IL custody lawyerIt has been slow going, but the LGBTQ community is steadily gaining more and more equal rights as everybody else. It has been three years now since marriage between same-sex partners has been legal nationwide, but some legal issues are still more difficult for an LGBTQ couple than a heterosexual couple. In the case of divorce, the process of child custody determination is more difficult for a same-sex couple especially if the child is being shared by two fathers.

Illinois Parentage Act of 2015

When same-sex marriage became legal in 2015, the state of Illinois also passed the Parentage Act which provides a guideline when it comes to child custody. The act includes changes in language to suit same-sex marriages; now, there is a gender-neutral presumption of parentage in that a child can have a relationship with another parent other than its mother, but that adult does not have to be male.

Adoption makes the presumption of parentage a little more tricky, but for same-sex marriages that consist of two males, it is one of the only options if the pair want children. If an adoption occurs, both parents should legally adopt the child so that both can be considered parental figures in the minor’s life.

According to the Parentage Act, a person can be presumed parents of the minor if:

  • The child was born during a civil union or marriage
  • The child was born within 300 days of the end of the civil union or marriage
  • The child was born during a civil union or marriage even if the union is later considered invalid
  • After the child is born, the other person enters into marriage - even if invalid - with the minor’s mother

Any of these conditions can be rebutted as long as the attorney has sufficient evidence to fight the presumed parenthood.

...

IL family lawyerIn 2017, Illinois lawmakers changed the way family courts determine child support payments. These changes followed some other significant modifications to the state's laws which redefined child custody and visitation as the allocation of parental responsibility and parenting time. Divorcing parents should be sure to understand their child support obligations and the methods used to determine the amount of child support payments.

Parents’ Combined Income

Before the change in the law, child support payments were determined using a fairly simple calculation that was based on a fixed percentage of the income earned by the non-custodial parent. Under the new laws, child support payments are calculated based on the combined income of both parents. The courts will determine a child support obligation based on what a married couple who earns that combined income would typically spend to care for their child or children. Each parent will be responsible for a certain portion of that obligation based on their percentage of the combined income.

Parenting Time

In many cases, the majority of parenting time will be awarded to one parent and the other will need to make child support payments. If parenting time is split equally, or nearly so, then child support payments are not only based on the income of each parent but also the expenses of each parent in supporting the child. For example, only one parent may pay health insurance premiums. When the income and expenses of each parent are compared when they are both awarded equal parenting time, one parent may be obligated to make child support payments to the other.

Parental Responsibility

There can be many expenses when raising a child which is why it has been reported that it can cost upwards of $230,000 to provide for a child and nurture them to the age of 18. Just some of these expenses that are a large part of parental responsibility include:

  • Health insurance
  • Childcare
  • Extracurricular activities such as sports or clubs
  • School expenses such as uniforms, shoes, fees for trips, etc.

Some parents, depending on their income, are also required to pay some or all of their child’s college costs. These are calculated based on the income of the parents so long as the child is still considered dependent, which is usually until the age of 24. If a student can prove they support themselves independently of their parents, a waiver may be approved. The cost of school or schools the student is applying to is also considered.

...

IL custody lawyerInstead of classifying types of child custody as “joint” - between two parents - or “sole - between one parent - the state of Illinois practices allocation of parental responsibilities. This means that during a divorce, the family court judge and the parents involved will set the terms of a parenting plan that decides who will be the main decision-maker for the children, what amount of time each parent will get with their children, and the rules for when a plan can be modified.

Generally, a parent cannot petition to modify a parenting plan for two years from the date the document was finalized. The Illinois Marriage and Dissolution of Marriage Act says that parenting plans can only be modified sooner if the child’s physical, emotional, and/or mental well-being is in danger. This can be determined through the enforcement of parental responsibilities.

How Is a Parenting Plan Enforced?

One parent can ask for a petition to check-up on the other parent if they believe the parental responsibilities are not meeting the expectations of the agreement. The parent who is accusing the other of negligence can fill out paperwork describing the evidence they have seen as to how a parenting plan is being violated.

Types of relevant violations include:

  • Physical abuse or neglect
  • Missing appointments and tardiness in school drop-offs
  • Substance abuse
  • Deterioration of the child’s physical health and/or hygiene

If the court finds sufficient evidence to suggest that a parent is not meeting the standards of the parenting plan, they can order family counseling and physical education programs to better educate the parents. They can also decide to modify the parenting plan before the two years are complete.

...

IL divorce lawyerMany people have heard of prenuptial agreements; however, few know what a postnuptial agreement is. The two are similar but have different time frames when creating them. A “prenup” is a legal document that lays out every part of your marriage and has legal guidelines in the case of divorce. In the past, prenups were reserved for those with extremely high assets, but overtime prenups have become more common. “Postnups” have also begun to rise in popularity. These legal documents are constructed after marriage rather than beforehand. To some, this may seem like a bad omen, but for many, this is reassurance for an unpredictable future.

Common Reasons People Sign a Postnup

The idea of signing an agreement after the wedding is not for everyone; however, there are many situations that warrant it. One of the primary reasons individuals sign postnups is because they did not sign a prenup in time. Prenuptial agreements must be signed three months before the wedding day to verify that both parties signed it willingly. This time sensitivity exists to avoid having wedding jitters as the motivation for the document. Waiting to sign the documents until after the wedding celebration can be a good way to ensure that a postnup is in the best interest of both parties.

Postnups can also help relieve financial stressors that may be causing issues in a marriage. High assets or a large amount of debt incurred by one spouse can quickly replace the loving emotions with those of anger and stress. Creating a postnuptial agreement can help each spouse see their assets and debts in front of them, dividing them where they see fit. Giving a spouse full responsibility for their financial habits can also be a good motivation to improve.

Questions Addressed in a Postnup

The following are common issues that are addressed within a postnuptial agreement:

  • What will you do with debts? Many couples’ biggest fear is getting bogged down by their spouse’s debt that they were never apart of. The document will label both joint and individual debt. Postnups will “assign” debt payment responsibility in the case that any is incurred.
  • How is money divided in a blended family? Most second marriages will prompt the signing of a nuptial agreement to specify “who gets what”. It can be confusing and difficult to determine how things will be divvied up with blended families. These include financial support for children from previous marriages or special needs kids.
  • What about business relations? If spouses are involved in business together, it is crucial that they have legal documentation in the case of a divorce. The postnup will address what the roles of both spouses are in the business and how the business should be divided in a divorce.

Contact a St. Charles Attorney

Being prepared for a possible future is the best way to reduce stress and truly be in the present. Formulating a prenuptial or postnuptial agreement is one way to put your mind at ease. At Shaw Family Law, our attorneys are experienced in drafting both types of agreements to ensure all possible scenarios are addressed. If you or your spouse are looking to protect yourselves against a possible difficult divorce in the future, contact our experienced Kane County postnuptial agreement attorneys at 630-584-5550 for a free consultation.

...

IL divorce lawyerThe two areas that cause the most deliberation in divorce cases is child custody arrangements and the division of assets. Going through your finances and properties can cause ugly sides to come out of divorcing couples. Some will claim that certain assets are theirs alone while others will complain that they are not receiving enough in the division process. In Illinois, all marital assets are eligible for equal distribution between both spouses. This can seem unfair to the spouse that is the primary breadwinner of the house or can cause panic for the spouse that relies on these assets to get by after the divorce. These mix of emotions can cause spouses to make illegal attempts to conceal assets.

Common Hiding Places

Hiding assets is not typically done by putting wads of cash in the cookie jar. There are various common tactics used that can attempt to avoid a paper trail of evidence:

  • Watch Your Bank Accounts: The first place to start your search is your personal and shared bank accounts. Monitoring purchases and monetary movement may give initial proof to your suspicion.
  • Unreported Income: If your former spouse is involved in any form of cash enterprise, they may be pocketing funds without notifying the government for tax purposes. While this can be difficult to prove without professional help, comparing your spending habits to your spouse’s and looking back on your financial situation throughout your marriage can be a start.
  • Debt Payments: Some people will spontaneously owe their friends “debts” then have the friend return the money after the divorce is finalized. This will allow them to set money aside and avoid dividing it with you.
  • Shady Business: If your spouse has their own business, they could be using this to their advantage. Sometimes they will wait to charge clients for services until after the divorce. In other cases, they will pay an “employee” who does not actually exist and file the money into an account that they can access after the divorce.

Seek Professional Help in St. Charles, IL

Locating hidden assets can be extremely difficult for someone who does not have experience doing so. While these may be common places to hide money, there are many others that should be looked at to ensure that you receive your equal share of finances. At Shaw Family Law, we work with an experienced forensic accountant and other financial experts to analyze all possible areas of hidden assets. If you suspect that your spouse could be hiding assets from you, contact our Kane County divorce attorneys at 630-584-5550 for a free consultation.

 

Sources:

...

IL divorce lawyerGetting divorced is stressful on many levels. It is emotional and can be financially burdensome at the time of the divorce and in the future. Young couples filing for divorce are not often thinking about retirement; however, properly preparing for the future should be on the mind of divorcees throughout the proceedings. One of the best ways to secure your future financially is to obtain a qualified domestic relations order (QDRO). This is an order that ensures the recognition of a second party in receiving a portion of the retirement benefits from their former spouse’s plan. While you may believe that you are entitled to your ex’s retirement benefits, the only legal way to secure this money is through a QDRO.

Who can receive money through a QDRO?

This legal document has limitations regarding who is considered eligible to receive financial assistance. The recipient is known as the “alternate payee” while the plan holder is known as the “participant”. Alternate payees can include spouses, former spouses, children, or other dependents of the participant.

What should be included in a QDRO?

Each retirement plan has individual requirements; however, there is certain information that must be included on every QDRO request. These include:

  1. The name and address of the participant and alternate payee
  2. The name of each plan to which the order applies
  3. The dollar amount or percentage of the benefit to be given to the alternate payee
  4. The number of payments or time period of the order

Can I get a QDRO after my divorce?

QDROs can be filed at any time. Whether you are in the middle of the divorce process or have been divorced for a decade, QDROs do not have a time limit. This is done in part because financial situations can change over time. While some may have a retirement plan with their job at the time of their divorce, they may change jobs later on and find themselves in need of financial support. QDROs can also be filed for after the former spouse’s death; however, it must be consistent with the terms of the retirement plan. QDROs can be filed for long after the divorce is finalized but it is best to obtain one and file the QDRO with the retirement plan as quickly as possible.

Obtaining a QDRO with the Help of a Kane County Attorney

All legal processes go much smoother with an experienced attorney by your side. If you are in the middle of your divorce, you should notify your attorney that you may need the financial assistance later in life. You may also need to contact the plan for information about your spouse’s plan if your spouse is not willing to provide you with that information. At Shaw Family Law, we draft QDROs during or after divorce to ensure that you receive the proper allotment of finances later in life. If you are considering divorce or need assistance drafting a QDRO from a divorce that happened years ago, contact our experienced St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

...

IL divorce lawyerSeparation is typically seen as the step taken before divorce; however, this is not always the case. Some use separation as a trial period to see a life without their spouse in it while others see separation as a substitute for divorce. Many that are considering separation have already experienced a mental or emotional gap without physical distance coming between them and their spouse. There are three types of separation, each of which gets progressively more serious.

Types of Separation

The following are the three types of separation available to married couples:

  1. Trial Separation: A trial separation can be the “trial period” that couples are looking for when they are having difficulties in their marriage. This form of separation does not require any legal paperwork and is not considered a legal process. Trial separation has the two spouses living apart with the potential to get back together. This form of separation often helps couples decide if their marriage is still meant to be or if divorce is on the horizon.

  2. Permanent Separation: This type of separation occurs when couples decide that they no longer want to be together but do not wish to have legal processes involved. Some choose permanent separation to continue to have financial benefits of a legal marriage. The division of property can become difficult in this form of separation without third-party assistance. Property purchased or debts incurred after the separation but without a divorce present is typically considered separate unless the debts are formed to care for children or the marital home.

  3. Legal Separation: This form is closest to a divorce. Legal processes are involved to officially divide assets, make child custody decisions, and to request financial support. Much like permanent separation, legal separation can be an alternative to divorce; however, legal separation is often the first step towards divorce for unhappy couples. Without a legal divorce, it is impossible to remarry since you legally never ended things.

    ...

IL divorce lawyerThere are various situations in which grandparents take on the parental role for their grandchildren. Sometimes the child’s parents pass away, some are unfit to raise children, while others are simply absent in their children’s lives. While many grandparents will take their grandchildren in as a result of their own child’s neglect or absence, this can be a difficult task for older people to take on. Dreams of travel, spending time with their spouse, or a relaxing retirement can get put on a temporary or permanent hold. Many grandparents willingly adopt their grandchildren but the transition is not always so easy.

Tips for Easing the Transition

  1. Feelings First: Both you and your grandchildren will feel a mix of emotions about the huge life change. You may be feeling a combination of happy and sad feelings: pleased to be able to provide your grandchild with a loving home but upset that your life plan took an unexpected turn. Your grandchild will most likely be experienced similar sentiments. For children, these feelings can often be displayed through aggressive or inappropriate behavior. Talking to your grandchildren about their feelings is the first step towards creating a sense of normalcy. Looking for grandparent support groups is a good way to get a hold on your feelings without taking them out on your grandchild accidentally.

  2. Make Your House Their Home: Children thrive off of stability which can seem impossible to create in the midst of a parental change. However, there are steps that can be taken to help build this new home. Creating a schedule or routine helps form a new sense of normalcy as does setting house rules for the child to abide by. The best way to make your home feel like their home is to give them their own space. Having their own bedroom can make your house feel less temporary, allowing the child to see your home as their home.

  3. Encourage Parental Contact: Many situations make this impossible and sometimes contact with the parents is not in the child’s best interest, but this is not always the case. If the child’s parent is still able to be contacted, it can be advantageous to the child to maintain that relationship, even if the relationship is different than it was before. It is important to avoid showing your grandchild any disappointment or anger that you may have towards their parents. Keeping the child from communicating with their parents can create a sense of resentment towards you, even if you are the one taking care of them day to day.

Contact a Kane County Adoption Attorney for Help

Becoming a parent for a second generation can be difficult physically and emotionally. Some grandparents feel as if they have no other choice while others fight to remove their grandchildren from an unhealthy or unsafe home. At Shaw Family Law, we understand that every family’s situation is unique and deserves the utmost attention to do what is best for the child. If you are considering legally adopting your grandchild, contact a St. Charles, IL adoption attorneys at 630-584-5550 for a free consultation.

...

Selecting your legal team for your divorce is one of the most important steps that you can take. Without adequate legal assistance, you may not receive proper alimony, child support, or custody when you and your former spouse’s belongings get divvied up. Most couples getting divorced will each select their own attorney who will then work solely in the best interests of the spouse that hired them. Because this is a common choice for many divorces, some couples do not realize that alternative options exist. Divorce mediation has become increasingly popular as modern times have removed the age-old negative stigma that used to surround the idea of divorce.

What Is Divorce Mediation?

Divorce mediation is an alternative to divorce litigation. Divorce mediators are typically a branch of attorneys at a law firm that specializes in both litigation and mediation. A mediator is a neutral third-party that meets with both spouses to make divorce arrangements. Unlike common divorce proceedings, the goal of mediation is to come to an agreement together rather than having two opposing sides pitted against each other.

This divorce process is commonly chosen by couples that are having an amicable divorce. In other words, divorce mediation only works for couples that can do not have grievances against each other and have come to the mutual decision that divorce would be best for them both. This is not always possible which is why mediation only works for some couples. The purpose of the third-party is not to take one side over the other or add their input. They act as a middle ground with legal knowledge and experience in order to conduct the legal process when the agreements have been finalized by both parties.

Why Would I Choose Mediation Over Litigation?

As previously noted, mediation can be a lower conflict way to finalize your divorce; however, this is only the case with some parties. Divorce mediation can be cheaper for each spouse since a single legal team is involved rather than two opposing attorneys. The process can also be quicker depending on the length of time it takes for both spouses to come to an agreement. Divorce mediation often takes an average of 3 to 5 months to complete whereas divorce litigation can take over a year to complete. Those who decide that divorce mediation is best will also reduce the number of court filings required for their divorce to be finalized. Divorce mediation is a good alternative to litigation as it can foster a good co-parenting relationship in the future or a positive parting with an amicable sense of closure.

Contact a Kane County Divorce Mediation Attorney for Help

Divorce mediation is a good alternative that is often overlooked or unknown by couples seeking divorce. At Shaw Family Law, P.C., we offer both divorce litigation and mediation in order to serve and accommodate couples with all different types of relationships. If you are looking for alternative options for your divorce, contact St. Charles, IL divorce mediation attorneys at 630-584-5550 for a free consultation.

...

IL divorce lawyerDivorces in which children are involved require legal assistance in a different sense than other divorce cases. Most parents do not come to a custody decision without some disagreements. It is uncommon for both parents to share equal custody of their children. One parent is named the “custodial parent” since the child lives primarily under their roof. The other parent is known as the “non-custodial parent”. The non-custodial parent does not pay for things such as groceries, clothes, or the gas needed to drive the child around every day, they are often required to provide the custodial parent with a set amount of money on a monthly basis in order to compensate for these expenses. These payment amounts are determined by a variety of factors. These include income, bonuses, properties owned, and other forms of financial value owned by both parents. Continue reading to learn how child support payments are regulated based on each individual’s situation.

Unique Solutions to Difficult Situations

Most parents do not have the “American dream job” that pays six figures and has them working 9 am to 5 pm Monday through Friday. In reality, Americans work a variety of different jobs resulting in numerous “gray areas” for child support payments. Some individuals have the child support payments deducted from their paycheck by their employer to avoid missed payments while others place the responsibility on their own shoulders on a month to month basis. Regardless of the method used, these payments are due monthly and legal action can be taken against anyone who withholds these funds. For those purposely withholding child support payments, their wages can be garnished. This means that the amount will be forcibly removed from their paycheck before the parent receives it, taking away their ability to miss or avoid payments.

Some employers have refused to withhold the child support amount from paychecks despite being ordered to by a court or requested by an employee. While this is not always the case, it is not uncommon. Under every state’s law, an employer must withhold the amount if ordered or requested to do so. If this is the case, the employer will receive a withholding notice notifying them of their obligation. If the employer still refuses to do so, they will be charged the amount personally.

Child support payments can be increasingly difficult for parents that have recently lost their job. While this situation may not be the fault of the unemployed parent, the finances are still owed each month. The best solution in cases like these is a request for a payment adjustment. Because child support payments are determined based on a parent’s income and financial state, it can be adjusted if the parent cannot afford to pay the original allotted amount. If this request is made, a court may require the individual to seek out an employment program to help truncate the amount of time spent paying a lower amount.

For those that are self-employed, regulating income is still possible. This will be done through the Internal Revenue Service. While it may not be possible to withhold income through their employer, there are other forms of withholding that exist. Liens are holds on property until the amount owed is paid. This can include revoking required licenses, securing liens on client payments or garnishing the parent’s bank account.

...

IL divorce lawyerThe way one looks and acts is crucial throughout the entire divorce process. Not all divorces go so far as a court appearance. Amicable divorces are typically done behind closed doors, with the assistance of attorneys. This is common for those who mutually decide that divorce is right for them and are able to settle the different facets of divorce without a judge’s third-party assistance. Conduct is especially important in cases involving children. If a judge notices that one parent is acting in a way that is unfit for a parent, custody decisions will be affected. Whether or not you are in front of a court or in a private space, your conduct is crucial for getting a “fair trial”.

How Should I Behave During the Divorce Process?

  1. Timeliness is everything: Arriving on time to every legal appointment is key. This is the only concrete evidence that a judge can see that shows reliability and responsibility. This also tells the court that you see this as a priority. Each spouse is compared throughout the legal process so it is important to be on time.

  2. Dress professionally: Spouses should dress in business attire. Not only will you be at the same dress level as your legal team, but this also shows your professional side. It does not matter whether or not you work in a “business attire” setting, but showing that you can dress up when necessary is a clear sign of recognizing priorities.

  3. Keep your emotions in check: Getting divorced is emotionally taxing on both spouses as well as their family and friends. Often times those emotions can come flooding out in the courtroom as your relationship is opened up for others to see. That being said, keeping your emotions under control is very important. Some people will display anger or sadness in the midst of an ending relationship, but both can come off as unprofessional and hysterical, especially in the court.

  4. Be organized and prepared: Legal assistance is necessary for every divorce regardless of the level of friendliness that exists between you both. Sometimes the amiability that exists can be a tactic used to catch your spouse unprepared thus keeping them from receiving proper amounts of alimony or child support. Having a lawyer who is experienced in divorce cases is the best way to protect you from receiving less than you should.

    ...

Posted on in Divorce

IL divorce lawyerMarriage is known to be one of the few opportunities to reduce your tax payments. Once married, spouses can file a joint tax return. This obviously changes once the divorce papers are signed and complete. Because your incomes are no longer considered tied, they cannot be filed together whether or not you have children together. For some couples, this makes little difference to them. While for others, the money from a tax return can help keep them afloat. Some couples go so far as staying separated to keep this financial benefit. This is typically not an idea that is suggested by an attorney since tax returns can be unpredictable. Couples that are in the divorce process but have not finalized it yet can still file their taxes together until the year that they are officially divorced. Most people do not consider the effect that divorce will have on their taxes until they have to file for their taxes for the first time post-divorce. Continue reading to learn about the different areas of your tax return that will need to be adjusted after your divorce papers get signed.

Areas of Adjustment

  1. Dependents: This is the area that is most familiar to those that do not work in the financial field. Any child is considered a dependent and must be claimed on tax returns. For those who are divorced, the custodial parent is the only one allowed to claim their child as their dependent. In other words, the parent that spends the most time caring for the child can legally claim the child on their taxes.

  2. Medical Expenses: This is similar to claiming a dependent. If you have a child that has extensive medical expenses, you can legally claim that on your taxes. This is only allowed for the parent who paid for the majority of the expenses, even those that are not considered the custodial parent. Just because you do not house the child does not mean you cannot claim some of their expenses.

  3. Alimony Payments: This is another term for spousal maintenance. If the law is requiring you to pay a significant amount of money to your ex-spouse to help support them, you can legally claim that in your taxes. In a way, this is the most similar alternative to filing jointly.

  4. Asset Shifts: Divorce settlements often result in properties being divided between the two former spouses. This means that these payments also transfer from one hand to the other. On the bright side, the recipient will not be required to pay taxes on the property’s transfer. However, if the recipient decides to sell the property, he/she will have to gains tax on all the appreciation before and after the transaction.

    ...

Posted on in Divorce

IL divorce lawyerMost couples have some form of debt that they have incurred over the years, especially if they have been together for a long period of time. You buy expensive things, put it on the credit card, and worry about it when the bill comes in. This usually only becomes an issue if the couple cannot find the means to pay off the debt when it is due or if the couple decides they are filing for divorce. Continue reading to learn what to do if you are filing for divorce and have incurred a significant amount of debt throughout your marriage.

Dividing Debt when Going Through Divorce

Most married couples sign credit cards and make large purchases together. While this is convenient throughout the marriage, it also makes it much easier to incur debt jointly. “Joint debt” does not necessarily mean that all of the purchases were made together, it just means that they were made on a joint account. This is important to note if you are considering getting a divorce. In the eyes of the bank and court, all purchases made on joint accounts are liable by both parties. Banks do not change their policies based on a couple’s marital status, thus they can and will come after you if your spouse is not paying off the debt and vice versa.

There are ways to avoid being on the hook for purchases made by your spouse that were not under your approval. Noting which purchases are yours and which are not is a good start to officiating which debt is yours. Providing your attorney and/or financial planner with this information is one of the first steps in trying to unravel the debt that you and your spouse are tangled in. The best way to avoid financial issues after your divorce is finalized is to pay off your debts before your divorce is official. Whether you and your spouse divide it personally or need legal assistance to do so, paying off this debt is the best way to avoid any problems throughout the divorce process.

There is a loophole that many couples do not realize exists. If the card is under the name of one spouse and the other spouse is just listed as an additional cardholder rather than a co-signer, the debt will be solely on the one spouse. The best way to ensure that your debt is your own is to cancel all joint cards and sign them solely under your own name. This is the only way to be sure that your spouse will not run up your debt and card throughout and after your divorce.

Contact a Kane County Debt Allocation Attorney for Help

Proving that debt on joint cards is not your own is almost impossible without experienced legal help on your side. Attorneys can offer you a variety of different solutions to avoid being on the hook for your ex’s debt. If you are considering filing for divorce and have incurred debt throughout your marriage, contact our St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

...

IL divorce lawyerFor married couples, "proving paternity" is not much of a process and more of an assumption. For those who are not married, proving paternity can be a difficult legal situation. Some fathers do not want to be tied to their child to avoid parental and financial responsibilities. On the other hand, some mothers do not want their child’s father in their life and will avoid telling the biological father that the child is theirs. Regardless of the situation, proving paternity is important for multiple reasons. Not only should the child know for their own peace of mind, but there are also legal and health benefits. Legally, a child will receive financial support payments as well as social security or veterans’ benefits. A child should also know their father in order to know his medical history. Without this knowledge, it can be easy for a child to contract illnesses that could easily be avoided if they had both parents’ medical history.

How to Prove Paternity Voluntarily

Voluntarily proving paternity is best for both parents. You avoid keeping secrets and/or potential confrontation. The easiest way to do so is for the father to be present at the time of birth. This does require the signing of a declaration of paternity but it does not require any form of DNA testing. If the father is not present at the time of birth, an affidavit is required. This will need to be done before the birth certificate is issued in order for the father’s name to be present on the birth certificate. If his name on the birth certificate is not a concern of both parents, the affidavit deadline extends to anytime before the child’s eighteenth birthday.

How to Prove Paternity Involuntarily

If the father will not voluntarily sign the legal paperwork and you would like your child’s father to be legally recognized, it is crucial to have an experienced attorney who can help. The mother will first sign the affidavit naming the child’s alleged father then try and get in contact with the man. This can be done through investigation if necessary. It is worthwhile to first allow the father to voluntarily establish paternity in the case that he was uninformed about the situation initially. If he still refuses to voluntarily claim paternity, genetic testing is the next step. Both parents and the child will submit to genetic testing to ensure that all parties are linked. Once the results reveal who the father is, the father will be notified within 60 days of testing.

Contact a Kane County Parentage Lawyer for Help

Proving parentage is a stressful time for both parents, especially for cases that are involuntary. The legal process can be tedious and frustrating if you do not have experience in that area. It is important to have a hardworking attorney on your side to ensure that your child’s true parents are known. If you are trying to prove paternity or prove against an accusation that has been made, contact our experienced St. Charles, IL paternity attorneys for a free consultation at 630-584-5550.

 

...

IL divorce lawyerFamily vacations are a common occurrence in the summertime. Your children have time away from their academics and the beautiful weather typically motivates families to spend time away from their home state. Whether or not you and your family regularly took vacations, your summer will probably look different post-divorce. It is important to reflect on summer plans in light of your divorce with summer vacation beginning in a few weeks. Continue reading to help plan your summer and spend quality time with your children.

What You Need to Consider

  1. Financial Planning: For most families, money is set aside to pay for family vacations. The planning is done well in advance to avoid budget issues and travel restrictions. Family vacations after divorce will problem happen less frequently due to the supply of funding coming from a single income rather than two. If you would like to take a vacation, it would be advantageous to plan it out well in advance.

  2. Look at your Parenting Plan: You will now have to verify your plans with your former spouse if you share custody. Most parenting plans will have specified rules about which holidays are spent with which parent. The plans also have legal requirements on how much time must be spent with each parent. If you plan on taking your child for more than your usual time allotted, you will have to run this by your former spouse. This can typically be done without the intervention of an attorney depending on your relationship.

  3. Traditions May Be in the Past: Many families have the family tradition to go on one vacation every summer. This can be difficult to let go of but is not always feasible for divorcees. A good outlook on things is to end old traditions and start new ones. You may have to trade in your tradition vacation spot for a newer, more economical option. Not only will this be helpful for your wallet, but it can also feel like a fresh start for many parents.

Contact a Kane County Divorce Attorney for Help

Family vacations may not be on your mind while you are involved in the divorce proceedings; however, this can be very important for some families. Discussing this with your spouse during the divorce process can help alleviate the stress once the paperwork is finalized. It can be helpful to divide holidays and vacations in the contract to avoid discussing this afterwards. If you are considering divorce and need assistance, contact our experienced St. Charles, IL divorce attorneys at 630-584-5550 for a free consultation.

...

IL divorce lawyerStay at home parents are not as common today as they once were. This can be attributed to a higher standard of living with a minimal increase in pay as well as the feminist movement and workplace equality. According to the U.S. Census Bureau, 18 percent of parents in 2016 spent their time at home instead of being employed. This number has not changed significantly for women; however, stay at home dads have become more common. The percentage of men who are considered “stay at home dads” rose from four to seven percent in a 25-year time period. Having one unemployed parent can be manageable while married, but can become increasingly difficult after divorce. Continue reading to learn about the different options stay at home parents have to stay afloat.

Hire an Experienced Attorney

A good divorce attorney is crucial for parents who rely on their former spouse financially. With their assistance, a parent could potentially remain financially stable living off of the divorce settlement. This includes alimony and child support payments. Alimony is another term for spousal maintenance or more specifically, money being given to the lower-earning spouse. This can be used for those who earn less money in their occupation or those who do not have a job. Alimony is determined from a variety of financial factors but can be greatly increased with an experienced attorney’s help. The amount given in child support payments can also be changed with a lawyer’s help. These payments are meant to help the parent with primary custody to ensure an equal amount of “effort” is provided by both parents.

Go Back to School

Some stay at home parents choose this life path because they never sought out higher education or the proper training they needed for their dream job. Going back to school can be stressful and overwhelming, especially for parents who have been out of school for a long period of time. Not only will getting the necessary education for your occupation make you more marketable for companies, but it can also make people feel more independent, truly giving them that post-divorce “fresh start”.

Search the Job Market

Although many stay at home parents try to avoid going back to work, it can be impossible in some cases. Spousal maintenance and child support do not always add up to a fully functioning lifestyle. Going back to work can seem stressful; however, it is usually not as difficult as one thinks it will be. Digital job boards and quick internet searches have made job searches much faster and simpler.

Contact a St. Charles, IL Family Attorney for Assistance

Divorce is a major lifestyle change no matter the familial circumstances though stay at home parents may have to make the most adjustments. Working with an experienced stay at home divorce attorney can often help improve your financial compensation post-divorce. If you are a stay at home parent considering divorce, contact our Kane County divorce attorneys at 630-584-5550 for a free consultation.

...

IL family lawyerUnhealthy and abusive relationships can be easy to spot from the outside but can become difficult to recognize when you find yourself in that situation. They say that love is blinding and this is often the case in relationships like these. A man or woman in a relationship gets used to their partner’s behavior and often gives them excuses in regards to their abusive tendencies. Statistically speaking, one in four women (24.3%) and 1 in 7 men (13.8%) aged 18 and older in the United States have been the victim of severe physical violence by an intimate partner in their lifetime. Physical abuse is not the only form of abuse that takes place in relationships. Emotional and sexual abuse are often more common. Continue reading to learn about what is considered abuse and why victims of abuse stay in unhealthy relationships.

What Is Abuse?

Abuse can come in many forms and does not always have to be an act of violence. Consistently putting down your partner or making them feel less about themselves is a common form of emotional abuse that often gets brushed off. Many incorrectly believe that violence or assault is the only true form of abuse because there is physical evidence to look at. Manipulation is another common abuse tactic. This can be explained as your partner wanting to spend time with you; however, an unhealthy amount of time spent with your significant other is never a good idea for either person. This manipulation can be as simple as dictating who their partner’s friends can be or as complicated as threating suicide if their partner leaves them. Financial control is also an example. This is more common in marriages since your bank accounts are typically merged; however, it is not impossible in a dating relationship as well. A partner who makes all financial decisions without consulting their spouse can use this to their advantage. Having financial gain over another is an easy control tactic that can be used without the partner even recognizing it.

Common Reasons People Stay in Abusive Relationships

It can be difficult to understand why someone would stay in an abusive relationship when they have never been in one themselves. There are a variety of different reasons why partners stay.

  • Love: This is one of the most simple and common reasons why abusive relationships continue - love. It can be difficult to leave someone you love no matter how much they hurt you. Remembering the “good times” from the past can be strong enough to motivate individuals to keep trying to get them back.
  • Lack of Finances: Financial abuse is so successful because not having the money to be independent can force people to remain in their current situation. Many people do not see another option since they do not have the means to do so.
  • Normalizing Abuse: This is similar to the lack of recognition of abuse. Many partners do not realize how serious the abuse has become. They think abuse simply comes with all relationships.
  • Low Self-Esteem: The way a person sees themselves determines many of the decisions they make in life. Emotional abuse typically deteriorates an individual’s self-esteem over time. Their partner will plant the idea that they will never find anyone else causing them to stay out of fear of loneliness and low self-esteem.

Contact a Kane County Domestic Violence Attorney for Help

Finally leaving an abusive relationship often requires more steps than telling your partner “it’s over.” For those who are married, divorce is one of the best ways to ensure that you cut all ties with your former spouse. Orders of protection may also be necessary depending on the dangers of the situation. If you are considering divorce or need help filing for an order of protection, contact our St. Charles, IL domestic violence lawyers for a free consultation at 630-584-5550.

 

...

IL divorce lawyerWhen a couple realizes their marriage is coming to an end, many spouses decide to separate for a period of time before filing for divorce. This has become a social norm and many couples do not even think about getting their marriage annulled. Not only does an annulment mark the end of a marriage, but it also states that the legal union never existed. Annulments are most commonly sought out for religious reasons. For instance, the Catholic church views divorce in a negative light thus requiring its members to obtain an annulment before they are allowed to remarry in the “eyes of the church”. Annulments may be most common for spiritual individuals; however, some decide an annulment is best based on the benefits it provides each former spouse. Continue reading to learn about the details and benefits of annulments.

Eligibility for an Annulment

A couple must meet the following requirements to qualify for an annulment:

  • The marriage was forced on one or both of the spouses.
  • One or both of the spouses were unable to make a clear decision because of the consumption of alcohol, drug use, or mental disability.
  • One or both of the spouses were already married at the time of the wedding or the relationship was incestuous.
  • The spouse(s) was underage at the time of the marriage.
  • Either spouse was impotent at the time of the marriage.
  • Information was withheld from either spouse such as children from a previous marriage, an unwillingness to have children, legal/criminal problems.

Benefits of an Annulment

There are various benefits of an annulment that extend past religious acceptance.

  • Avoiding financial support: One of the typical requirements of a divorce is one spouse providing the other with financial support. This is often unavoidable, especially when one spouse works and the other does not. These payments can include child support, alimony, or spousal support. Those who decide to have their marriage annulled will no longer be required to help their former spouse financially since the marriage no longer exists in the eyes of the court.
  • Debt is determined and divided: Most couples will accumulate some form of debt throughout their marriage. In the case of an annulment, this debt is divided equally between both parties. Any debt that was incurred before the marriage is given back to the spouse that accumulated it.
  • Assets assignments: Property assets are typically split in half during divorce proceedings, but annulments are different. The property is given back to the party who originally purchased it.

Contact a Kane County Family Law Attorney for Help

Whether a couple is filing for an annulment for religious reasons or for personal reasons, it is crucial that you seek out an attorney who is experienced in this particular area of family law. Divorce and annulments are two very different legal processes that should be dealt with as such. If you would like to get your marriage annulled, contact our St. Charles, Illinois family law attorneys at 630-584-5550 for assistance.

 

...

Posted on in Divorce

IL family lawyerThere are a variety of different reasons why divorce happens, especially since one couple has a different dynamic than the next. The commonly known statistic for divorce is that 50 percent of marriages end in divorce and many believe that this only applies to young couples. However, the baby boomer generation is seeking out divorce more than people realize. This is known as “gray divorce” and the number has doubled over the last 20 years. Regardless of the husband and wife’s ages, there are a few common denominators that often lead to divorce.

Getting married for the wrong reason. Often times those who decide to get divorced realize that they should not have gotten married in the first place. This can be for a variety of reasons such as social pressure to get married, feeling obligated to tie the knot after having a child together, or getting caught up in the romance. The desire to divorce is often mutual by both parties in these sorts of situations.

  • Infidelity. Cheating on a spouse can break even the strongest of relationships. Infidelity breeds distrust and can make people feel inadequate. This is often caused by intimacy issues, which is more important than many people realize. Divorces due to infidelity are highly common even though some couples try to stay together after affairs have occurred.
  • Loss of Identity. It is a well-known fact that when couples have been together for an extended period of time, they become somewhat dependent on each other, They get used to having the other around and it can feel odd if things change. Although relying on another is common, it can also become unhealthy. Those who spend too much time with their partner can feel as if they are no longer an individual. Many will choose divorce as a way to gain back their independence.
  • Constant Conflict. Being unhappy in your relationship is the basis for divorce and arguing is often at the root of this unhappiness. Marriage is a difficult commitment to maintain, especially since you live together and share everything. An excessive amount of conflict can also make it difficult to have the motivation to talk through your differences.
  • Financial Burdens. Monetary stress can make a perfect relationship break into pieces. Financial problems can be difficult to fix because it often takes time to do so. This can become an even larger conflict if one spouse works and the other does not. The working spouse can feel as if the pressure is only on their shoulders and may blame their partner for that stress.

Contact an Illinois Divorce Attorney for Help

Regardless of the reason for wanting a divorce, it is important to seek out an experienced attorney for assistance. At Shaw Family Law, we handle a variety of different situations. If you are considering divorce, contact a Kane County divorce attorney at 630-584-5550 for a free consultation.

 

Sources:

...

IL family lawyerAdopting a child is an exciting time for parents. This excitement can lead to unrest from future parents since the adoption process can be quite lengthy. It is impossible to give an accurate timeline for adoptions since there are a variety of types and availability can change at any moment based on biological parents’ choices. Although the wait time can be unpredictable, there are various things that can and should be done before your child arrives at your home.

Learn About the Different Types of Adoption

While this may have already been completed, it is important to research every option available. This can help ensure that you make the best choice for your family and can sometimes shorten your wait time. Adoptions can be completed privately or with the help of an agency. Private adoptions are often done if the couple personally knows the birth parents. Agencies can be helpful for adoptive parents because they can provide you with a variety of resources to aid you with your adoption. Once you have decided whether the adoption will be completed privately or with professional help, you must determine if an international adoption or domestic adoption is best for you. International adoptions can often be quicker but can be more expensive depending on the situation and country. Researching each individual adoption outlet is important before making final decisions.

Be Prepared for the Home Inspection

Every adoption will be preceded by a home inspection. This is completed to ensure that the child will be safe and happy in your environment. The home inspection will require significant amounts of documentation. These include personal background checks, health statements, financial information, references, and autobiographical statements. These documents will help a social worker determine your own background in addition to your personal environment. When conducting the home inspection, the social worker will look for safety hazards such as accessible firearms, an unfenced pool, unscreened windows, etc. The social worker will provide the potential parents with advice about how to make their home safer for children.

Budget Your Adoption

It’s no secret that children are an expensive investment for parents. Adopted children incur more bills due to the adoption costs, especially if one has to travel to bring their child home. You and your spouse should create an adoption budget to ensure that your costs will be covered as the months go on. The budget should include adoption costs as well as parenting costs. This includes the furniture and materials that need to be purchased for the child in addition to food, clothing, and medical costs.

Contact a St. Charles Adoption Attorney for Assistance

In adoption cases, it is important to hire a professional to complete the legal portion. Adoptions are an exciting time for future parents. At Shaw Family Law, we work to take the legal stress off your shoulders, allowing you to focus on the preparation work. If you are considering adoption, contact our dedicated Kane County adoption attorneys at 630-584-5550 for a free consultation.

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV