Category Archives: Kane County Blog

Kane County family law attorneyThe lazy days of summer are coming to an end, and many families are preparing for a new school year. Getting back into the swing of school after summer break can be especially chaotic for families who have experienced a major change like a divorce or separation. Who will buy the backpacks? Who will pick up the kids after school? How will parent-teacher communication work? Every situation is different but there are some steps parents can take to help ease the transition from summer to the school year.

  1. Let your child’s teacher know about the family circumstances. If you and your ex have recently separated, you may be unsure how to make sure both parents stay in the loop regarding homework, projects, and special events. Letting the teacher know that your child splits his time between two households helps the teacher accommodate the situation. Make sure the school has both parents’ contact information. Also let the school know if any other adults like step-parents will be picking up the kids after school;
  2. Cooperate with your ex. After a separation, your ex is probably the last person you want to talk to or be around. However, if you share children you will have to communicate about transportation, school vacations, and purchasing school supplies. If there is a lot of tension between you and your ex-spouse, texting or email may be better than face-to-face conversations or phone calls;
  3. Be willing to split costs. Many divorced parents decide to split the costs of school supplies or fees. Decide who will buy what in advance so that your child will be prepared and ready to learn on the first day. Keep in mind that having duplicates of certain items is not a bad thing, especially if your child will be working on school projects and homework in two homes;
  4. Attend parent-teacher conferences and meetings together. Even though you and your ex are no longer together, you are still your child’s parents. Attending meetings together ensures that you are both on the same page about your child’s performance in school. Going together also sets an example of teamwork for your child; and
  5. Use a shared calendar to organize transportation. There are many apps and programs that parents can use to assign drop-off and pick-ups. Apple Calendar and Google Calendar both have a sharing function. Other family-planning apps include Cozi, Two Houses, and OurFamilyWizard are available for mobile devices.

An Attorney Can Provide Guidance

Your family’s transition from summer to school probably will not go perfectly—but that is understandable. Hopefully, with a little flexibility and teamwork you and your child will have a fun and successful school year.

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Kane County family law attorney

Sometimes, a marriage is doomed from the beginning for one reason or another. Some couples may find a glaring incompatibility, while others discover that their marriage is void (or voidable) as a matter of law. While, in theory, any married couple can file for divorce, in some cases, it may be easier or more fulfilling to obtain a declaration of invalidity of marriage in Illinois—especially if there is a legal impediment to your marriage and not just personal differences.

Grounds to Claim Invalidity

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Kane County child support attorneysMajor revisions have been approved to the way that child support is calculated by courts in Illinois. The topic has been the center of debate for a number of years, and many believe the change is long overdue. Effecitve July 1, 2017, there is an entirely new method of determining how much a supporting parent is required to pay.

What Is New About the Law?

The law, which took effect on July 1, amends the existing “percentage of obligor’s net income” methodology for child support calculations. Critics have long maintained that such a model is too static, one-sided, and outdated. Under the new law, Illinois will begin using the “income shares” model that is presently in use in many other states.

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Kane County family law attorneyWhile parents all want to do what is best for their children, including allowing their voices to be heard, sometimes their wishes are not what is in their best interest. Depending on the circumstances, this may also prove to be the case in divorce and parental responsibility proceedings. In many instances, a judge will consider a child’s wishes regarding which parent they live with, but a child’s wishes are not the deciding factor.

What Does the Law Say?

Illinois law holds that a child’s wishes regarding residential living arrangements can be taken into account as long as the child’s “maturity and ability to express reasoned and independent preference” is appropriately considered. In other words, the wishes of a child who is better able to express themselves in a manner consistent with them forming an independent opinion will be given more weight than that of a child who simply parrots their parent or older sibling. Generally, this means that older children’s opinions will have more impact, but this is not always the case. An extremely articulate younger child might very well have a firm grasp on the situation and could, therefore, be taken more seriously.

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Kane County divorce attorneysDivorce can affect couples from all walks of life, even the financially flush. However, when wealthy people decide to end their marriage, the proceedings can differ somewhat from those who have relatively few assets to divide. For a wealthier couple, there will understandably be a more prolonged discovery period, as well as a focus on ensuring that all assets are properly identified and evaluated.

What Is Equitable Distribution?

The primary issue in high-value divorces is that because so much is at stake, each party is more likely to dig in and fight for what they see as their rightful share. In some cases, however, it is not the spouses but the court that decides what is an appropriate distribution. Illinois is an equitable distribution state, meaning that property is not divided 50/50 as it would be in a community property state. Rather, experts help evaluate each asset so that each party may receive a share that is equitable and fair based on the circumstances of the situation.

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Wheaton, IL 60189
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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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