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December 2014 Archives

Needs covered by child support

Parents on either side of child support situations in Illinois may wonder about the types of expenses that can be covered by the amount to be paid. The parent owing support may wonder about issues such as the other parent's accountability for how the funds will be used. The parent receiving support payments may be concerned about the duration of support payments and whether expenses such as college might be covered after a child reaches the age of majority.

When other states may have jurisdiction in child custody cases

Starting a child custody case may be challenging for a parent if one does not know which state has jurisdiction. An Illinois resident would likely file in Illinois in many situations, but exceptions can occur. A state that a child has lived in for six consecutive months or more with a parent or guardian is considered the child's home state, and this is where custody requests must be filed. The state an infant has resided in from birth counts as the home state when a baby is younger than six months old, and temporary absences from a state do not change the status of one's home state.

Orders of protection during divorce proceedings

Spouses in Illinois sometimes wish to get an order of protection put in place before, during or after a divorce. An order of protection may be necessary when one spouse has committed acts of violence during the marriage. In other cases, an individual may wish to assert some legal boundaries after a divorce to prevent their ex-spouse from stalking or harassing.

Procedures for relocation by a custodial parent

As Illinois residents may know, relocation for a better paying job, family assistance with children or education is common in today's mobile society. A custodial parent may face obstacles, particularly if the child custody arrangement does not make provision for this alteration. It is important to know what is expected to make the transition easier.

Why Americans shouldn't worry about the divorce rate

Although most Illinois residents have probably heard that about 50 percent of all U.S. marriages end in divorce, new statistics indicate this is no longer true. According to a New York Times blog, not only does the high amount of divorces that took place in the 1970s and 1980s seem to be an anomaly, but the divorce rate also seems to be declining.

Deciding the best interests of the child

An Illinois parent faced with a custody situation or the possible termination of parental rights may wonder about the considerations that factor into the decisions regarding a child's best interests. There is not an exact standard used in making custody decisions, and factors unique to a specific case may play an important role in a judge's decisions.

Challenges in Illinois paternity cases

Involvement of both parents in the life of their child can be beneficial for that child, but uncertainties about paternity can create stress as well as questions for various parties. There are various scenarios that could result in a paternity challenge, and either a mother or a father can make such a challenge. Proper identification of a biological father is helpful due to the legal, relational and medical benefits that are available to a child whose parentage is known. However, errors in identification can occur either due to problems with testing or falsification of information.

Spouses who inherit assets must be careful when using them

Illinois residents who inherit money or other assets while married need to be cognizant of what they do with this inheritance lest they lose it during a divorce. Inheritances received before or during a marriage are deemed to be separate property that can't be touched during a divorce.

Legal divorce requirements in Illinois

The legal requirements for divorce may vary from state to state. For example, in Illinois, at least one spouse must have lived in the state for a minimum of 90 days. On the other hand, there is no waiting period to have a divorce finalized. Individuals can seek a no fault divorce after they have been separated for a minimum of two years. A no fault divorce means that a spouse does not have to prove that the other did anything wrong. The grounds for a no-fault divorce are simply that the relationship is beyond repair.

Let our law firm help you with your spousal support order

When dealing with the issue of spousal support or maintenance, formerly termed alimony, many divorcing couples are faced with a variety of complications. Serving the greater Illinois area, my experience as a spousal maintenance attorney allows me to understand those complications so that I can offer you the assistance you need. I have worked hard for more than two decades helping individuals achieve a fair spousal maintenance order. If you believe you deserve spousal maintenance, I may be able to assist you with your case.

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