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Kane County child support lawyer for modificationsThe loss of a job can cause significant difficulties, regardless of your situation. However, if you are a divorced parent who pays child support, a sudden and unexpected loss of income can not only affect you, but it may cause difficulties for your ex-spouse and your children. If you find yourself in a situation where you may be unable to meet your child support obligations, you will need to determine how to proceed. It is important to understand your options for seeking a modification of the amount you will be required to pay. By addressing this issue correctly, you can avoid legal issues such as penalties for non-payment of support, and you can put solutions in place that will allow you and your family to maintain financial stability.

Understanding Your Child Support Obligations in Illinois

A child support order put in place in family court must be followed. Even if you do not have the ability to pay the amount owed, you will be legally obligated to do so until the court issues a new order modifying your obligations. All amounts owed must be paid in full, and if you fall behind on payments, interest will be applied until what is owed is fully paid. Continued non-payment of child support could lead to other penalties. If the court determines that you have wilfully refused to pay the amounts owed, you could be held in contempt of court, which could lead to fines, the suspension of your driver's license, and even imprisonment. Because of these issues, it is crucial to take immediate action to address any issues that could affect your ability to meet your obligations.

Seeking a Modification of Child Support

If you lose your job or face financial hardship, you may petition the court to modify your child support order. Modification requests may be granted if you can demonstrate a significant change in circumstances. The loss of a job will usually qualify as a significant change, although the reason for your job loss may be considered. That is, if you were laid off because of downsizing, the court will be more likely to look favorably at your situation and help you determine how to proceed as you seek a new job. However, if you were fired for misconduct, or if you quit your job voluntarily, you may not be granted a modification, and your child support obligations may remain in place.

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DuPage County parenting agreement attorneyThere is no question that divorce can be very challenging. However, the divorce process can be especially difficult for parents who will need to make major changes in their lives, address financial concerns, and protect the interests of their children, all while dealing with the strong emotions that come with the end of a marriage. One of the most crucial aspects of any divorce involving children is a parenting plan. This is a legal document that outlines the ways in which parents will share parental responsibilities and address child-related concerns after their marriage has ended. For Illinois parents who are going through the divorce process, it is essential to understand what will be included in their parenting plan.

Required Elements of a Parenting Plan

Within 120 days after a divorce or child custody case begins, parents are required to submit a proposed parenting plan to the court. In most cases, parents will negotiate with each other to create an agreed parenting plan, and after this plan is submitted, it will be reviewed by a judge. If the judge determines that the plan provides for the best interests of the couple's children, the plan will be approved. However, if parents encounter disputes about the terms of their parenting agreement, they may each prepare and submit a plan that details how they believe different issues should be addressed. A hearing or trial may then be held to determine how the differences between the two plans will be resolved.

A parenting plan must address a variety of issues, including:

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b2ap3_thumbnail_shutterstock_141243286-min.jpgIncome, real estate, vehicles, and most other assets a spouse acquires during a marriage are included in the marital estate. During an Illinois divorce, the spouses will need to divide this marital property. The asset division process may involve deciding who will keep the marital home, determining how to divide bank account balances and retirement funds, splitting up personal possessions, and more.

Conflict and disagreements during the property division process are common. In this blog, we discuss the basics of property division in Illinois and the options divorcing couples have when resolving property division conflicts.

Negotiated Property Division Settlements

Although many people assume that the court always makes decisions about how to divide property in a divorce, most divorcing couples are able to negotiate a settlement. If the spouses are able to communicate effectively and negotiate in good faith, they may usually work out an arrangement regarding property division.

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wheaton sexual harassment lawyerState and federal law prohibits sexual harassment of employees. Unwanted sexual or romantic advances, explicit conversations, derogatory remarks, and discrimination against an employee on the basis of gender are just some of the ways in which sexual harassment can manifest itself in the workplace. If you have been sexually harassed at work, it’s important to protect your rights and take action. Here are some steps you can take:

Document Everything That Was Said and Done

Keep a written log of any instances of harassment and note dates, times, locations, witnesses, and details of what was said or done. Make sure to save any emails, letters, voicemails, or other evidence that is relevant to the harassment.

Report the Harassment

Don’t be afraid to speak up if you have been sexually harassed at work. Make sure to report the harassment in writing, via e-mail,  to your supervisor, human resources department, or other designated representative. In some cases, you may be required to fill out a formal complaint form or incident report. Check your employee handbook for instructions on how to report sexual harassment or discrimination at your workplace, and always keep a copy of the report.

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b2ap3_thumbnail_shutterstock_2151129353-min.jpgMost television shows and movies would have you believe that divorce cases always involve a courtroom trial. In reality, divorce cases rarely make it to trial. It is certainly possible that a divorce case is resolved through a trial, but much more often, the spouses are able to negotiate a settlement.

Sometimes, the spouses are able to reach a settlement through mediation or by simply discussing the relevant divorce issues. In contested cases, a settlement is often reached through the spouses’ respective attorneys. The end result of a successful settlement negotiation is a Marital Settlement Agreement outlining the determinations regarding property division, child support, spousal support and child custody.

Marital Settlement Agreements in Illinois

Reaching a settlement is highly preferred over going to trial. Divorce trials are expensive, stressful, and public. Most people want to avoid divulging personal or financial information to the general public. Furthermore, by their very nature, trials are adversarial. This can be especially problematic if the divorcing spouses share children and will need to continue being involved in each other 's lives. Negotiating a settlement during a divorce case is not easy, but with the right legal support, it is possible in most cases.

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