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What Is the Purpose of a Guardian Ad Litem in an Illinois Divorce Case?
When divorcing spouses share children together, the divorce process is often much more involved than divorces not involving children. This is especially true if the spouses are not able to reach an agreement about the allocation of parental responsibilities and parenting time. In some divorce cases involving child-related disputes, a guardian ad litem (GAL) is appointed to act as a child representative. The judge may assign a GAL to the case or a spouse may request for a GAL to be assigned. The opinion of a guardian ad litem can have a major impact on the outcome of a child custody case.
Understanding the Role of a Guardian Ad Litem
Unfortunately, in many custody disputes, one or both parents are more interested in “winning” the case than working toward a custody arrangement that is in the child’s best interests. During a contentious divorce case, the wishes and needs of the children can become obscured. A guardian ad litem is a lawyer who represents the child’s best interests. He or she is tasked with investigating the facts of the case and eventually developing an opinion about what type of child custody arrangement is best for the child. This may be accomplished through evaluating the child’s residence as well as interviewing parents, siblings, teachers, daycare workers, and other people involved in the child’s life. The GAL will also look for evidence that suggests a living environment may be unsafe for the child. He or she may analyze criminal records, health records, school records, and any past or present Child Protective Services cases. The GAL then shares his or her findings and overall opinion with the judge. Although the judge is not required to follow the GAL’s recommendation, this recommendation will most likely carry substantial weight.
What Are My Adoption Options in Illinois?
If you are thinking about adopting a child, you probably have many questions about what the process entails. The steps involved in an Illinois adoption vary dramatically depending on the type of adoption being pursued. Whether you are interested in adopting a relative such as a stepchild, an infant through an adoption agency, an international child, or you are interested in another adoption avenue, getting quality legal support is essential.
Types of Adoption
Relative adoptions: In some cases, a person or a couple may want to adopt a child who is related to them. Many relative adoptions involve a stepparent who wishes to adopt his or her spouse’s child. A child can only have two parents according to the law, so some relative adoptions may require the child’s biological parent to give up his or her parental rights. If the parent is unwilling to do so, the court may involuntarily terminate the parental rights if the parent is found to be “unfit” due to abuse, abandonment, or other issues.
Illinois Spousal Support Calculation: What Is Considered Income?
One of the biggest concerns people have when considering divorce is how the split might affect their finances. Not only will getting a divorce result in the loss of your spouse’s income and/or nonfinancial contributions to your household, you may also be expected to pay child support or spousal support. Illinois spousal support payments are calculated using a number of factors, but the obligor’s income is typically the most influential factor. Before support payments can be calculated, the obligor’s income must be defined.
Determining Illinois Spousal Support Payment Amounts
There are a few different ways that a divorcing spouse may be obligated to pay spousal maintenance. If the spouses had previously signed a valid prenuptial agreement that dictates a spouse’s maintenance obligations, the court will typically uphold the directions contained in the agreement. Spouses may also be required to pay spousal support if there is a large discrepancy in the spouses’ income and assets. The standard of living established during the marriage, each spouse’s health and age, any impairment to the recipient spouse’s future earning capacity, and several other factors are also assessed during spousal maintenance determinations.
Tips for Reducing Divorce Stress
Ending a marriage is considered by many experts to be one of the most stressful experiences a person can have. Even if you were the spouse who suggested the split, the divorce process can be extremely emotionally burdensome. You may have worries about how divorce will affect your finances, your children, your career, and your lifestyle. Fortunately, there are a number of tips that mental health experts say can help you reduce the strain associated with formally ending your marriage.
Make Your Health a Priority
Many busy adults end up putting their own wellbeing quite low on their priority lists. Experts suggest that one of the best things you can do during divorce is to make a conscious effort to keep yourself healthy both mentally and physically. Exercise has shown to have remarkable benefits to both overall health as well as mood. Eating a balanced diet and avoiding the temptation to binge on junk food will also strengthen your body and help you get through this difficult time.
What Types of Protection Orders Are Available in Illinois?
Domestic violence is surprisingly common both in the state of Illinois as well as around the country. Sadly, many victims of abuse stay silent because they do not realize that there are programs that can help them leave an abusive relationship. In Illinois, victims of abuse and stalking have the ability to get a legal court order called an “order of protection.” Protection orders, also called restraining orders in some states, may prohibit the subject of the order from contacting certain protected individuals or going to certain locations. If you have suffered from domestic violence or you are worried that a family or household member may attempt to harm you or your children, you may want to consider obtaining an order of protection.
Emergency Orders of Protection
A protection order can be customized based on your unique needs. It may protect you, your children, anyone who lives or works in your house, adults with disabilities, and your pets. An Emergency Order of Protection (EOP) can include many different types of provisions. The EOP may prohibit the abuser from contacting the victim(s) of the protection order including calling, emailing, or texting them. It may also require the abuser to stay a certain distance away from the victim(s) and their home, school, or workplace. Depending on your situation, the protection order may also result in the revocation of the abuser’s Firearm Owner Identification Card which takes away his or her legal right to possess a gun. An EOP can be obtained without the abusive person’s presence and lasts up to 21 days.
Warning Signs that a Spouse Is Hiding Assets During Divorce
Typically, the greater number of high-value and complex assets a married couple has, the more complicated property division is during divorce. Property division may be an especially difficult process if the spouses do not agree on how property should be divided or are not willing to be honest and forthcoming about property and debt. A spouse who is planning to divorce may attempt to conceal income or hide assets in order to prevent these assets from being factored into the divorce settlement. If you are considering divorce and you have reason to suspect that your spouse may be hiding assets or lying about finances, an experienced divorce attorney can help you uncover the truth so that you can obtain a fair divorce settlement.
One Spouse Handles The Majority of the Financial Transactions
In many marriages, one spouse handles the finances while the other spouse manages other responsibilities. Although this division of labor works well for many married couples, it can also leave one spouse completely out of the loop when it comes to money issues. If you have traditionally allowed your spouse to pay the bills, file tax returns, and make major financial decisions without your input, this can leave you at a major disadvantage during divorce. It may be a good idea to investigate financial documents like tax returns and look for clues that reveal potential financial deception. For example, you may find that your spouse owns property that you are not aware of through an itemized deduction involving property taxes.
What You Should Know About the “Right of First Refusal” in an Illinois Parenting Plan
Divorced and unmarried parents in Illinois are required to submit a parenting plan, or parenting agreement, to the court. The plan describes how the parents will allocate parental responsibilities and share parenting time. A shared parenting arrangement can leave one parent with significantly less parenting time than he or she would prefer. If you are looking for ways to increase your parenting time, one way to do so may be through the “right of first refusal.”
Understanding Your Right to Enjoy Additional Parenting Time
The right of first refusal refers to a parent’s right to gain additional parenting time when the parent who is assigned parenting time cannot fulfill this commitment. Consider the following example: A father is assigned parenting time, formerly called visitation, every other weekend. He misses his children and wishes he could spend more time with them. On one of the weekends that the children’s mother is assigned parenting time, she must leave town for a work obligation. Because the parents included directions about the right of first refusal in their parenting plan, the mother is required to notify the father about her work trip and give him the opportunity to care for the children during her absence. If the father cannot take on the additional parenting time, then the mother is permitted to find a third-party such as a babysitter or grandparent to care for the children.
What Information Is Required in an Illinois Parenting Agreement?
If you are planning to divorce and you share children with your spouse, you will be required to create a “ parenting agreement” or parenting plan as part of your divorce. The parenting agreement will include key information about how you and your child’s other parent plan to share parental responsibilities and make important decisions about your children. Many divorcing spouses disagree regarding the terms of their parenting agreement. In these cases, mediation and assistance from an experienced family law attorney can be valuable resources.
Defining Each Parent’s Rights and Responsibilities
The parenting agreement is not simply another piece of divorce paperwork. This agreement will act as the main authority regarding each parent’s child-related responsibilities, expectations, and rights after the divorce. Illinois law identifies the elements that must be addressed in the parenting plan. These elements include:
What Can I Do If My Child’s Other Parent Refuses to Pay Child Support?
Research shows that the total cost of raising a child into adulthood averages over $230,000. If you are an unmarried or divorced parent, you may understandably struggle to make ends meet without support from the other parent. Children deserve to benefit from financial support from both of their children, regardless of if the parents are married. This is why Illinois law requires many divorced and unmarried parents to pay child support. Unfortunately, some parents to do not take this essential obligation seriously. If your child’s other parent has not been paying his or her fair share of child support, he or she could face major consequences including wage garnishment and more.
Establishing Child Support in Illinois
Casual child support agreements between parents cannot be enforced by Illinois courts. In order for your child’s other parent to be legally mandated to pay child support, you will need to formally establish child support through the court system. The court will determine the amount of child support based on each parent’s income and assets, the amount of parenting time each parent is assigned, the child’s needs, and other factors. It is important to note that child support orders can only be entered once paternity has been formally recognized. If your child’s biological father is not paying child support and he is not the legal parent of your child, you will need to first establish paternity before you can start receiving child support.
When Do Alimony Payments Terminate in Illinois?
If you are planning to divorce and there is a discrepancy between you and your spouse’s financial circumstances, you or your spouse may be required to pay spousal support. Also called alimony or spousal maintenance, spousal support is typically designed to supplement a lesser-earning spouse’s income until he or she can obtain the skills or education needed to gain appropriate employment. The amount and duration of spousal support payments depend on a wide range of factors and vary from case to case. Spousal support payments are often temporary, but in some cases, permanent spousal support is ordered.
Illinois Laws Regarding Spousal Support
Some spouses are required to pay spousal support after a divorce because of provisions in their prenuptial agreement or postnuptial agreement. If you and your spouse have previously agreed on a spousal support arrangement in a marital agreement and the court finds that agreement valid, you will be expected to comply with the agreed-upon terms. If no such agreement exists, you and your spouse may negotiate a spousal support arrangement or the court will determine a fair spousal support order. The court will consider you and your spouse’s age, health, income, assets, employability, contributions to the marital estate, and other information in order to determine whether or not spousal support is appropriate.
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