What is a Parent's Right of First Refusal?

 Posted on March 08, 2019 in Child Custody

Sharing parenting time is not ideal, but is a necessary part of allowing a child to maintain a significant relationship with both parents after a divorce. Parenting time encompasses a designated period in which a parent is allocated childrearing duties and the authority to make daily decisions for the child’s care. This division of parental responsibilities is typically shared between divorced parents, and the purpose is to foster a continuing connection between the child and each parent because this support is important to the child’s development and well-being.

The expectation is that each parent will be the person who cares for the child during his or her allotted time. Of course, things come up and it is understandable that changes to schedules are necessary, including the use of a babysitter. However, if using third-party childcare during scheduled parenting time becomes a pattern, or is expected to last for an extended period of time, the other parent may be able to exercise a right of first refusal and keep the child instead.

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Tips for How to Negotiate a Parenting Plan

 Posted on March 06, 2019 in Child Custody

One of the main priorities of any divorcing parent is to figure out how to create a parenting plan that best supports the child’s development and allows each parent sufficient time and input in the child’s life. There is no one-size-fits-all approach to these agreements because the needs of each child and the circumstances of each family differ.

The most important aspect of any parenting plan is that it includes terms the parents can follow without constant conflict. This is often easier said than done due to the strong emotions involved after divorce. The court expects parents to make a genuine attempt to settle matters on their own, and while a family law judge must approve any plan, the specifics should be worked out between the parents. Courts do not have the capacity to fully analyze and understand the unique dynamics of a family, so any parenting plan created by a judge will be somewhat standard and generic as a result. This risks future litigation to enforce or modify the parenting agreement, a situation that is detrimental to the child’s well-being.

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The Illinois Deadbeat Parents Law Regarding Child Support

 Posted on February 28, 2019 in Child Support

Child support payments are frequently ordered as a result of divorce proceedings, but they can occur in a variety of different circumstances. If an existing agreement mandates child support payments, it is imperative you make them as scheduled. Failure to do so can lead to dire consequences for your children, who may depend on these payments to get the clothes they need, nutritious food to eat, and school supplies.

The Illinois courts have laws to dissuade non-payment by enacting harsh penalties for delinquencies. If you are having difficulty making payments, it is vital you request a child support modification to avoid breaking these laws.

Refusal to Pay Child Support

Many child support payments withdraw directly from the non-custodial parent’s paycheck. The employer deducts the mandated payment per the provided court order. The employer then forwards payments to the State Disbursement Unit (SDU), which then disburses the money to the recipient. Each step in the child support process is recorded in a database with the Illinois Department of Healthcare and Family Services and the Division of Child Support Enforcement. If a payment is missed, DCSE or HFS sends a notice to all parties that the amount is past due.

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Reinventing Yourself After Divorce

 Posted on February 27, 2019 in Divorce

Your life after divorce is different than married life, or even your life before your marriage. Being married likely changed you, for better or worse, and your divorce will change you again. Now is the time to decide your vision for your post-marriage life. No matter what, your life will change, and it is up to you to create the experience you want.

Try these helpful tips for reinventing yourself after the divorce is finalized:

Acknowledge the Loss

Regardless of whether you were the one to say the marriage was over, you experience a personal loss in a divorce. Your life once had another person intimately involved in every detail, and now that person is no longer there. Acknowledge there will be grief and allow yourself to experience it.

Love Yourself

One of the most common thoughts after a divorce is, “What is wrong with me?” Just because the marriage did not last does not mean it is anyone’s fault. Two people can grow apart from each other. Circumstances change us and sometimes that change does not bring us closer together. Take time after the divorce to build your self-confidence and believe in your self-worth again.

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Can a Father Establish Paternity if the Mother Objects?

 Posted on February 22, 2019 in Paternity

Unless the state has revoked your parental rights, every father has the right to establish paternity with their biological child. Numerous studies have shown establishing paternity is in a child’s best interests, as those who have a relationship with both of their parents excel in more areas. In addition to these psychological benefits, establishing paternity also has numerous financial and medical benefits for the child.

The process of establishing paternity is relatively straightforward if both parents agree. In some cases, however, establishing paternity is made much more difficult. This includes situations in which more than one man believes they are the father, or the mother wishes to raise the child on her own. Still, a father can successfully establish paternity even if the biological mother contests it.

Sign a Voluntary Acknowledgement of Paternity

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Tips for Modifying a Divorce Agreement in Illinois

 Posted on February 20, 2019 in Divorce

Sometimes life simply does not work out as we plan. This can include marriage, but also the divorce agreement that is put in place at the end of the divorce process. Over time, some of our life situations change, which necessitates the need for divorce modification. If you and your ex-spouse agree on the necessary adjustments, the process is relatively stress-free. If you do not see eye-to-eye, it becomes more complicated.

Timing is Everything

If you need to modify the property division terms, you must do so before the period for appeal expires. According to Illinois law, you have 30 days after the filing of the final divorce agreement to file a motion, after which, only specific topics qualify for amendment. The topics eligible for modification include parenting time, child support, and spousal maintenance.

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Co-Parenting with Your Ex’s New Spouse or Partner

 Posted on February 15, 2019 in Divorce

Divorce is one of the hardest decisions anyone can make. Unfortunately, the adjustments do not end as soon as the divorce agreement is finalized. Eventually, life does move forward, and both parties will begin new relationships that may result in marriage.

When children are involved, starting a new relationship means inviting someone else into their lives, something that should not be taken lightly. Here are some tips to help you co-parent with your ex-spouse’s new significant other:

Keep Your Feelings in Check

Effective co-parenting is essential for the well-being of your child. Although it is natural to experience moments of jealousy, anger, sadness, or regret, it is essential not to allow that to interfere with the task at hand: effective co-parenting. If you recognize these emotions within yourself, use your support system to work through them. Take this time to lean on your friends, family, or a therapist so when it comes time to interact with your ex’s new partner, you can maintain a cool, calm, and collected demeanor.

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Tax Season and Divorce: New 2019 Illinois Laws

 Posted on February 12, 2019 in Alimony/Spousal Support

Divorce laws can seem daunting for individuals who face the end of their marriage. As of January 1, 2019, Illinois regulations became slightly more complicated as new laws swept across the state and country. One significant alteration to the Illinois Marriage and Dissolution of Marriage Act drastically impacts tax claims on spousal maintenance payments.

Spousal Maintenance and Taxes

Until now, alimony has been tax deductible to the payer and taxable income for the recipient. However, for divorces filed after the beginning of the year, spousal maintenance no longer qualifies as a tax deduction to the paying spouse. Simultaneously, the recipient can no longer claim the payment as a part of gross income. Because of the tax implications, this caused a rush on divorces toward the end of 2018, as experts say couples now have less to split between them because of the law change.

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Why is Divorce Mediation Gaining Popularity?

 Posted on February 08, 2019 in Mediation

Divorce mediation is quickly gaining popularity and is replacing divorce litigation as the "go-to" method of divorce for many couples. Why? No one wants to spend more time with their soon-to-be-ex-spouse than necessary, right?

Increasingly, that is not the case. Mediation allows divorcing couples to work together to create solutions that work best for their unique circumstances. The decisions are more personalized than those produced by a judge. Mediation also prepares couples for the collaboration needed for successful co-parenting.

Let us take a look at some of the leading benefits of choosing divorce mediation:

You are in Control

When you choose mediation, you and your ex maintain all control of the outcome. Together you decide what is most important and you can create arrangements the way you see fit. A judge is bound to the parameters of the law and does not have time to get to know you on an intimate level to fully comprehend the inner-workings of your family situation. Only you and your spouse grasp that critical information. With mediation, you can create a parenting plan, spousal maintenance agreement, and marital property division arrangement that makes sense.

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The Effect of Abuse Allegations on Divorce Proceedings

 Posted on February 07, 2019 in Divorce

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The divorce process differs depending on if there is a history of child abuse or spousal abuse within the home. These allegations and charges, regardless of their outcome, play a pivotal role in child custody and visitation and spousal support determinations.

If you or your children are in danger of abuse, the most important thing is to get out of harm’s way. If you believe divorce is the right option for you, here is how abuse may affect your proceedings:

Parental Responsibilities

Illinois centers its child custody laws around the idea of what is “in the best interest of the children.” If you are in an abusive relationship and the physical or mental well-being of the child is in danger, it is critical you remove yourself and your children from the situation.

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