630-462-9500
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1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
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Recent Blog Posts
Does My Spouse Have the Right to Keep a Family Car After Our Divorce?
If you are like many people, your car, truck, or other vehicle is an essential component of your everyday life. You may have also spent a great deal of time, effort, and money making payments on your vehicle and keeping it maintained. It is therefore understandable to have concerns about who will retain ownership of your vehicle after divorce. You may question whether your spouse has the right to keep a car that is only titled in your name or worry that you will be forced to sell the vehicle and split the proceeds. Understanding the laws that govern asset distribution during divorce is key to reaching a fair divorce settlement.
Illinois Laws Regarding Ownership of Vehicles and Divorce
You and your spouse may be able to resolve property division concerns such as vehicle ownership through negotiations, mediation, or collaborative law. However, not every divorcing couple is able to reach a property distribution arrangement without court intervention. If your divorce case is litigated, a legal doctrine called “equitable distribution” will be used to determine which spouse gets what assets. Separate property, meaning property acquired by a party before getting married, is typically assigned to the original owner of the property. Property received in an inheritance is also usually classified as separate property. Assets that are acquired by either spouse during the marriage are considered marital property. If you purchased your vehicle after you got married, it is part of the marital estate and subject to division. This means that even if your vehicle is titled in your name alone, your spouse will have the same rights to the vehicle as you do.
What Are the Most Common Issues That Can Derail an Illinois Adoption?
Choosing to adopt a child can be a wonderful, life-changing decision. However, the adoption process can be full of legal complications and potential pitfalls. If you are considering adoption, it is important to educate yourself about the obstacles that you may encounter. It is also important to work with an adoption attorney who has experience successfully addressing these issues.
Relative Adoptions
One of the most common types of adoption in Illinois is relative adoption. Adopting a stepchild or other relative is often more straightforward than other types of adoption, but it can also involve many legal challenges. A child can only have two parents, so in some cases, the child's biological parent or parents may need to relinquish their parental rights before the adoption can occur. However, many parents are unwilling to do so, or they may choose to contest the adoption in court. If parents do not voluntarily relinquish their parental rights, they may lose their parental rights after being deemed “unfit” by the court. Neglect, abuse, abandonment, severe drug addiction, and other issues that may lead a court to terminate a parent's parental rights.
Who Gets to Keep the Family Pet in an Illinois Divorce?
Whether you have a dog, cat, horse, bird, or other type of animal, you probably love and cherish your pet as if he or she was part of the family. One concern many divorcing spouses have is who will keep the family pet after their marriage ends. Arguments about “pet custody” can often become heated. One spouse may even try to maintain ownership of the pet simply to spite the other spouse. If you are planning to end your marriage, make sure to educate yourself about how Illinois' property division laws address pet ownership after divorce.
Pet Custody Laws in Illinois
Although you most likely do not think of your pet as simply another piece of property, pets are treated similarly to other assets during divorce. There are not proceedings for “pet custody” the way there are for child custody. The pet is considered a marital asset if it was acquired by either spouse during the course of the marriage. If the pet was acquired by a spouse before the marriage, that spouse will typically remain the owner after divorce. However, there are some exceptions to this.
Do Divorced Parents Have to Pay for Children's College Expenses in Illinois?
The average cost of a 4-year public college education is just over $45,000. If the student attends a private or out-of-state school, that number can rise to $100,000-$150,000, or even more. Understandably, paying for children's college tuition and fees is a major concern for many parents. The question of how to finance a child's college education becomes even more pressing if the parents are unmarried or divorced. If you plan to end your marriage or were never married to your child's other parent, it is essential that you understand your rights and obligations regarding non-minor support for college expenses.
How Much Money Are Parents Required to Contribute to Their Child's College Education?
Illinois courts have the authority to require parents who are unmarried or divorced to contribute toward their children's college expenses. These expenses may include tuition, housing, textbooks and fees, living expenses, medical insurance, and medical expenses. Courts may order parents' financial contributions to be paid to the child, the university or college, or to either parent.
How Can I File an Appeal After My Illinois Divorce?
Most divorcing spouses hope to avoid going to trial. They may attempt to reach an agreement about unresolved divorce issues through their attorneys, with help from a third-party mediator, or through the collaborative law process. Unfortunately, not every couple is able to reach a settlement outside of court. During divorce litigation, a judge hears arguments and evidence from both sides and then issues a judgment. If your divorce judgment did not turn out the way you had hoped, you may wonder what your options are for appealing the court's decision.
When Should I Seek an Appeal?
Many people assume that they can file an appeal if they disagree with the terms of their divorce judgment. However, successfully appealing a divorce judgment is a complex legal pursuit that is only possible under certain conditions. A person cannot appeal a divorce simply because he or she is unhappy with the outcome of the case. Circuit court decisions, including divorce judgments, may only be appealed if there is a possibility that the decision resulted from errors of law. Examples of situations in which an appeal may be justified include:
My Ex Is Not Paying Child Support. Can I Withhold Parenting Time?
The average cost of raising a child from birth until age 18 is almost $300,000. If you are a single parent, you know just how quickly child-related expenses can add up. Child support is a vital source of financial assistance that many single parents come to depend on. When an obligor parent is not paying his or her court-ordered child support, the recipient parent may wonder what he or she can do to make the other parent pay. In some cases, the parent who is owed child support may decide to withhold visitation, technically called parenting time, from the other parent until he or she becomes current on his or her child support payments. However, withholding visitation can have significant civil and criminal consequences.
Parenting Time and Child Support Are Two Separate Issues Under Illinois Law
Illinois law considers child support and parenting time to be two distinct concerns. A court will not limit a parent's access to his or her children because he or she falls behind on child support. The only time that a parent should be denied parenting time is if there is proof that allowing court-ordered parenting time would present a danger to the well-being of the child. If your child's other parent is not paying child support, this does not negate his or her legal right to parenting time. In fact, by withholding your child from the non-paying parent, you may be violating your parenting plan, and you could face serious consequences as a result. You may face fines, the suspension of your driver's license, probation, mandated parenting classes, and even jail time. Even more importantly, refusing to let your child see the other parent may punish your child more than it punishes the non-paying parent.
Am I Responsible for My Spouse's Debt if We Get Divorced?
Whether it is from medical bills, student loans, credit cards, or another source, most adults have debt. In fact, the average American is about $38,000 in debt. If your spouse has a high amount of debt, you may have questions about who is responsible for paying this debt after you get divorced. You may assume that any credit cards or loans that are in your spouse's name will be his or her sole responsibility after you end the marriage. Unfortunately, this is not always the case. There are several different factors that influence how debt is divided in an Illinois divorce.
Debt is Divided Similarly to Property
Illinois is an equitable distribution state. Any property that was obtained during the marriage is considered part of the marital estate and is subject to division during divorce. Property that a spouse obtained before getting married is considered separate property and is not subject to division. Debt is handled in a similar way. Any debts that were acquired by either spouse during the marriage are generally considered to be marital debts shared by both spouses. Debts acquired before the spouses got married are typically considered separate and are assigned to the spouse who acquired the debt.
What Steps Are Involved in the Illinois Adoption Process?
Deciding to adopt a child is undoubtedly one of the most consequential decisions you will ever make. Whether you are thinking about adoption because of fertility issues, a desire to formally adopt your stepchild, or any other reason, you probably have many questions. The adoption process varies significantly depending on the type of adoption and the circumstances of the case, but there are a few basic steps that are almost always involved in an Illinois adoption.
Avenues for Adopting a Child
One of the most common types of adoption is a relative adoption, such as a stepparent adoption or grandparent adoption. A child can only have two legal parents. If you wish to adopt a child related to you, you may need to first get consent from the child's biological parent(s). One or both parents may need to voluntarily terminate their parental rights before you can adopt the child. A biological parent's rights may be involuntarily terminated by the court if the parent has abandoned, neglected, abused, or consistently failed to show any interest in the child.
How Do Illinois Courts Make Spousal Maintenance Decisions?
If you are planning to divorce, you probably have questions about alimony or spousal maintenance. There are two avenues through which maintenance is typically awarded in Illinois: a marital agreement or a court order. If you and your spouse have already decided upon a spousal maintenance arrangement through a valid prenuptial agreement or postnuptial agreement, you will likely be subject to the terms contained in that agreement. If no such agreement exists, you or your spouse may petition the court for a spousal maintenance order during your divorce. If you are considering divorce, it is important to know the basics of how and when spousal support is awarded in Illinois.
Is Spousal Maintenance Always Ordered During an Illinois Divorce?
Only a small number of divorce cases involve an order for spousal support. When determining whether or not a spouse is entitled to maintenance, the courts consider a variety of economic and circumstantial factors. These factors include, but are not limited to:
When Should a Receiving Parent Challenge a Child Support Modification?
Child support payments after a divorce in Illinois are determined via the Income Shares model. This calculation method takes into account the parents' income and if the parents have a shared parenting arrangement, each parent's allotted parenting time. Either parent may request a modification, or adjustment, to the child support order, however, these requests are not always granted. Sometimes, a parent may try to change a child support order in such a way that it places an unfair burden on the recipient parent. There are some situations in which it may be best to contest a child support modification request.
How Are Child Support Orders Changed?
Illinois child support orders are entitled to a modification review every three years. During a modification review, the Illinois Department of Health and Family Services (IHFS) evaluates each parent's financial circumstances and determines whether or not a child support order should be adjusted. Child support orders may also qualify for a modification if there is a “substantial change in circumstances” that necessitates the change or if the current order does not provide for the child's healthcare needs. If a parent requests a modification but the other parent disagrees, he or she may contest the child support modification.
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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road, Building B, Suite 202Wheaton, IL 60189630-462-9500
