In Illinois divorce cases that involve children, few issues are more pressing and consequential than the allocation of parental responsibilities. Illinois courts generally assume that it is in the best interests of the children for both parents to stay involved in their children's lives. However, this is a rebuttable presumption. 

Parents must construct a written parenting plan that sets forth the responsibilities to be undertaken by each spouse regarding their children after the divorce is finalized. However, life has a funny way of throwing us curveballs when we least expect it. Combining that with children growing older and situations changing, it may become necessary to modify the parenting plan you created with your spouse during your divorce. 

This blog will look at situations that may signify it is time to modify your parenting plan to reflect your children's needs best. If you are interested in changing your parenting plan, do not hesitate to contact a knowledgeable divorce attorney who is well-versed in issues relating to children of divorced parents and the modification of parenting plans. 

A major concern within divorce cases that involve families with children is that divorce is widely known to have a significant impact on children, an impact that is rarely a positive one. As a result, issues related to child custody are navigated with the utmost seriousness, as many decisions made regarding child custody will, in all likelihood, play a major role in the development of the children involved. Many questions need to be answered when deciding which parent a child will live with once the divorce has been finalized. 

In Illinois, a court will determine the child's "best interests." Many factors go into making this decision, like the wishes of the parents, the needs and desires of the child, the physical and mental health of all the parties involved, and more. However, it is critical to state that just because a judge may listen to the wishes of the child does not mean the judge is obligated to fulfill the child's preferences. In this blog, we will look at how a child's wishes may or may not influence parenting time allocation and parental responsibilities in divorce and child custody cases. 

So, Can a Child Choose Which Parent to Live With?

The short answer is no; a child cannot simply choose which parent they will live with. The court understands that just because a child wants to live with a particular parent does not automatically mean that the child's wishes are in their own best interests. For instance, a child may be influenced to choose a parent who has promised them gifts or something of that nature. While the parent may be a great gift giver, this does not mean that living with that parent is in the child's best interest. 

Regardless of whether you have recently started the divorce process or have completed the process before last year ended, you will need to think carefully as you prepare to file taxes. Notably, your filing options will depend mainly on factors such as the date of your divorce and terms of the divorce agreement. While getting a divorce is undoubtedly challenging, hiring a highly knowledgeable divorce attorney to help guide you through the process can make it as seamless as possible. 

What to Know About Married Filing Jointly

If you are still married at the end of the tax year, you may still choose to file jointly and receive the benefits, which may include a better standard deduction offered only to married couples. You may also choose to file as married filing separately. 

What to Know About Filing Single

If your divorce has been finalized as of December 31, you will be prohibited from filing married separately or jointly. If you do not have any children or dependents, you will be required to file single, although if you do have a qualifying child or dependent, you may be able to file as head of household. 

When most people think of divorce, they think of high-drama courtroom proceedings, such as in critically acclaimed films about divorce, like Marriage Story and Kramer vs. Kramer. Perhaps Hollywood is to blame for the incorrect assumption that all divorces equal never-ending drama and heartache, with personal dealings spilling out in a courtroom for all to hear. However, you may be surprised that this is only sometimes the case. In fact, divorce does not need to be a dragged-out and expensive spectacle. 

A collaborative divorce is an option that has been gaining in popularity in recent years, and rightfully so. This blog will delve deeper into the various benefits of collaborative divorce and why collaborative divorce is often the preferred divorce method for so many people. If you want to get a divorce but want to save yourself the emotional turmoil that usually follows divorce and courtroom litigation, contact an experienced attorney who has dealt with collaborative divorces to help protect your rights and guide you through the process. 

 So, What Are the Benefits of a Collaborative Divorce? 

Remember that with collaborative divorce, you and your spouse will still be strongly encouraged to retain attorneys to help guide you through the collaborative divorce process. However, everyone will work together to come to an agreement. Furthermore, there are various benefits to collaborative divorce. These benefits may include the following:

In the state of Illinois, matters related to child support are taken very seriously. Since child support directly affects the children of parents who have gone through a divorce, the courts in Illinois are often prepared to place a financial burden on non-custodial parents who have been ordered to pay child support but have failed to do so. In addition, while non-custodial parents may be held in contempt of court for refusing or failing to pay child support, cases involving failure to pay child support are often taken care of before contempt charges are filed. 

To help ensure child support payments are made, the wages of the non-custodial parent may be garnished. In cases involving wage garnishment, the employer of the non-custodial parent will be responsible for deducting a specified amount. In this blog, we will look at how exactly wage garnishment for child support works and what happens in cases where employers do not pay. If you are involved in a situation where your ex-spouse fails to make child support payments, contact a knowledgeable attorney familiar with wage garnishment when collecting child support payments. 

So, How Does Wage Garnishment for Child Support Work? 

In cases where a parent has not received court-ordered child support payments, that parent can petition the court to garnish the non-custodial parent's earnings. The amount of money garnished from the non-custodial parent may involve ongoing payments and any back payments and interest owed. If the court approves the petition to garnish the non-custodial parents' wages, as much as 50 percent of their wages may be deducted. In cases where a non-custodial parent does not have other support obligations, such as spousal support from another relationship, as much as 60 percent of their wages may be garnished. If a non-custodial parent is more than 12 weeks behind on their child support payments, an additional five percent may be garnished from their wages.