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Domestic And International Family Law Blog

Might conciliation be ordered and hold up my divorce?

Often, Illinois couples who have decided that their marriage is no longer working and they want to get a divorce will want to get it over with as quickly as possible. Both sides might prefer to just move on with their lives as they have determined that a divorce is the preferable course of action. However, not every case is that simple and the person who seeks the divorce could meet with resistance from the respondent, who would like to try and save the marriage. This is where it might lead to the requirement that conciliation be considered before the divorce is granted.

Understanding the law for conciliation is key to a case. The court can determine that the marriage can be saved, or if one of the parties wants to try and save the marriage, there can be an order for a conciliation conference. This will be done in the judicial district where the case is being held or another facility if there is not a court conciliation service available. Even if the spouse who is seeking the divorce does not believe the marriage can be saved, the order for a conciliation conference will likely make it necessary to take part. It does not mean that the divorce will not be granted.

Am I entitled to spousal support in Illinois?

Finances are a common concern in an Illinois divorce and its aftermath. For spouses who were stay-at-home or made significantly less income than the other spouse, there might be a question as to whether they can get spousal support (maintenance) or not. When a case is in progress or the decision to divorce is up in the air and hindered by these financial fears, it is important to understand the law and who can get spousal support.

The court will decide the amount of time for which support will be paid. This does not consider marital misconduct when the decision is made. It can be paid through the income and property held by the other spouse. The court will assess the relevant factors when deciding if support is warranted and how much it will be. The income and property each party has will be considered. That will include marital and non-marital property that the spouse who is seeking support has and the financial obligations that the parties face after the divorce. Each party will have basic needs and these will be factored in.

5 tips for blended families

Blended families-those families who have children from their previous relationships as well as from their current partnership- require more insight and communication.

It can be difficult for children to shift from old rules, old homes and old friends and traditions to new ones. Here are 5 tips that most experts agree help blended families enjoy their time together and find a balance that works. 

What is right of first refusal with child custody in Illinois?

When an Illinois couple has a child and both parents share parental rights, there are certain issues that can be complicated when providing care and making decisions on the child's behalf. This is where the care of minor children and the right of first refusal when providing care becomes important. With right of first refusal, if a parent intends to leave the child with someone else for childcare, then the other parent must be given a chance to care for the child first, unless an emergency precludes seeking out the other parent's position

Property division disputes require experienced legal help

Illinois residents whose marriage is at its end will have many issues that must be settled as they seek to move forward. Some factors like child custody will be first and foremost on their minds. Next, however, financial matters will need to be settled. Property division can range from homes and motor vehicles to businesses, retirement accounts, bank accounts and sentimental items. Having legal assistance with these matters is the first step to take.

Couples who have high-asset property division matters or are of more modest means will be concerned about property division. Real estate can be lucrative and a major asset. Both parties might want to retain the family home either to live in it or to sell it. Should there be an automobile, it could be an essential part of one or both of their lives as they need it for work or personal use. Jewelry and other items of potentially high value could be the foundation for disagreement. Bank accounts, assets and debts will undoubtedly lead to disagreements if the couple cannot come to a consensus.

What if I am facing collection remedies for child support?

For Illinois parents who are obligated to pay child support to the custodial parent, it is important that the payments are made when they are supposed to and are paid in full. If there is an issue with the child support and the custodial parent seeks to receive it through other means, it is possible that the supporting parent will be informed by the state that he or she will have a tax refund or other money taken to pay for past-due child support. Knowing how to handle this situation is important.

In some instances, the supporting parent will agree that there is a delinquency. If so, then there will be a date at which the payment must be received by the other parent. To stop the tax refund or other moneys from being taken to pay the child support, it is critical to pay what is owed. There is a form that will come with the notification and it must be filled out to stop the federal tax refund from being withheld for child support.

When is moving viewed as parental relocations in Illinois?

One of the most difficult issues to deal with in an Illinois divorce is if the custodial parent seeks to move away with the child. The noncustodial parent has the right to parenting time, but this can be made more difficult when there is a decision on the part of the custodial parent to move elsewhere. This move can be within the state or to another state entirely.

The foundation for handling a relocation is understanding how the law defines it. Prior to taking steps to address such a circumstance, knowing the definitions is imperative. Relocation means that there is a change in the residence from where the child primarily lives in the following counties: Cook, Will, McHenry, DuPage, Kane or Lake and the new location will be more than 25 miles away from where the child was. Internet mapping services are used for measurement purposes.

What are the pros and cons of divorce mediation in Illinois?

Divorce mediation is an alternative to litigation that couples can choose to resolve issues. In Illinois, this method involves a neutral third party who assists the parties with resolving conflict. This mediator is responsible for facilitating communication between the parties, and assisting while they negotiate an agreement .

Like any approach, divorce mediation has its advantages and disadvantages.

When can a person be charged with failure to pay spousal support?

One of the most difficult issues to navigate in an Illinois divorce is how much a supporting spouse must pay to the other spouse. Often, these situations can become contentious with the spouse obligated and ordered to pay child support failing to do so. It is illegal to flout the order to pay support. When there is an issue making the payments or a supported spouse is not receiving what he or she is supposed to, the person who is failing to pay can be charged with failure to support. It is important to understand the circumstances under which a person can be charged with this offense.

When there is a willful and unexcused refusal to provide the ordered support to a former spouse amid the knowledge that the spouse needs the support or there is a desertion or willful refusal to provide the support for children, it is against the law. A willful failure to pay support when it is required through a court or administrative order and it has not been paid for more than six months or the person is behind by more than $5,000 while he or she is able to provide that support will be charged.

David Schaffer elected into The Fellows of the American Bar Foundation

David Schaffer of Schaffer Family Law, Ltd, in Naperville has been elected into The Fellows of the American Bar Foundation (ABF). This is a global honorary society of lawyers, judges, law faculty, and legal scholars. Fellows are elected by their peers and membership is limited to one percent of licensed U.S. lawyers and a limited number of international lawyers.

AV Peer Review Rated AVVO Leading Lawyers Find a Better Lawyer Faster American Academy Of Matrimonial Lawyers International Academy of Family Lawyers Super Lawyer David N.Schaffer American Bar Foundation Fellows

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