Recent Blog Posts
Understanding the Rights of Unmarried Couples in Illinois
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.
DIY Divorce Versus Experienced Legal Representation
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.
What You Need to Know About the New Illinois Child Support Law
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.