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Tag Archives: children of divorce Kane County

Kane County family law attorneysWhen parents get divorced or are unmarried, one parent may be required to pay the other child support in order to share the costs of raising the child. Child support payments can be a considerable expense and sometimes parents may have trouble paying child support. Children have a legal right to receive financial support from both of their parents. If a parent is ordered to pay child support and he or she fails to make payments in full and on time, he or she can face serious civil and even criminal consequences.

Requesting a Child Support Modification

When the court issues a child support order, it is intended to be fair and reasonable based on the parents’ financial circumstances and the child’s needs. However, sometimes those circumstances change and the parents need to change their child support order. In order to be granted a modification to your child support order, you must file a petition for modification with the court. A modification may be granted if a party can show that there has been a “substantial change in circumstances.” Examples of a substantial change in circumstances include:

  • A significant increase or decrease in either parent’s income including a parent losing his or her job
  • A significant change in the needs of the child such as increased medical expenses
  • There has been a major change in parenting time or child custody arrangements
  • The payor parent has experienced a significant increase in his or her cost of living
  • One of the parents has remarried

Only future child support payments can be modified through a petition for modification. Payments that are past due must be paid in full based on the previous amount established. 

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Kane County family law attorneysIf this is your first holiday season as a recently separated or divorced parent, you may understandably feel upset and disappointed. Holidays are simply not the same without the familiar sounds of children laughing and having fun. Parents may argue about which parent will spend which holiday with the children because they simply do not want to miss the experience. While there is no way to eliminate the pain of missing your children, there may be a way for you and your child’s other parent to work out a holiday parenting time schedule that works for both of you.

Put Holiday Parenting Time Arrangements in Your Parenting Plan

If you plan to get divorced in Illinois, you will be asked to create a parenting plan or parenting agreement. The agreement must include several provisions that detail how parental responsibilities and parenting time are divided between the parents. You will also want to include information about where the children will spend the major holidays. Some parents choose to split the holidays between them. For example, one parent may have the children on Thanksgiving and the other has the children on Christmas. Other parents decide to make a rotation schedule so that parents spend certain holidays with the children every other year. The most important thing is to decide on an arrangement as soon as possible so that you can avoid having the same argument about where the kids will spend holidays every year.

Change the Way You Think About Holidays

It is completely reasonable to be sad if you do not get to see your children on special days. However, it is important to remember that you can make any day special. Some divorced parents choose to create a new holiday tradition with their kids. For example, you may decide that even if you do not have your children on New Year’s Eve for the midnight countdown, that you will start a new tradition of going on a special trip at the beginning of every new year. Children are very perceptive, and they often pick up on their parent’s anxieties. Being flexible and having a positive attitude about the holiday season will not only lessen your stress, but it will also lessen your children’s stress as well.

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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