Posted on September 27, 2017 in Divorce

When a couple ends their marriage in divorce, each spouse should be able to maintain a standard of living similar to what they experienced during their marriage. When one spouse earns more than the other, the lower earning spouse may be eligible to receive spousal maintenance (also known as spousal support or alimony).

While the formula for determining the amount and duration of maintenance is straightforward, courts have some discretion when determining whether maintenance is appropriate. 

Illinois statutes list 14 factors that a judge should consider when deciding whether to grant maintenance:

1. The income and property of each party - The court will determine both spouses’ net income by calculating gross income from sources including wages or salary, disability benefits, retirement benefits, social security benefits, insurance proceeds, interest earned, and monetary gifts, then deducting expenses including taxes, social security payments, prior support or maintenance obligations, union dues, and medical expenses.

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 Posted on September 14, 2017 in Divorce

Today, many couples choose to live together before getting married or even forego marriage altogether, while still combining their finances, intermingling their property, and raising children together. While this type of living arrangement has become more and more common over the past several decades, unmarried couples should understand their rights and take steps to protect themselves in case their relationship ever ends.

Legal Decisions Regarding Cohabitation in Illinois

Illinois does not recognize common-law marriage, and a 1979 decision by the Illinois Supreme Court found that an unmarried person does not have any rights to his or her domestic partner’s property after the relationship ends. When this decision was made, the court stated that it was intended to discourage cohabitation and avoid weakening the institution of marriage.

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 Posted on May 12, 2017 in Divorce

With all of the do-it-yourself (DIY) divorce guides online, it is no wonder that interest in legal self-representation is increasing. Although a DIY divorce could be effective in some cases, it is often best to retain an attorney who focuses on family law to represent you

Many assume that mediation, one of the alternative ways in which to pursue the divorce process, and other methods for the divorce process do not require an attorney. However, you may wish to hire a lawyer if your divorce case is more complex or requires eventual litigation. In addition, an attorney can help you address your distinct concerns and rights.

Why You Might Want to Appoint a Divorce Attorney

Regardless of whether or not you are going through a divorce process, there are several reasons to seek an attorney for your divorce case:

1. Correct legal advice. With countless resources online, it can be difficult to ascertain which sources are credible and factual. Representing yourself based on incorrect legal information may cost you potential assets in an award. You will not receive any special treatment or consideration in court because of your lack of legal training, so tread carefully.

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 Posted on May 09, 2017 in Child Support

Beginning July 1, 2017, new guidelines will be put in place for the determination of child support in Illinois. Current law bases child support calculations on a set percentage of net income. For example, the child support payment for one child is 20% of the net income of the non-custodial parent. Under the new "income shares" model, the incomes of both parents will be taken into account in the calculation.

What is the "income shares" model, and how does it work?

The goal of the income shares model is to try to allocate support as if the child and parents were living in an intact household. In order to calculate the child support amount owed, the incomes of both parents will be combined to come up with a shared gross income. Based on that amount, a basic support obligation will be imposed. This obligation will be pre-determined by a schedule developed by the Department of Health & Family Services (DHFS). Each parent will then be responsible for a portion of the basic obligation prorated in proportion to each parent’s share of the combined income.

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