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Posted on in Child Support

Illinois family law attorney, Illinois child support lawyerBeing hit with the realization that you may be responsible for college expenses for your child on your own following your divorce can be an unsettling experience, especially when there are already so many other financial issues that must be addressed at the end of the marriage. Often, who will pay for your child’s college tuition is the very last thing on your mind in the midst of a separation. Thankfully, there are a number of ways you can properly prepare to fund your child’s college education after you are divorced, beginning with tackling the subject in your divorce decree.

Law Changes that Affect College Financial Responsibility after Divorce

Since 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has evolved to clarify which costs actually qualify as expenses in the state of Illinois, and how those expenses should be handled between divorce parties in a court of law. For example, the newer version of the law includes the cost of up to five college applications in its educational expense standards, and puts a stop to any contributions made to college expenses when the student turns twenty-three years old, with certain exceptions, which must be deemed “good cause”. This means if you are required to contribute to college costs for your non-minor child, the expenses will be justified and limited.

What You Can Do

To ensure your child’s college costs are taken care of once your divorce is finalized, the work ideally begins before you begin the divorce process. This means addressing the issue early on in the decree with a clear, written agreement that takes a number of factors into account, including who will pay for what and at what time, as well as who will pay for the pre-college expenses that are incurred. These things can include standardized test courses and any relevant purchases, like books or other class supplies. Sit down with your soon-to-be ex-spouse and make a list of everything you expect, along with any concerns you have about the arrangement.

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Posted on in Family Law

new illinois family law 2016, kane county divorce lawyer

New Divorce, Parentage and Family Law statutes become effective on January 1, 2016. The changes are immense and reflect the most significant shift in family law since the Illinois Marriage and Dissolution of Marriage Act was instituted in 1977. As news reports of the new laws hit the internet, there is both information and confusion. Clients are beginning to ask: how will this affect my case? Former clients who have been divorced for years or are having their alimony or support amounts reviewed are asking: will this change the amount I pay or receive?

Our firm is studying the new laws, strategizing about how to best help our clients, and implementing changes for the first of the year. Our office will be closed on Thursday, November 5, 2015, as all of our attorneys will be attending an all-day seminar on the new laws.

I had served on committees which drafted proposed legislative changes, and testified before the Illinois Supreme Court Committee on the custody law changes. Our firm will incorporate that knowledge in advising clients on the new allocation of rights and responsibility laws which replace our former custody laws.

The new maintenance and child support laws provide for complex calculations in determining how much each side will pay or receive.

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