally concealing or undervaluing certain assets.

This behavior is particularly prevalent in high net worth divorces where there are substantial marital assets at stake. Hidden assets can include offshore bank accounts, real estate investments under different names or entities, undisclosed business interests or partnerships, and valuable collections or art pieces that may be kept secret from the other spouse.

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b2ap3_thumbnail_Untitled---2024-01-30T093625.180.jpgParenting 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. 

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b2ap3_thumbnail_Untitled---2024-01-15T113416.454.jpgGoing 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.

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b2ap3_thumbnail_Untitled---2024-01-02T111051.966.jpgChild custody disputes can be emotionally challenging, and they can involve a variety of complex legal issues. When parents who are going through the divorce process or are no longer in a relationship disagree about how to handle issues related to their children, they may turn to the court system for resolution. However, litigation in family court can be costly and time-consuming, and it can lead to increased levels of conflict between parents. To help avoid these issues, parents may utilize other options as they work to resolve child custody disputes.

Mediation is an alternative dispute resolution process that allows parents to work together with the help of a neutral third party—a mediator—to find mutually acceptable solutions to their child custody issues. An attorney who is trained in mediation and has experience helping resolve family law disputes can help parents work together to reach agreements that will protect their children’s best interests.

The Role of a Mediator

A mediator is not a judge or decision-maker, and they will not take sides or advocate for either parent during discussions of child custody issues. Instead, the mediator serves as a facilitator, helping parents communicate effectively and reach agreements on various aspects of child custody, including parenting time schedules, holidays and vacations, decision-making authority, and any other relevant concerns.

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Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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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