Will County Divorce Lawyers | DuPage County Family Law Attorneys

Will More Parenting Time Reduce My Illinois Child Support Obligation?

Posted on June 08, 2020 in Child Support

Joliet Courthouse child support attorney

When it comes to modifying child support obligations in Illinois, a court must answer one basic question: Has there been a “substantial change in circumstances” justifying a departure from the original award of child support? What qualifies as a “substantial change” will depend on the facts of a given case. But one thing to keep in mind is that if a change was anticipated or expected at the time of the parents’ divorce, that alone will not guarantee that a court will increase or reduce a non-custodial parent’s support obligations. Below is a recent court case that involves parenting time and a request for a child support modification in Illinois.

Court: Will County Father Not Entitled to Reduce Support

A Will County case from earlier this year, In re Marriage of Connelly, helps to illustrate what Illinois judges look at when considering a request to modify support. The parents in this case divorced in 2015. Under a joint parenting agreement (JPA) approved by both sides, the mother became the residential parent, with the father receiving certain visitation or parenting time rights. A subsequent marital settlement agreement (MSA) required the father to pay 28 percent of his income as child support.

Can I Relocate With My Child Out of State After an Illinois Divorce?

Posted on May 29, 2020 in Child Custody

Bolingbrook child custody attorney parental relocation

It is not uncommon for one parent to move out of state following a divorce from the other parent. But when it comes to relocating with a minor child, an Illinois court must first determine if such a relocation is in the child’s best interests. Illinois law establishes a list of factors for the court to consider, including the circumstances and reasons for the relocation, the child’s educational opportunities at the new location, and whether the court can fashion a reasonable parenting plan if the move is allowed.

Illinois Court Reconsiders Earlier Decision to Deny Mother’s Request for Relocation

The parent seeking relocation bears the burden of proving that a proposed move will benefit the child. No parent should ever relocate under the assumption that the court will simply allow him or her to take the child along. In addition, should a court decide to reject a proposed relocation, the parent’s options for appeal can prove quite limited.

Does Illinois Require Divorced Parents to Pay for College?

Posted on May 22, 2020 in Divorce

Child support obligations do not always end when a minor turns 18. In Illinois, the law also provides for non-minor support obligations. Specifically, a parent may be required to make certain “contributions” toward their adult child’s college expenses. Section 513 of the Illinois Marriage and Dissolution Act authorizes a judge to make such orders. Unless the parents agree otherwise, the court will not order parents to support their child’s education past their 23rd birthday. (In exceptional circumstances, this may be extended to the child’s 25th birthday.) In this context, educational expenses include not only tuition but also housing, medical, and other “reasonable” living expenses. That said, a parent is not obligated to pay the full cost of an out-of-state private school. Illinois law caps a parent’s total obligations based on the current in-state tuition and room and board rates used by the University of Illinois at Urbana-Champaign.

Can a Judgment Be Enforced if a Spouse Dies Before a Divorce Is Final?

Posted on May 18, 2020 in Divorce

Divorce cases in Illinois often take many months--and sometimes years--to fully resolve. During this time, it is possible that one spouse may pass away. If this happens, what effect does it have on the divorce case? For example, can the surviving spouse enforce a property division order against the deceased spouse’s estate?

Deceased Husband Owes Wife $25,000 for Misconduct in Divorce Case

A March 2020 decision from the Illinois Third District Appellate Court, In Re Estate of Strong, addressed the rights of a person to assert a creditor claim against the estranged spouse’s estate. In this case, the husband and wife married in Germany in 1986. The husband returned alone to the United States in 2013 and filed for divorce in Illinois a year later. When the wife failed to respond, the Illinois court granted the husband a default judgment of divorce.

Can I File for a “No-Fault” Divorce in Illinois?

Posted on April 20, 2020 in Divorce

Will County child support attorney

There are many circumstances that can lead to a divorce, and every situation is unique. Illinois divorce law makes it somewhat easy to justify your reason for wanting to legally end your marriage. Citing irreconcilable differences is the only grounds for divorce in Illinois. However, nothing about divorce feels that simple when you are going through it, so having the assistance of an experienced divorce attorney can make the proceedings less intimidating. As you are preparing to file, it is important to consider the several routes that a no-fault divorce can take.

Illinois’ Divorce Laws

In Illinois, you do not have to find fault with your spouse to legally justify your reason for wanting a divorce. In the past, you would have to prove that your spouse was adulterous, an alcoholic, abusive, or engaging in other harmful behaviors. Since Illinois is a no-fault state, you can file at any time and get divorced in a fairly quick manner if both you and your spouse consent to the terms of the settlement. Your divorce decree will contain information on spousal support, property division, as well as child support and parenting time if you have children.

Part 5: When Collaborative Divorce Fails: The Cost of Starting Over and Prolonging the Divorce

Posted on April 14, 2020 in Uncategorized

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

Even when couples enter into a collaborative divorce with the best intentions, sometimes the process breaks down and parties must take a more litigious route to complete their divorce. The failure of the collaborative process may occur for various reasons, and when it does, starting over can be expensive.

When a couple enters into the collaborative process they should be confident that they will be able to proceed in an agreeable and cooperative fashion. However, once the divorce is underway, it is not uncommon for unforeseen issues to arise, and spouses may realize that they are not in agreement on as many areas as they had expected.

Part 4: Collaborative Divorce Practice May Attract Inexperienced Attorneys

Posted on April 14, 2020 in Uncategorized

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

The collaborative approach to divorce, when it proceeds as it is intended, is a respectable option for completing a divorce. There are, however, drawbacks to every approach, and collaborative law is not without its flaws. One such flaw is the tendency of collaborative law to attract inexperienced attorneys. As the name implies, the collaborative approach is designed for parties who are able to work together in a non-confrontational manner toward the common goal of ending their marriage. The parties agree up-front to proceed with honesty and in good-faith, and so approaches associated with traditional divorce such as courtroom appearances and extensive, detailed collection of financial information on a case, may be severely curtailed.

Part 3: Choosing Collaborative Divorce Complicates Addressing Future Post-Decree Issues

Posted on April 14, 2020 in Uncategorized

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

In the years after a divorce is finalized, sometimes couples find it necessary to make changes to their divorce decree. Understandably, individuals often choose to return to the attorney who handled their divorce to make these post-decree changes. It may come as a surprise to them that, by initially participating in what is known as the “collaborative” divorce process, it may not be an option to return to their original collaborative divorce attorney for post decree issues.

There are many situations that may arise in which an update to a decree is warranted. Whether it is a matter of terminating maintenance due to the receiving party cohabitating, clarifying how the parties will pay for college tuition, or negotiations due to one party’s desire to relocate minor children, post-decree issues such as these are relatively common. Those who choose to return to the attorney who handled their divorce case do so for several reasons. First and foremost, a returning client often feels that their attorney represented them well in their divorce, and there is no substitute for a skilled and effective attorney. Additionally, a divorce attorney is required to maintain their client files for seven years after the conclusion of a case. This means that for that length of time all the documents, financial information and personal information related to the case are readily available through the original attorney. Eliminating the need to re-compile this information saves considerable time and expense. Finally, an individual is likely to return to the attorney who has personal knowledge and the details of their case, and with whom they have previously established a working relationship and a level of comfort.

Part 2: Lack of Formal Discovery Process Raises Concern in Collaborative Divorce

Posted on April 14, 2020 in Uncategorized

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce.

When a couple is going through a divorce, one of the most important initial components is to establish the assets that they have compiled together during the marriage. In a traditional divorce, when attorneys formally request this information from both parties, it is known as the “discovery process”.

The full discovery process may include subpoenas, interrogatories, depositions, and other motions regarding discovery and investigation and presentation of financial matters. It is not uncommon in a marriage for one spouse to handle all the finances, and for the other to have little knowledge of the couple’s expenses, account balances, investments, and debt. When entering into a divorce, it is important that both parties have a clear picture of their financial situation. To that end, the ultimate goal of the discovery effort is to accurately and completely identify the assets of the parties so that they may be divided in a fair and equitable manner.

Principles for Helping Your Children Through the Divorce Process

Posted on April 14, 2020 in Uncategorized

The divorce process can be emotionally and economically draining on families. Over the years as a divorce attorney in Naperville, Illinois, I have found that the periods before and after the divorce are the most challenging times in my clients’ lives. And, the process of divorce can be particularly difficult for children of divorcing parents.

Children Through the Divorce Process When children are involved, the ideal scenario is that the divorcing parents are amicable and that they cooperate, not only in the divorce process, but in supporting the children during this time. However, not all divorces are amicable, and in this case it is even more crucial for parents to consider the emotional health of their children before, during, and after the divorce. The following guiding principles should be considered by any parent confronting a divorce.

Principle 1 – Encourage your child to have a positive relationship with your spouse during and after the divorce. Do not allow your child to overhear conversations about your spouse and your divorce, or make negative comments directly to your child about the other parent. It is important that children feel safe and know that both parents love and support them. Treating your spouse with respect and presenting a united front to the children will allow the children to maintain positive feelings toward both parents. If possible, parents should meet with their children together to explain the divorce.