Posted on November 15, 2022 in Divorce

Child support payments are used to cover the cost of a child's housing, food, education, and other needs. However, if one parent is not truthful about his or her income, the child may not receive the full support they need. Illinois child support orders are calculated using the Income Shares method, which takes both parents' earnings into account. Parents who lie about how much money they make inevitably skew the calculations, resulting in an unfair child support arrangement.

Illinois Child Support Calculations

Prior to 2017, Illinois based a parent's child support obligation on the paying parent's income and how many children needed support. For example, if the paying parent (obligor) had two children, 28 percent of his or her income was earmarked for child support.

Recognizing the limitations of this method, Illinois switched to the Income Shares approach in July 2017. The new method seeks to more accurately reflect the amount of financial support a child would have if both parents were still together and sharing costs. Both of the parents' net incomes are added together and then the combined income is compared to the Income Shares schedule, which provides the basic support obligation (BSO). The BSO is the total amount of money that an average family would use to pay for child-related needs. The BSO is divided between the parents based on each parent’s percentage of the combined income. For example, If a father's earnings represent 70 percent of the parents' combined income, he pays 70 percent of the BSO.

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 Posted on November 07, 2022 in Family Law

Prenuptial agreements are rising in popularity. More and more couples are signing prenuptial agreements before they say "I do." Modern couples are realistic. Drafting a prenuptial agreement is not exactly romantic, but it is one of the most responsible decisions you could make before getting married. If you are considering a prenuptial agreement, here are five reasons to get one.

To Protect Your Assets

If you have significant assets, a prenuptial agreement can help protect them in the event of a divorce. When people get married, their finances inevitably become mixed. Any property or money that a spouse earns while they are married is added to the marital estate. If the couple divorces, any property contained in the marital estate is divided between the spouses. With a prenuptial agreement, you can keep your assets separate. This means that in the event of a divorce, your assets will not be considered part of the marital estate and will not be subject to division. You can also use a prenuptial agreement to protect inherited property or gifts from family members.

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 Posted on October 27, 2022 in Family Law

A legal separation does not end a marriage. However, it does allow spouses to make legally binding decisions about child custody, property division, and other issues typically decided on during a divorce. There are several reasons a married couple may choose to seek a legal separation rather than a divorce, including religious beliefs or personal preferences. In some cases, couples may also use legal separation as a way to test whether they want to end their marriage,

If your marriage is experiencing turmoil, make sure you understand the advantages and limitations of legal separation before making a decision.

Basics of Legal Separation in Illinois

When a couple gets divorced, they are no longer married in the eyes of the law. This means that they can remarry if they choose to do so. A legal separation does not end your marriage, but it does allow you to create a separation agreement - a document similar to a divorce decree. Your separation agreement may contain determinations regarding:

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 Posted on October 24, 2022 in Divorce

According to the most recent estimates, there are approximately 5.5 million family businesses currently operating in the United States. Running a family business can be a rewarding experience, but it can also be a challenging one. If you and your spouse co-own a business together and are considering ending your marriage, there are some important things to keep in mind. You will need to plan your divorce carefully to protect your business interests and avoid any potential disputes down the road.

Valuing the Business is Often the First Step

If you and your spouse co-own a business, the first thing you need to do is determine how you will value the business for the purpose of property division. This can be a complex process, as businesses are often worth much more than their physical assets.  You will need to consider the value of the business's goodwill, any intellectual property it may have, and its current and future earning potential.

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 Posted on October 13, 2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

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 Posted on October 06, 2022 in Divorce

Child support obligations in Illinois are based on both parents’ net incomes. For many payers, or “obligors,” child support payments represent a major monthly expense. If someone is already making child support payments to an ex, he or she may worry about how he or she will afford additional child support payments. People in this situation are usually filled with questions. If a parent has children with multiple partners, does he or she pay child support to every partner? How much does he or she pay? These questions can cause great concern for both payers and recipients of child support in Illinois.

Read on to learn how Illinois courts handle child support when someone has multiple families and what you can do if you need help establishing, changing, or enforcing a child support order.

How is Child Support Usually Calculated?

As of July 1, 2017, Illinois uses the Income Shares formula to calculate child support. The parent with less parenting time is responsible for paying child support to the parent with more parenting time. The amount he or she pays is determined by a formula that uses both parents’ net incomes. The basic steps of the Income Shares calculation are as follows:

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 Posted on September 23, 2022 in Divorce

All divorcing couples are required by law to fully and frankly disclose all of their assets (and income, expenses, and debt). Sadly, though, it appears that some individuals simply cannot resist the temptation to steal or lie in order to retain at least a piece of those riches for themselves.

If you suspect hidden assets in your divorce, you may want to work with an attorney experienced in forensic accounting. 

Red Flags for Hidden Assets

Financial red flags might be simple to identify. There is a long list of questionable actions your spouse might take, but here are a few:

• Being extremely controlling with money matters, possibly limiting your access to accounts or statements

• Refusing to explain transactions to you or conducting opaque business

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 Posted on September 16, 2022 in Asset Division

When a divorcing spouse is a doctor, accountant, attorney, or another professional with a private practice, this can heavily influence the property division process during divorce. A professional practice is often considered a marital asset, which means it would be subject to equitable distribution in a divorce. However, there are certain special considerations that must be taken into account when dividing a professional practice. It is important to seek legal counsel early on in the divorce to determine how best to protect your interests.

Spouses May Both Have a Right to a Portion of the Professional Practice’s Value

If a professional practice is considered marital property, both spouses may have a right to the value of the professional practice. This is likely to occur if the practice was opened during the marriage or if the non-owning spouse contributed to the development and growth of the practice. 

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 Posted on September 06, 2022 in Family Law

In July 2017, substantial changes to Illinois child support laws took effect. Instead of determining child support solely on the paying parent's income, child support determinations are now based on both parents' financial circumstances. The changes were made in an effort to make child support calculations more equitable.

Child support is usually calculated using the Income Shares formula.  The Income Shares model estimates the amount of money that would have been available to the child if the family had not been divided by divorce. This approach considers both parents' net incomes to determine a child support obligation. In some cases, however, a court may deviate from the typical calculation method. 

Deviating From the Income Shares Formula

Courts can deviate from the statutory child support formula if the court feels it is in the best interests of the child. In making a determination about whether to deviate from the Income Shares calculation method, courts will consider factors such as:

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 Posted on August 25, 2022 in Family Law

Physical abuse, emotional abuse, psychological manipulation, and financial exploitation are just some of the forms of domestic violence suffered by individuals in Illinois and across the country. Domestic violence is shockingly common. Sadly, many people suffer in silence because they are not aware of the resources and legal tools at their disposal.

If you are a victim of domestic violence, you may be wondering whether or not you should hire a lawyer. Family law attorneys experienced in domestic violence matters can help you navigate complex legal issues like protective orders, child custody, and property division during divorce. An attorney’s job is to advocate for you and ensure your rights are not violated.

Taking Legal Action After Domestic Abuse

If you are unsure of whether a lawyer can benefit your particular situation, consider the following factors:

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