Divorce & Family Law Attorneys Glenview, Illinois
Chicago Family Law
Divorce can be an extremely stressful time for adults as they separate, but unsurprisingly, it can be even more difficult for children. As your family separates, it is in the best interest of the child or children to legally facilitate child support. If you know you need legal assistance with child support but do not know who to turn to, consider Gordon & Perlut, LLC. They are local to the greater Chicago area and serve clients in Glenview, Illinois. They are accountable, reputable attorneys who specialize in all types of law that relate to your family.
Child Support
The rules that govern child support in Illinois are very clear. Once child support has been awarded, there is little grey area. If child support is awarded by the courts, the “obligor” must pay a percentage of their net income depending on how many children there are. However, there are a lot of factors that come into play to determine whether or not child support will be awarded. The best thing you can do if you are uncertain whether or not you should attempt to gain child support is to find an accountable family law attorney.
Navigating family law in Illinois can be daunting, especially during emotionally charged times like divorce, custody disputes, or financial negotiations. Below is a detailed FAQ guide that addresses the most common questions individuals face when dealing with family law issues in Illinois.
Illinois Family Law Frequently Asked Questions
Who Can File for Divorce in Illinois?
In Illinois, at least one spouse must have resided in the state for a minimum of 90 days prior to filing for divorce. This residency requirement ensures that the court has jurisdiction over the case. It is important to gather necessary documentation, such as proof of residency, when preparing to file.
How Long Does a Divorce in Illinois Take?
The duration of divorce proceedings can vary significantly based on whether the divorce is contested or uncontested. Uncontested divorces, where both parties agree on terms such as property division and child custody, may be finalized in as little as two months. However, contested divorces—especially those involving disputes over child custody, visitation, or division of assets—can take six months to a year or more to resolve. Factors influencing the timeline include court schedules, complexity of issues, and the willingness of both parties to negotiate.
How Much Does It Cost to Get Divorced?
The overall costs associated with divorce can vary greatly depending on the county and the complexity of the case. Filing fees are typically uniform across counties, but attorney fees can fluctuate based on whether the divorce is amicable or disputed. For example, attorney fees for contested divorces are generally higher due to the increased time and resources required. Couples opting for a joint simplified dissolution can expect lower costs, as this streamlined process is more affordable, but they must meet specific eligibility requirements, such as having a short marriage, no children, and limited shared assets.
What Is the Difference Between Custody and Parenting Time?
In Illinois, the term “custody” has been replaced with the concepts of “allocation of parental responsibilities” and “parenting time.” The allocation of parental responsibilities refers to the decision-making authority regarding the child’s welfare, which includes education, healthcare, and religious upbringing. Parenting time dictates the schedule for how much time the child spends with each parent, emphasizing equal opportunity for both parents to be involved in their child’s life.
How Does the Court Decide Parenting Time?
When determining parenting time, the court’s primary concern is the child’s best interests. This assessment involves examining several factors, including the child’s existing relationship with each parent, the capacity of each parent to cooperate and communicate effectively, and any documented history of abuse or neglect. Courts aim to foster strong, healthy relationships between the child and both parents unless doing so would jeopardize the child’s well-being.
Can Parenting Time Be Modified?
Yes, once a parenting plan is established, it can be modified under certain circumstances. Substantial changes in the situation—such as a parent relocating, changes in work schedules, or new relationships—may justify alterations to the parenting plan. To modify parenting time, a parent must file a petition with the court, outlining the reasons for the requested changes and demonstrating how these changes serve the best interests of the child.
How Is Child Support Calculated in Illinois?
Illinois employs an income shares model for calculating child support, which considers both parents’ incomes along with the parenting time each parent has. This system aims to reflect the child’s needs and the parents’ financial capacity to provide support. The model, which came into effect in 2017, replaced an earlier percentage-based approach and allows for more equitable calculations based on actual costs of raising a child.
Can Child Support Be Changed?
Yes, child support obligations can be modified if either parent experiences a significant change in circumstances. Examples include a substantial increase or decrease in income, job loss, changes in employment, or adjustments in parenting time. To initiate a modification, the parent seeking the change must present evidence of the new circumstances to the court for reassessment of the support obligation.
What Happens If a Parent Doesn’t Pay Child Support?
Failure to pay child support can lead to serious consequences. The court can enforce payment through mechanisms such as wage garnishment, which deducts funds directly from the non-compliant parent’s paycheck. Additionally, failing to pay may result in the suspension of driver’s licenses or professional licenses and can lead to the possibility of jail time in extreme cases. The Illinois Department of Healthcare and Family Services is equipped to assist custodial parents in enforcing child support orders.
What Is Spousal Maintenance?
Spousal maintenance, commonly known as alimony, refers to financial support that one spouse pays to the other following a divorce. The purpose of maintenance is to provide the lower-earning spouse with the necessary financial assistance to maintain a standard of living similar to that experienced during the marriage.
How Is Maintenance Determined?
In Illinois, maintenance amounts and durations are guided by statutory formulas that consider the incomes of both spouses, the length of the marriage, and factors such as the needs of the recipient spouse and the payor’s ability to provide support. Courts may deviate from these guidelines if there are compelling reasons to do so, such as unique financial situations or contributions to the marriage that warrant special consideration.
Can Spousal Maintenance Be Modified or Terminated?
Yes, spousal maintenance can be modified if there are significant changes in circumstances. This includes changes in income for either party, the remarriage of the recipient spouse, or the retirement of the paying spouse. Termination of maintenance can also occur if the recipient begins cohabiting with a new partner, as this can impact their financial needs.
How Is Property Divided in Illinois?
Illinois adheres to the equitable distribution model when it comes to dividing property during a divorce. This means that marital property—assets acquired during the marriage—will be divided fairly, though not necessarily equally. Courts evaluate numerous factors in this process, including the contributions of each spouse during the marriage, their economic circumstances, and the length of the marriage.
What Counts as Marital Property?
Generally, marital property includes any assets obtained during the marriage, regardless of whose name is on the title. Common examples include homes, vehicles, and joint bank accounts. However, specific exceptions apply to certain types of assets, such as inheritances or gifts received by one spouse, which are typically considered non-marital property and are not subject to division.
What About Marital Debts?
Similar to property, marital debts are also divided equitably. Courts will assess who incurred the debt, for what purpose, and the economic situation of both spouses. For instance, debts that are tied to marital assets—like a mortgage—are usually shared between both parties, while debts that were solely incurred by one spouse may be allocated to that spouse alone.
Do I Need a Lawyer for Divorce or Family Law Matters?
While hiring an attorney is not a legal requirement in Illinois, it is highly advisable—particularly in contested cases or those involving complex issues such as custody arrangements or significant financial assets. An experienced attorney can ensure that your legal rights are protected and provide guidance through the complex legal processes involved in divorce cases.
What Is a Joint Simplified Dissolution?
A joint simplified dissolution is a streamlined process designed for couples who meet specific eligibility requirements. This process is suitable for those with short marriages, no children, minimal assets, and mutual agreement on all key terms. The joint simplified dissolution can be completed faster than traditional divorce processes and is typically less costly, but it may not be appropriate for all situations.
Can I Represent Myself in Family Court?
Yes, individuals have the right to represent themselves in family court. However, self-representation can present significant risks, especially in complicated cases involving children or substantial assets. While Illinois courts provide resources and guidance for pro se litigants, obtaining legal advice is highly beneficial, particularly when the outcomes can tremendously impact personal and financial futures.
Call Our Glenview Family Law Attorneys Today
If both spouses mutually agree that irreconcilable differences exist, the law in Illinois allows them to bypass the mandatory separation period typically required. This means they can initiate the divorce proceedings immediately without any waiting period. However, if one spouse does not consent to the divorce and contests it, Illinois requires a mandatory six-month separation period before the court can presume that irreconcilable differences exist. This separation period serves as a cooling-off phase, allowing both spouses to reconsider their decisions.
Unfortunately, divorce and separation can lead to anxiety and uncertainty. If you are sailing through rough waters and aren’t sure what to do next, make sure your children are legally protected by doing your due diligence and covering your bases. Be certain your children are adequately provided for, now and in the future, with child support. We proudly serve members of the Glenview, Illinois community and the greater Chicago area. Call M. Scott Gordon at 312.360.0250 to learn how you can protect your children’s futures.