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Recent Blog Posts
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.
3 Tips for Co-Parenting With an Uncooperative Ex-Spouse After Divorce
Raising children is one of the most difficult responsibilities a person can have. Parenting duties are often made even more challenging when parents must co-parent after a high-conflict divorce. If you have recently divorced or are planning to end your marriage soon, you may worry about how you and your ex will manage parenting duties. Effective co-parenting with a spouse who is uncooperative may seem like an unachievable task, but it is possible.
Consider Parallel Parenting
Significant research shows that consistent parental arguing and fighting dramatically impact children – even if the parents are divorced. If you and your ex cannot interact without the conversation devolving into name-calling or insults, consider parallel parenting. Parallel parenting is a parenting style in which the parents each have their own relationship with their children but parent-to-parent communication is kept to a minimum. A strong parenting plan that addresses parenting time schedules and other child-related matters using specific language is key to an effective parallel parenting arrangement.
Should I Have An Open Adoption in Illinois?
Adoption is a beautiful gift that allows a child to have the safe, loving family he or she deserves. If you and your family are considering adopting a child, you likely have a myriad of questions about the process. One issue you may be thinking about is whether or not to have an open adoption. In an open adoption, the adopted child's biological parent(s) continue to have contact with the child. The communication between the biological parents and the child may involve anything from a few letters or emails a year to frequent in-person contact.
Advantages and Disadvantages of an Open Adoption
In a closed adoption, the biological parents do not communicate with their child or the adoptive parents once the adoption is finalized. In an open adoption, the biological parents continue to have some degree of contact with the child. There are certainly benefits to open adoption. The child may feel more secure and have a better sense of identity. The adoptive parents can benefit from the biological parents' support and friendship as well as the ability to ask the biological parents questions about their family medical history. However, having an open adoption can also be tricky to navigate. The biological parents and adoptive parents may not see eye to eye about the child's education, extracurricular activities, religion, or overall upbringing. Honest communication and firm boundaries are the keys to successful open adoption.
How Are Mental Health Evaluations Used in Child Custody Cases?
Approximately one out of every five adults in the United States suffers from a mental illness. Anxiety disorders, depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and borderline personality disorder are some of the most common mental health problems in the United States. Although many people suffering from mental health issues are fully capable of being safe, loving parents, mental illness can influence child custody cases. In some situations, parents involved in a dispute about parental responsibilities or parenting time are required to undergo a mental health evaluation or psychological examination.
When Are Psychological Evaluations Required?
Illinois courts make all child custody decisions based on the child's best interests. If the court has reason to believe that a parent's mental health condition may pose a risk to the child, the court has the discretion to order psychological testing. If a parent believes that the other parent has psychological problems that may endanger the child, the parent can request a mental health evaluation as well. The court may approve or deny this request. Typically, if a parent requests that the other parent undergo a psychological exam, the parent who made the request is responsible for paying the fees associated with the exam.
How Can I Obtain Child Support From a Nonpaying Parent in Illinois?
If you are a single parent, you know just how difficult it can be to pay for child-related expenses on your own. Making ends meet without financial support from your child's other parent can be exhausting. According to Illinois law, both parents are expected to financially contribute to their child's upbringing even if the parents are unmarried or divorced. A parent is also expected to provide financial support even if he or she does not have parenting time, or visitation rights, with the child. If your child's other parent is not paying child support, there are several actions you can take to get the financial assistance you and your child need.
Establishing Child Support
The state of Illinois only has the authority to enforce child support payments that have been legally established. If you and your child's other parent had an informal agreement regarding child support, this is likely unenforceable. To start receiving payments, you will need to obtain an official court order for child support. However, to get an order for child support, your child's other parent must be legally recognized as his or her parent. If your child's father is not paying child support and paternity has not been established, you will need to legally name your child's father before you can obtain a child support order. Depending on your particular circumstances, this may be as simple as having the father sign a Voluntary Acknowledgement of Paternity (VAP). If the father contests his paternity, it may necessitate a DNA paternity test or require other steps.
What Should I Do If I Am Facing False Allegations of Child Abuse?
According to Illinois law, both a child's parents have a right to parenting time unless there is some reason that a child's safety would be at risk around the parent. A parent may lose his or her right to parenting time if he or she has physically, emotionally, or sexually abused the child. Sadly, some parents attempt to use false accusations of child abuse as leverage in a child custody dispute. Not only do unfounded allegations of abuse rob a parent of his or her right to spend time with his or her child, but they also have devastating effects on the child. If you are in the midst of a divorce or child custody dispute and your child's other parent is falsely accusing you of neglect or abuse, speak to a skilled family law attorney as soon as possible.
Gather Evidence
It is hard to believe that a parent would ever resort to fabricating stories of child abuse to manipulate a child custody case, but unfortunately, this scenario is not unheard of. Parents who do not want to share parental responsibilities and parenting time may accuse the other parent of hurting the child or even coach the child to repeat the allegations of abuse. If you have been accused of child abuse, you need to start gathering evidence that will help prove your innocence. This may include text messages, voicemails, letters, and other correspondence between you and the other parent as well as examples of communication between you and the children. Compile a list of family members, friends, neighbors, teachers, daycare workers, and other people who can vouch that you are a loving, non-abusive parent. It is also important to keep track of the times and dates that the children have been under your care. The more information you have, the more likely it is that you can use this information to prove inconsistencies and lies in the other parent's story.
When Is Divorce Mediation Not an Appropriate Way to Resolve Issues?
Family law mediation is a process during which a divorcing couple attempts to resolve issues such as the division of assets, allocation of parental responsibilities, and spousal maintenance. The couple works with a specially trained family law mediator who helps them negotiate the issues, find common ground, and reach practical solutions. Mediation can be a very useful tool in reaching a divorce settlement; however, it is not right for everyone. There are some situations in which mediation may not be an appropriate choice. In cases such as these, it is recommended that the spouses work with their respective attorneys to reach a resolution about the terms of their divorce.
Uncooperative Spouses
Some married couples get a divorce and the split is mostly amicable. The spouses may still have some bitterness toward each other, but they are willing to put those feelings aside to focus on resolving their divorce issues. Other divorcing spouses have deep feelings of hatred or vengeance. If you and your spouse are not able to be in the same room without screaming at each other or your spouse simply refuses to cooperate, mediation may be futile. Mediation is also not the ideal choice when a spouse has a drug or alcohol addiction that prevents him or her from entering into mediation with a clear head.
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The Stogsdill Law Firm, P.C.
1776 S. Naperville Road, Building B, Suite 202Wheaton, IL 60189630-462-9500
