Posted on September 16, 2022 in Divorce

After many years of marriage, a couple’s asset portfolio is often complex and made up of both personal and marital property. This is especially true if a couple was married in later adulthood when each partner owned a significant number of private assets and later inherited further assets. While some of a couple’s asset portfolio is likely protected in a prenuptial agreement, this does not typically prevent or proscribe the division of assets a couple accumulated over the course of their marriage, nor will it usually detail what to do with assets that may have become commingled over many years. To learn more about how complex and high-value assets are handled in an Illinois divorce, read this brief overview and then contact an experienced divorce attorney for help.

What Are Complex Assets?

The easiest way to define a complex asset is to define what it is not: Cash, savings accounts, and other liquid assets with a definitive value are not complex assets, even if they are of significant worth. Complex assets, instead, are assets that are made up of many parts: investment portfolios, family businesses, collections, and other assets which need to have more than one component assessed. Valuing these assets takes time and usually requires the help of a specialist.

Continue Reading ››

 Posted on September 12, 2022 in Child Custody

When divorce in Illinois is a messy emotional affair, it typically comes on the heels of an equally messy relationship. Couples often experience many years of difficult interpersonal conflict before deciding to get divorced, with the result that they may not want anything to do with each other once the divorce is finalized - even if they share minor children.

It is easy for partners who changed their last name when they got married to revert to their original last name after a divorce is finalized - doing so can simply be part of the divorce judgment. However, parents who want to change their minor child’s last name as well can run into significant challenges.

When Can a Child’s Last Name Be Changed After Divorce?

Every decision that affects a child’s life after divorce is under scrutiny by the court. Parenting time, allocation of parental responsibilities, where a child lives - these things must all be approved by a judge and parents can be penalized for not following a court-ordered child custody order.

Continue Reading ››

 Posted on September 09, 2022 in Child Custody

Parents who are divorced, legally separated, or who have never been married need to create a parenting plan for shared children under age 18. Older children, who are more independent, are often easier to make flexible arrangements for. Younger children require more attention and care, but as long as they have what they need, they can transition well between their parents’ homes. For newborn babies and very young children, however, moving between houses can prove quite difficult. Although Illinois law gives no automatic preference to either parent, there is no question that newborn infants are primarily dependent upon their mother for constant care, especially when it comes to the issue of breastfeeding.

Can a Father Get Shared Custody of an Infant?

When most parents speak of “shared custody,” they mean both decision-making authority and the right to spend time with their child. In Illinois, these terms are distinct as known as “parental responsibilities” and “parenting time,” respectively. While parents of an infant may easily share parental responsibilities, sharing parenting time can prove trickier.

Continue Reading ››

 Posted on September 08, 2022 in Child Custody

Divorcing parents in Illinois frequently disagree about the best way to arrange shared parenting time and parental responsibilities. After so many years of an unhappy marriage, it can feel like negotiating your relationship with your child is too much to ask. Many children are caught between parents who cannot agree on a parenting plan and often, both the parents and children are dissatisfied with the eventual outcome.

But children grow older and as they do, they begin to develop more mature relationships with their parents. This can include a more nuanced perspective on their parents’ divorce, as well as strong preferences for a parenting arrangement that may be different from the current court order. As a child’s personality continues to develop, he or she may express a desire to spend more time with one parent than the current schedule allows. For the parent with whom the child wants to spend more time, this may be a welcome adjustment - but where do you go from here?

Continue Reading ››

 Posted on September 02, 2022 in Wills and Trusts

Setting up an estate plan for the first time can be a daunting task. Not only does it confront you with potentially uncomfortable questions ranging from the practical to the existential, but it also requires careful accounting of your assets and detailed planning for the future. Fortunately, you are not required to manage your estate plan alone. Experienced attorneys who have no motive but to protect your wishes are available to help you identify the type of estate planning instruments that will benefit you the most. One common feature of an estate plan is a trust.

What is a Trust?

A trust is a fiduciary (financial) arrangement that allows someone to give their assets to a designated person (trustee), who will manage or hold the assets until they pass on to the trust’s recipients (beneficiaries). People who have specific plans for their money, property, or heirloom belongings after they pass away commonly use trusts to ensure their wishes are protected.

Continue Reading ››

 Posted on August 29, 2022 in Family Law

As divorced parents all over Illinois prepare to send their children back to school, inflation has caused the prices of many school goods to increase substantially. When backpacks, pencils, and textbooks cost as much as 15 percent more than they did last year, even the basics can be hitting parents’ wallets hard. This might raise an awkward question: Who is responsible for paying for school supplies when parents are divorced?

Does Child Support Cover School Expenses?

During a divorce, appropriate child support payments are calculated using the Illinois income shares method. Using the incomes of both parents, the time each child spends with each parent, and each child’s legitimate needs, child support payments are set and cannot be changed without proving a substantial change in circumstances.

The everyday costs of raising a child are considered part of the child support equation. This includes clothes, food, extracurricular activities, and educational supplies. The parent who has the majority of parenting time should be receiving enough child support to cover the cost of school supplies each year.

Continue Reading ››

 Posted on August 24, 2022 in Spousal Support

Illinois is a no-fault divorce state. This means that, no matter how poorly spouses treated each other during their marriage, the only fault that can be given when a couple gets divorced is "irreconcilable differences." With few exceptions, divorce judges do not take a spouse’s behavior during a marriage into consideration when he or she is making decisions about the outcome of the divorce.

For a spouse who has been wronged, this can feel deeply unfair. After all, it makes sense that someone who ruins a marriage with unforgivable acts of infidelity should not have the right to make the same demands of their spouse as someone who has been faithful. Unfortunately, this is how the law works in Illinois. But this does not mean that you cannot use the law to your advantage if your spouse is already with someone else and is asking you for alimony.

Can I Fight My Ex’s Alimony Petition if They Have Another Partner?

In Illinois, alimony is technically known as "spousal maintenance." While spousal maintenance is awarded less often than it used to be, for spouses who have been married for a long time and who have a significant difference in their ability to make money, spousal maintenance is still common.

Continue Reading ››

 Posted on August 19, 2022 in Child Custody

Today more than ever, families are made up of parents who were born in different countries. On top of that, the ease of international travel makes divorced parents traveling out of the United States with underage children a very common occurrence. But in the bustle of preparing for a long journey, parents often do not think about what they need to do before leaving the country with a child after divorce. To avoid any legal complications that could prevent you from leaving the country, it is essential to do these things before leaving the U.S. with your child.

Get Your Child’s Passport

Regardless of the parents’ relationship status, all children under the age of 16 must have both parents’ authorization to get a passport. This may require both parents to be present at the passport meeting, although getting a signed permission form may also be possible. If just one parent has parental responsibilities, or if one parent has had their parental right terminated, the parent with authority over the child must prove there is not another parent who needs to give their consent. Passports for children are only valid for five years, so if you already have passports, be sure to check the expiration date. Many countries will not let visitors enter if their passport expires within six months.

Continue Reading ››

 Posted on August 17, 2022 in Divorce

Divorce brings many changes and a new school year can heap challenge upon challenge for newly divorced parents who are managing children’s schedules from two different households. The first school year can be especially difficult as you come up with new strategies for managing the new and old problems that come with having minor kids in school. Here are four situations that Illinois parents frequently encounter during the school year and some suggestions for handling them smoothly.

Homework and School Projects

It is important for parents to be on the same page about enforcing homework rules and expectations. This is especially true for bigger projects and tests that can take weeks to complete or prepare for and which may require supplies to be moved between households. The more a routine can be predictable and simple, the easier it will be for kids and both parents to follow.

School Lunch

Whether your child buys lunch at school or takes lunch with them is less important than everybody knowing what to expect. After all, the last thing you want is for a kid to be surprised at school with an empty lunch account balance and a hungry stomach. If a child is eating school lunch, make sure you discuss how to manage the costs (this can be a great issue to address in your parenting plan). If you need to reimburse the other parent for the cost of food, do it directly through them, not your child.

Continue Reading ››

 Posted on August 16, 2022 in Estate Planning

While many stepparents come to have close relationships with their stepchildren, other stepparents do not nor even wish to. Step-families are often a complex mix of histories, emotions, grievances, and perceived injuries, making warm relationships difficult to establish and nurture.

Whether one feels positively or otherwise about his stepchildren, when it comes to estate planning, certain questions must be answered. Does a stepparent need to specifically address stepchildren in the estate plan? Is a stepparent a terrible person if they choose to specifically exclude their stepchildren or even one particular stepchild? If you are learning more about creating an estate plan, read on and then contact our Illinois estate planning attorneys for skilled legal assistance.

Do Stepchildren Have Rights to an Estate?

The good news for stepparents who are not interested in making their stepchildren part of the estate plan is that, unless they are adopted, stepchildren have no inheritance rights. Even if they are not mentioned in an individual’s will, stepchildren do not have standing to claim an inheritance from a stepparent. Stepchildren who are adopted are treated the same as biological children.

Continue Reading ››