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My Ex Stopped Making Child Support Payments. What Should I Do?
While deciding to get a divorce can be extremely difficult for most parents, that decision might just be the tip of the iceberg. The parents will need to go through divorce proceedings, reach a settlement, and then abide by that settlement as they move on from their divorce to the next stage of life: continuing to raise their children while they are no longer together. This can mean going from a two-income household to a single-income household, and the financial implications can be far-reaching. If an ex is expected to pay the other child support but fails to do so, this can further add to the financial stress. If your ex suddenly stopped making child support payments, an experienced Wheaton, IL divorce lawyer can guide you during this stressful and trying time.
Divorce and Finances
Under typical conditions, courts do not intervene in a family’s financial affairs. The parents manage their own finances as they see fit; as long as the children are fed, sheltered, dressed, and responsibly cared for, no one has the authority to tell the parents what to do with their money. Some couples have one shared bank account and share all marital income and debt. Others keep their incomes separate, and each has their own household expenses that they cover individually.
Can I Settle My Ilinois Divorce Through Mediation?
Every person is unique, so no two marriages can be the same. That explains why some couples will have a very contentious divorce while others will be relatively amicable. When two people wish to end their marriage but would like to avoid conflict, mediation can be an excellent option. It costs less, takes less time, and involves less conflict than a divorce played out in a courtroom. Suppose you believe you and your spouse could reach a divorce settlement without entering the court. In that case, a knowledgeable DuPage County, IL, divorce lawyer can help you understand whether mediation could suit your needs.
How Does Mediation Work?
After an initial meeting with all involved parties, the two spouses sit in different rooms during a mediation process. The mediator’s primary role is facilitating communication and negotiation between the spouses, going back and forth between their separate rooms. The mediator will share their questions, offers, and responses with each other. They listen to both sides’ concerns, identify core issues and points of conflict, and offer compromises that both could find agreeable. After several rounds of relaying information to the spouses, mediation should ultimately end what a comprehensive divorce settlement has been formulated. The couple then needs to file an Illinois divorce petition with the court, and the process is essentially complete.
What Should I Know About Guardian Ad Litem?
Divorce can sometimes turn two people who once believed they would spend their entire lives together into people who cannot even communicate with each other. When a couple going through a divorce feels this way, it can be extremely difficult for them to focus on working together for the sake of their children. Even parents who have always prioritized their children’s best interests can often feel like they are in survival mode, too distracted, exhausted, and hurt by what is happening, even to be able to consider that their child may want something different than what they want for them
In cases where there is concern that the children’s interests are not being given a voice, a guardian ad litem (GAL) can be assigned. This is a specialized attorney often appointed to advocate for children during custody disputes, incidents of domestic abuse, or child support issues. If you are concerned that your children’s interests are not being represented in your divorce, a Wheaton, IL child representation lawyer can explain how a GAL might be able to help.
My Spouse Has Become Abusive. What Can I Do?
All people are unique. Some are considerate of others, some are self-centered, some are peaceful, and some can be violent. Being physically violent is a quality that can develop, so it is possible to meet someone who is kind and courteous and later begins acting violently. Other factors can also influence it. Someone who is typically a peaceful person can become violent as a response to stress or frustration or under the influence of drugs and alcohol. None of this excuses abusive behavior, but it can help explain how someone can find themself in an abusive relationship. When the abusive person is your spouse, and your home stops being the safe space you need it to be, your daily life can become frightening and stressful. If you are a victim of domestic abuse, speak to a compassionate Wheaton, IL, family law attorney to see how you can protect yourself with the backing of the law.
What Should We Do with Our Family Home in the Divorce?
Divorce proceedings require spouses to make complicated decisions and agreements about almost every aspect of their life. They need to work out child custody arrangements if they have children, figure out if either will be paying spousal support, and devise a plan for dividing their assets. Some assets are a simple matter to divide. An amount of money can be divided up easily. Other assets, like your home, can be more complicated. If you are headed toward divorce and unsure what to do about your home, a DuPage County, IL divorce lawyer can help you weigh your options and choose a path forward.
The Pros and Cons
An easy scenario is if one spouse wants to keep the home in the divorce and the other does not. If that is the case, the spouse keeping the home might compensate the other spouse for stepping away from the property. Another fairly uncomplicated scenario would be if neither spouse wants to keep the home. If so, they can sell the house, split the money, and go their separate ways. If the spouses are unsure what would be in their best interest or if they both want to stay home, things become more complicated. To help figure out how to resolve this, several factors should be taken into consideration:
The Most Common Joint Parenting Time Schedules
Illinois allows parents to come up with their own parenting plan, which includes a parenting time schedule, to maximize parenting time with their children. However, a judge can intervene if they feel a different schedule would fit the children’s best interest more. There are many examples of parenting time schedules that parents or a judge can choose, but some are more common than others. For a more in-depth look into parenting plans and schedules, consulting an attorney could be beneficial.
Weekly Alternation
A very typical parenting schedule involves a one-week on, one-week off approach. Alternating weeks where one parent has the child in the first and third weeks or second and fourth weeks of the month can work out great if it fits into both parents and the child’s schedules.
50/50 Month Split
Similar to alternating weekly, except in this scenario, one parent gets back-to-back weeks with their children before dropping them off at the other parent’s house for their two weeks of parenting time.
Asking For More Parenting Time
Are you unhappy with your current parenting time arrangement? Perhaps you feel you are not getting enough time with your children, and something needs to change. On the other hand, maybe something has changed, such as procuring a new and more lucrative job. Now you have the time and money to take your kids to do things you have always wanted to do with them. However, the order for parenting time has you barely getting a weekend with your children. It may be time to consult an attorney to see what can be done to get you more time with your children.
How a Parenting Time Schedule Can Be Modified
The key to all changes is what is in a child's best interest in terms of parenting time and decision-making. Unfortunately, you are at the mercy of a judge's decision unless you and your former partner can come to a more suitable agreement. For the latter to take place after an order has already been entered, a two-year waiting period will be required from when the order was entered to filing a petition for modification. The two years can be waived only in extreme circumstances, such as:
Which Type of Adoption is Right for Me?
Adoption is a beautiful thing. You are choosing to take on a child who is not biologically your offspring and promising to love them as if they were. In Illinois, there are four different types of adoption. Which one you choose is entirely dependent on your situation, circumstance, and preference. A family law attorney can help prepare you for legal adoption so that you can navigate the complexities often associated with the process.
Related Adoption
Related adoptions are where the adoptive parents are already related in some way to the children being adopted. Stepparents looking to adopt the child of their significant other will want to select related adoption. Other related adoption candidates may include biological siblings and grandparents.
Adult Adoption
Most adoptions that people are familiar with often involve minor children. However, adult adoption is when a petitioner wishes to legally adopt a child who is older than 18 years of age. Instead of the need for the biological parent’s consent, as is required in related adoption, the adoptee will need to provide consent. If the petitioning parent is not related biologically, the adult child must have resided with the petitioning parents for at least two years before an adoption can occur.
How Family Violence Affects Child Custody
Restrictions can be imposed on parents who have a history of, continue to engage in, or threaten domestic violence to other members of their household. The restrictions can include the allocation of significant parental responsibilities, which could have the alleged abuser receiving supervised parenting time, limitations on child rights, or a complete revocation of parent-child interaction until a judge deems them no longer a threat to a child’s well-being. A skilled attorney with experience in family law is perfect for providing necessary instruction on where you can seek help while representing you during trial.
The Effects Domestic Violence Has On The Allocation of Parental Responsibilities
Courts determine parental responsibilities based on the best interest of the child. One of the factors a judge will consider is a parent’s history of abuse against the child or other members of the household. Illinois law finds domestic violence to be considered abuse and, as such, is weighed into the final decision on significant decision-making responsibilities and parenting time. However, abuse is only one factor in a long list of factors a judge can use to determine a child’s best interest.
Risks Social Media Poses To Your Divorce
Social media is paramount to many people’s lives in the digital age. It helps you stay connected to family and friends, allows you to network with colleagues and peers, and offers a place to post silly images of cats wearing bread helmets. However, during a divorce, social media can work against you if you are not careful. A knowledgeable attorney can provide all the necessary information to help guide you through your situation.
Social Media Can Be a Disruptive Force
Posting the wrong thing at the wrong time can have legal consequences. Boasting about purchasing something expensive or displaying images of you partying and drinking could lead to financial issues and impact your future relationship with your children.
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