Tag Archives: family law in Kane County

Kane County family law attorneyThe decision to award spousal maintenance following a divorce is one that must be considered very carefully by the court. Sometimes called alimony or spousal support, maintenance is used to lessen the financial impact of the dissolution, and to provide a measure of security for the future. The law in Illinois—and therefore the courts—presume that, if you are awarded maintenance, it should only continue as long as the need for it still exists.

Terminating Factors

When you are receiving spousal support, you probably have some idea of how long the order is scheduled to remain in effect. It may be intended to last a number of years, or indefinitely if you were married for a long time. However, what you may not realize is that the applicable law in Illinois includes provisions that allow maintenance to be terminated early. According to the Illinois Marriage and Dissolution of Marriage Act, an order for maintenance may be terminated upon the death of either party, which, of course, is reasonable enough. It also specifies that your support may be ended if you get remarried. Finally, it permits the termination of your maintenance if you cohabit “with another person on a resident, continuing conjugal basis.”

Not Just Roommates

So the real issue then becomes what exactly “resident, continuing conjugal basis means.” Does is simply mean you spend several nights a week with a new romantic partner? What about moving in with a roommate? While the actual law itself does not provide a great deal of clarification, case law around the state has set a precedent for terminating maintenance because of cohabitation.

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Kane County child support attorneysChild support payments help unmarried or divorced parents share the costs of raising a child. If you are a parent considering divorce or you have already decided to end your marriage, you probably have questions about how child support will work. Major changes to the way in which support payments are calculated in Illinois took effect in July of 2017. If you are wondering how much child support you will be required to pay or you want to estimate the child support you will receive, read on to learn more.

Which Parent Pays Child Support?

If you are like many parents, you may assume that child support is reserved for situations in which one parent has all or almost all legal custody of a child and the other parent is uninvolved in the child’s life. However, you or your spouse will be required to pay child support even if you decide to have joint custody of your children. Illinois law uses the word “parental responsibility” to refer to what we commonly think of as custody and “parenting time” to mean visitation. One parent will have the majority of parental responsibility and parenting time. This parent will be the recipient of child support while the parent with less parenting time will be the payor.

What Factors Influence Child Support Amounts?

There are many different factors which will determine the amount of child support that a parent pays. Illinois uses the income shares model of child support calculation. Both of the parent’s net income is taken into consideration in order to determine the amount of child support each parent is responsible for. Extra costs such as childcare and health insurance expenses are also considered. If a parent already has a child support obligation from a previous relationship, the amount of support he or she already pays is taken into account for purposes of the child support calculation. If each parent has the child at least 146 overnights a year, the time that each parent spends with the child is factored into the child support calculation as well.

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Kane County family law attorneySharing parental responsibilities and parenting time of children with an ex-wife or ex-husband can be difficult, but it is worth the effort. Multiple studies show that children thrive when they have love and attention from both of their parents. If you are recently divorced or soon will be, you may have concerns about how you and your child’s other parent will manage sharing parental responsibilities. While there is no right or wrong way to share parenting responsibilities, there are certain things you can do to help minimize disagreements and misunderstandings between you and your ex. 

Consistent Rules for Both Households Can Minimize Confusion and Tension

Understandably, you and the other parent probably do not share the exact same philosophies and methods regarding parenting. One parent may be much stricter when it comes to the household rules while the other parent allows children to do whatever they want more often than not. Perhaps you want your children to be responsible for certain chores like cleaning up the dinner dishes or folding laundry while your ex does not expect the children to help with any household responsibilities.

Having two separate sets of rules to follow can be confusing for children and can lead to unnecessary friction between the adults. Many experts suggest that divorced parents try to keep consistent rules between the two homes. While this is not always possible, sitting down with your ex and deciding on the house rules, bedtime, and homework procedure your child should follow can make co-parenting go much more smoothly. Even more importantly, this helps the child feel more secure and less confused about what is expected of him or her at each house.

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