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Recent Blog Posts
New Illinois Child Support Law Now in Effect
If you currently pay or receive child support in the state of Illinois, you are probably somewhat familiar with how your order was calculated. The payments were most likely determined based on the paying parent’s income and the number of children they were meant to support. Beginning last month, however, Illinois courts must now use a new method for calculating support payments—one that most agree is much more equitable than in the past.
An Outdated Model
For many years, Illinois clung to a child support model that traced its roots back several decades to a time when it was much more common for a household to rely on a single income. When the law was first enacted, a divorce typically left the primary wage-earner—usually the husband and father—responsible for assisting the wife and mother with household finances by way of alimony and child support payments. From that perspective, it is understandable, to an extent, that the calculations should be based on the income generated by the sole breadwinner.
Business Valuations in Divorce
In some cases, when a couple is seeking a divorce, a family business is one of the assets to be divided. Depending on the method chosen, it can be done very easily, with minimal interference to the company’s day-to-day operations. Before a business can be considered in property division proceedings, however, a business valuation is usually required so that the court can determine just how much the company may be worth.
Business Value and Asset Division
The main problem that many couples encounter when trying to achieve an equitable asset distribution when there is a business involved is that it is quite common for a business to be worth more than all other marital assets. If the company is well established and does brisk business, the bulk of the marital income may come from it. This can be resolved, in most cases, by one of two options. The business can be sold and the spouses will split the proceeds, or a structured property settlement can be established, wherein one spouse is paid the offset value of the business over a long period of time.
New Study Suggests That a Tension-Filled Family Can Cause Physical Illness
Many couples who are considering divorce fear for their children’s well-being. Divorce can be extremely tough on a child, as virtually everything about his or her life may change. A new study suggests that a hostile divorce can even affect a child’s physical health.
Physiological Effects of Divorce?
Researchers at Carnegie Mellon University in Pittsburgh quarantined 201 healthy adults and exposed them to a strain of the common cold virus. They then checked for signs of respiratory distress or illness. Of the study’s participants, some grew up in a two-parent household while others came from divorced families. A portion of those from divorced families came from amiable situations with both parents continuing to have healthy levels of non-hostile communication. Other adults in the study had two parents who never spoke to each other after their divorce, and deep tension persisted in their families.
The results of the study showed that the adults raised amidst a tumultuous divorce were more likely to show symptoms of the virus. Individuals who grew up in two-parent households and those from divorced, yet cordial, households were the least likely to catch a cold from the virus. These findings suggest that it is not the divorce itself which can be harmful to children but the post-divorce relationship between the parents.
Casual Relationship Contracts
If you are planning to get married in the near future, you may have given some thought to a prenuptial agreement. For those with complicated finances or business interests, a prenuptial agreement can be used to help avoid problems down the road. But what about your relationship itself? Is there anything you can do to designate who will have what responsibilities during your marriage? As it turns out, there just might be a type of non-binding contract worth your consideration.
A New Type of Marriage Contract
The New York Times recently ran an article entitled “To Stay in Love, Sign on the Dotted Line” which has created a great deal of interest in various circles. The author explains that she and her boyfriend use a relationship contract to keep track of their mutual goals and aspirations as well as to spell out rules for their relationship. The two live together so the contract specifies everything from who will do what chores and when to a dog-walking schedule to financial guidelines. For example, the contract provides that when the couple goes out to dinner the bill will be split but leaves exceptions for special events or if one person wants to treat the other. The author admits that this idea may seem businesslike, but that is it deeply important to her and her partner. “Writing a relationship contract may sound calculating or unromantic,” she writes, “but every relationship is contractual; we’re just making the terms more explicit. It reminds us that love isn’t something that happens to us — it’s something we’re making together.”
How Stalkers Can Use Your Own Phone Against You
Cyberstalking is becoming an increasingly common component of domestic abuse. Most cell phones have GPS and location features which could be providing an abuser with a victim’s exact location, and it happens more than you might think.
To determine the extent of the problem, NPR interviewed 70 domestic violence shelters across the United States, and the results are staggering. Nearly 85 percent of shelters reported that they work with victims whose abusers used GPS to stalk and harass them. Even more disturbing, three-quarters of shelters have found hidden apps on victims’ mobile devices used to eavesdrop on conversations. Most domestic abuse shelters encourage victims to turn off the location services on their cell phones and to disconnect from social media apps like Facebook to help prevent this.
The Main Goal of Stalking Is to Gain Control
Cell phones are not the only risk related to being cyberstalked. A woman in Jamaica Plain, Massachusetts, discovered a GPS tracking device in her shoes, which was feeding location information to her abuser. Many abusers will use the information gathered from these types of malware to harass their victims and gain power over them. For example, an abuser may constantly question the victims’ whereabouts and forbid them from going to certain homes or locations.
Understanding Postnuptial Agreements
Prenuptial agreements are fairly common among married couples in this day and age. They can be used to clarify ownership assets, resolve questions of property division in the event of a divorce, and a host of other legal concerns. However, many couples do not sign prenuptial agreements only to discover a need for such an agreement later in the relationship. In such cases, fortunately, a postnuptial agreement may be an option.
Why a Postnuptial Agreement?
Postnuptial agreements are those conducted after a couple is married, but before any divorce plans—if they ever occur. They may cover many of the same questions as prenuptial agreements, but not all. Some considerations—such as the disposition of assets or debts acquired since the marriage began—are only going to appear in a postnuptial agreement.
One of the common reasons for couples to consider a postnuptial agreement is when one or both partners decide to embark on a new business opportunity or enter into another situation that might put several marital assets at risk. In cases like this, a postnuptial agreement can safeguard some of the marital assets that might otherwise be at risk if the business fails. Another other common reason is when a couple is experiencing problems, but the spouses are hesitant to divorce lest they lose certain assets. If property is a settled question, some people feel more comfortable making a decision about the future of the marriage.
Establishing Paternity of Your Child
While more and more couples are having children before marriage or even eschewing marriage altogether, it is still imperative for any child to have two legally recognized parents. If this step is not taken, your child may miss out on advantages that stem from the achievements or status of their parents—opportunities that could make an enormous difference in their lives.
Paternity Laws in Illinois
The Illinois Parentage Act governs issues of paternity, and it sets out three ways that paternity can be established if the parents are not married at either the time of the child’s conception or birth. If the parents are married, the mother’s spouse is presumed by law to be the child’s other legal parent. To establish paternity otherwise, the parents have three options:
- Voluntary acknowledgment, demonstrated by signing a Voluntary Acknowledgment of Paternity (VAP) form at the time of the child’s birth or soon after. Both parents will sign the form, meaning it is almost always used in instances where parentage in not disputed;
Valuation of Marital Assets
For many couples, dividing the marital estate is one of the most challenging elements of the divorce process. Before the property that constitutes the marital estate can be allocated between the spouses, the value of the assets must be established.
Equitable Distribution in Illinois
With very limited exceptions, Illinois law provides that property—including assets and debts—acquired by either spouse during a marriage is considered marital property. Marital property is subject to division in a divorce. Absent a negotiated agreement between the spouses, the court is statutorily required to divide the marital estate in a manner that is equitable and just based on an examination of a large number of circumstantial factors. It is important to realize that "equitable" does not necessarily mean "equal" so one spouse could receive a larger portion of the marital estate than the other.
Helping Your Children Manage Your Divorce
A divorce is almost always incredibly stressful for everyone involved. Young children, however, often experience the most serious challenges adjusting to all of the changes. A divorce can also affect a child for years to come after the final decree is entered. There are a number of things that you can do as a parent can help your child manage the reality of your divorce.
Listen to Their Concerns and Problems
As with adults, children feel most loved and cared for if they feel that that their parents are listening to them. This is more than just letting them talk. Listening means that you must show you understand what they are worried about and refrain from expressing judgment. While you may be able to offer solutions, your children should not be made to feel guilty about their thoughts and feelings.
Find Someone to Help You
You may feel like you are doing well, but a divorce can wear you down. It is easy to vent to your children and to give more them more information than they know how to handle. This kind of venting can confuse children, make them feel anxious, and can harm their relationship with the other parent. If you need to speak with someone, find a trusted friend or a professional counselor. Be sure to have such conversations away from your children. Doing so will likely give you more patience with your children and can help you manage your stress level.
Common Signs Your Spouse May Be Cheating
Did you know that in Illinois it could technically be a crime to cheat on your spouse? In fact, if the “other man” or “woman” knows that you are married, he or she could also be breaking the law. According to the Illinois Criminal Code, adultery—both for a married person and a person who knows his or her partner is married—is considered a misdemeanor criminal offense “if the behavior is open and notorious.” The caveat was originally intended to prevent philanderers from publicly flaunting their infidelity by living with someone who was not their spouse and, as a result, offending the sensibilities of society and degrading the institution of marriage. By the letter of the law, this would even apply to people who are currently in the process of a divorce.
As you might expect, law enforcement officers and prosecutors, by and large, have little interest in looking to convict those who cheat on their spouses. To illustrate, the last known example of an adultery charge being filed happened 20 years ago, and Cook County prosecutors declined to pursue the case.
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