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Parenting Time During the Holidays
With summer over, the holidays are just around the corner and families are starting to make their holiday plans. Parents who have recently divorced often worry that they will not get to share in the bonding moments with their children because of custody reasons.
The state of Illinois does not restrict parental visitations unless they are not in the child’s best interest. The topic of holiday celebrations is left up to the parents’ decision which can be talked about through mediation or on their own.
There are several strategies to come to an agreement that everyone can be happy with:
- Alternate who the child(ren) spend the holidays with from year to year - make sure to specify which holidays are in question.
- Split the day; for example, Mom spends Christmas morning with the children and Dad spends Christmas evening with the children.
How Is Child Custody Determined in Same-Sex Divorce?
It 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.
How Child Support Payments Are Calculated in Illinois
In 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.
Can a Parenting Plan be Modified in Illinois?
Instead 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.
What Is the Purpose of a Postnuptial Agreement?
Many 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.
Where Should I Look for Hidden Assets During My Divorce?
The 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:
What Is a QDRO and When Would I Need One?
Getting 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 Are the Different Types of Separation?
Separation 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:
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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.
Tips for Raising Children as a Grandparent
There 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
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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.
Why Choose a Mediator for Your Divorce?
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.
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