In the aftermath of a divorce finalization, it is common to feel a wide array of emotions. With issues such as resource allocation and child custody responsibilities agreed upon, it is finally time to move forward in life, post-separation. Yet, sometimes even after all of the contentious aspects of a divorce are finalized, complications can arise. If you have an established child custody or spousal maintenance plan and are no longer able to regularly make your payments, we can work with you to pursue a post-divorce modification to ensure that you are not financially hurt by the payment plans finalized during your divorce.

Common Reasons For a Post-Divorce Modification

After your divorce has been finalized, there are a number of reasons why you may need to make modifications to your alimony or child support payments. In any of these cases, our team is here to help.

Loss of Employment: Throughout 2016, an incredible 54,000 American workers were either laid off or fired on a daily basis. That staggering statistic proves that anyone can lose their job. If you lose your job, for one reason or another, you should not be financially endangered over spousal maintenance or child support payments. A quality family law team can help you make modifications to the payment plans established at the time of your divorce.

In an alarmingly high number of divorce cases in which the mother is awarded sole-custody, along with child support from the father, the paying parent will look for any means to justify not paying the payments. In fact, approximately 25.9% of sole-custody parents owed child support in 2013 did not receive a single cent from their former partner. One of the most common ways in which fathers attempt to avoid these payments is through the use of a DNA paternity test. If you are fighting for child support and your former partner demands a DNA test, alert your attorney and seek skilled assistance immediately.

Establishing Paternity in Illinois

Here in the state of Illinois, parentage can be established in a number of ways: If both of the involved parties sign a Voluntary Acknowledgement of Paternity (VAP) form, if the Illinois courts issue an order of paternity, and if an Administrative Paternity order is issued by the Illinois Department of Healthcare and Family Services.  

If parentage has not been established through any of the measures above, a DNA test can be ordered, either voluntarily or in the courtroom. If parentage is officially established, parents have a responsibility to provide for their children, either through custodial responsibilities or child support payments. Unfortunately, ensuring that you receive the child support payments you deserve can be a complicated process.

Every year, more than 2 million American couples decide to tie the knot. While weddings are a beautiful celebration of love, they can cost a lot of money. Couples throughout the United States spend a collective $72 billion on weddings on an annual basis. Still, while a wedding can cost you a hefty sum of money on the night of your marriage (the average wedding budget is approximately $20,000), that money pales in comparison to the potential financial impact of a costly divorce. Developing a postnuptial agreement, after your marriage can be critically important to ensuring that you remain financially stable in the event of a divorce.

What is a Postnuptial Agreement?

Explaining to your fiance that you may have resources that you want to protect in the event of a divorce can be a difficult conversation to have. Yet, in many cases, the time to talk about protecting your financial future is after the wedding. A postnuptial agreement is a written agreement that the parties establish sometime after the marriage has been finalized. It is meant to settle the couple’s assets and affairs if they separate in the future. A postnuptial agreement can ensure that you and your family will have a stable financial future if you and your spouse ever decide to separate.

How to Develop a Postnuptial Agreement

The notion of a postnuptial agreement is a fairly new concept within American law. Postnuptial agreements finally became a common practice in the early 1970s, as more American couples began to separate. A postnuptial agreement can only be finalized if the agreement is in written form. It is also important to note that all postnuptial agreements must be voluntary. If a judge believes that a postnuptial agreement was forced onto one of the spouses, the postnuptial agreement will be considered null and void. A postnuptial agreement will only be finalized if all parties have disclosed the full extent of their assets. A spouse cannot hide significant assets from another spouse and still develop a valid postnuptial agreement.

When preparing for a divorce, many people do not want to think about the logistical side of the separation process. A divorce represents a monumental change in a couple’s life, as the two parties will likely face a much different living situation, daily routine, and lifestyle. While the divorce process can be emotional and difficult to process, it is also complicated. As you prepare for your divorce, there are a few steps you should take to ensure that you and your family will be financially comfortable, moving forward.

Find a Divorce Attorney You Can Trust: Once you have made the decision to pursue a divorce, it is time to move forward and begin thinking about all the logistics that come with a separation. The best place to start is by hiring a quality divorce attorney. Choosing an attorney quickly can give you time to prepare for potential court hearings and litigation. When looking for a divorce attorney, it is important to ask yourself a few key questions: How much experience does this firm have? Does my personality work with the prospective attorney? Can I trust them?  

Communicate Your Priorities: Once you have answered the questions above and have chosen an attorney, it is time to get to work. The first step that you can take in working with your attorney is to communicate what assets are most important to you as your divorce case moves forward. Do you own a house that has been in your family for generations? Is a sole-custody parenting plan your number one priority? Communication is key in developing the best working relationship with your attorney.

When couples are getting ready to tie the knot, they are usually in the midst of a deep love that seems like it could never end. While you should always believe that your marriage will last a lifetime, it is sometimes wise to prepare for the possibility of a separation, down the road. Of course, facing the potentiality of a divorce with your fiance can be difficult, but by planning ahead and signing a prenuptial agreement, you can help ensure that your family will maintain a financially healthy future, even if your marriage ends in a divorce. If you are readying for a marriage, speak with a legal representative to discuss the benefits of developing a prenuptial agreement, prior to your wedding.

Who Should Look Into a Prenuptial Agreement?

A prenuptial agreement is an agreement that is made by potential spouses, prior to their marriage. It is designed to establish how the couple will handle the allocation of resources, distribution of debt, and other financial issues, in the event of a divorce. A prenuptial agreement is officially established once the marriage is finalized. While many people believe that the establishment of a prenuptial agreement is unromantic or pessimistic, there are many scenarios in which a prenuptial agreement can alleviate stress and help the couple avoid future disputes, down the road.

Protecting Your Family: If you have children from a prior marriage, the development of a prenuptial agreement can ensure that your children will have access to their inheritance. While a second marriage can be a new lease on life and a path into a wonderful relationship, it should be noted that 67% of second marriages end in divorce.