Rolling Meadows divorce modification attorneyDivorce is a legal proceeding, and as such, the outcome of a divorce is legally binding. It is important for both parties to commit to upholding the terms of a divorce order, as they risk incurring substantial consequences if they fail to do so. That said, if you find that you are struggling to uphold the terms of the order, or if you feel that they no longer apply to your current situation, you do have options. Many parts of a divorce resolution can be legally modified, with the court’s approval, in the years following a divorce.

Possible Illinois Divorce Order Modifications

Not all areas of your divorce agreement may be altered. After a divorce is finalized, the terms of the division of property are usually set in stone, unless new information comes to light regarding a spouse’s dishonesty about finances or assets. However, most other parts of a divorce order can be modified under certain circumstances. For example, you may seek modifications to:

  • Child support – Usually, this requires a substantial change in circumstances, which may include a change in the income or earning capacity of one or both parents, or a change in the child’s needs. A modification may also be considered if your original child support obligation differs significantly from what it would be under the new calculations established in 2017.

  • Spousal support – If spousal maintenance was part of your original divorce order, it can also be modified after a substantial change in circumstances. For example, an increase in payments may be in order if the recipient experiences an increase in financial need or a decrease in earning capacity, while a decrease in payments could be in order if the payor has experienced a decrease in income or the recipient has become self-sufficient.

  • Parenting time – Either a change in circumstances or an agreement between both parents can be sufficient to justify a parenting time modification, as long as it is in the best interests of the children. Possible reasons for a parenting time modification include a change in the schedule of any relevant party or a parent’s relocation.

  • Parental decision-making responsibilities – Decision-making authority, including regarding the children’s education, health, and upbringing, can typically only be modified at least two years after the original divorce order is issued. A modification of this nature usually also requires that you demonstrate a significant change in circumstances and that the modification is in your children’s best interests.

Contact a Rolling Meadows Divorce Modification Lawyer

Rarely do divorce agreements surpass the tests of time. If you are looking to modify your divorce order, the Cosley Law Office can help you petition the court and negotiate an agreement with your former spouse or prepare to make your case in a hearing. Contact an Illinois family law attorney today at 847-253-3100 to request a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

Posted in Alimony, Child Custody, Child Support, Child Support Modifications, Children of Divorce, Division of Property, Divorce, Divorce and Children, divorce order modifications, Illinois Family Law Attorney, Parental Responsibilities, Parenting Time, Rolling Meadows Family Lawyer, Spousal Maintenance, Uncategorized | Tagged , , , , , , , , , , , , , ,

Rolling Meadows child support lawyerThe determination of child support is an important legal issue for any divorcing or unmarried parent of children under the age of 18. The Illinois Department of Healthcare and Family Services (HFS) has established a standard calculation used to determine each parent’s obligation. However, because every family’s circumstances are different, the results of the calculation, and even whether the court decides to use the standard calculation at all, often vary. You should be sure to understand the various factors that go into child support decisions so that you have an idea of what your obligation may be.

Factors Considered in the Basic Child Support Calculation

In most Illinois child support cases, the HFS calculation is at least used as a baseline. This calculation accounts for a variety of factors, including:

  • Each parent’s monthly net income. This is the most important factor in calculating child support. The two parents’ monthly net incomes will be combined, and each parent’s obligation will be determined in large part based on their share of the combined income.

  • Each parent’s share of parenting time. If one parent has sole or primary custody, the other parent will likely be ordered to pay child support. However, if parenting time is shared more equally, the child support calculation will be adjusted based on the percentage of overnight stays that each parent has.

  • The number of children entitled to support. The amount of child support ordered will be adjusted upward in cases involving more than one minor child.

  • A parent’s other child support or spousal support obligations. A parent’s monthly net income will often be adjusted downward if he or she has child support or spousal support obligations from a previous marriage or relationship, or if he or she is also ordered to pay spousal support to the other parent of the children in question.

When Does the Court Deviate From the Basic Calculation?

The court may decide to adjust the results of the basic calculation, or use a different method of determining child support, if it finds that doing so is in the best interests of the children. In making this decision, the court will consider factors including the financial needs and resources of both the children and the parents, the children’s expected standard of living in a two-parent household, and the physical, emotional, and educational needs of the children.

The court may also order additional child support beyond the basic calculation for some of the children’s needs, including health insurance and medical care, care for a child with special needs, expenses related to education and extracurricular activities, and the cost of child care for a parent who needs it in order to work or pursue an education.

Contact a Rolling Meadows Child Support Lawyer

If you have questions regarding how child support may apply given your family’s specific circumstances, an experienced Arlington Heights family law attorney can help. We will work to ensure that your children’s needs are provided for, and that you understand your rights and obligations. Contact the Cosley Law Office at 847-253-3100 for a free consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/ChildSupportEstimator.aspx

Posted in Child Support, Child Support Modifications, Children of Divorce, Divorce, Divorce and Children, Family Law | Tagged , , , , , , , ,

Rolling Meadows property division lawyerDividing property during a divorce can be complicated, and as you prepare for your financial future, it is understandable that you would want to avoid giving up more assets than is necessary. One way to protect your interests is to ensure that you have a clear understanding of the difference between marital and non-marital property under Illinois law, and that you have identified all assets that may still be your personal, individual property before you begin the divorce process.

Examples of Non-Marital Property

In an Illinois divorce, a couple’s marital property must be divided equitably between the two parties. Generally, this means almost any property that was acquired by either party during the marriage. However, non-marital property belonging to either party is not subject to division, and therefore can remain in the possession of the spouse to whom it belongs after the divorce. Examples of property that can be considered non-marital include:

The more that non-marital assets have been kept separate throughout the marriage, the more likely it is that they will be excluded from decisions regarding property division during the divorce. If you commingle or transfer property that would have been considered non-marital into joint ownership, it will likely lose its non-marital status.

Negotiating for Marital Property

Even if an asset is considered marital property, you may be able to reach an agreement that allows you to retain sole possession of it after the divorce. Illinois requires an equitable distribution of property rather than an equal split, and it also allows for couples to reach their own agreement, rather than leaving the decision completely up to the court. If you and your spouse can successfully communicate and negotiate, you can divide marital property in a way that meets both of your needs.

Contact an Arlington Heights Property Division Attorney

At the Cosley Law Office, we can help you prepare for your divorce by taking stock of your non-marital property and your priorities regarding marital property. Our legal team can help you enact strategies to protect your financial interests, either through negotiation or litigation. Contact a Rolling Meadows divorce lawyer today at 847-253-3100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

Posted in Division of Property, Divorce, Uncategorized | Tagged , , , , , , , , , , , , , ,