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What Happens if My Co-Parent Fails to Show Up for Visitation?
Co-parenting after a divorce is rarely easy and never simple. One of the reasons for this is that each parent now has his or her own separate life to lead. Priorities get shifted around, mistakes are made, the unexpected happens, and emergencies come up.
So, if your co-parent fails to show up for his or her parenting time with your child, it may be a misunderstanding. Furthermore, Illinois law wants to keep parents and their children together. If your ex misses a visit, he or she is not likely to face penalties.
However, if your co-parent is making a habit of failing to show up for parenting duty, it is something you should discuss with an Illinois family law attorney. A qualified lawyer will help you understand what action to take, if any.
Should I Take Action if My Co-Parent Is Not Showing Up?
Say your ex is consistently failing to appear for his or her parenting time with the child. If action can be taken, does that mean you should take it? Some people might be reluctant to address the issue for fear of “making waves” or inviting hostility. This can be especially true if your ex has been known to be abusive and you fear reprisal.
4 Ways to Protect Your Credit in an Illinois Divorce
You may have heard at least one person say, “I lost everything in the divorce.” This tends to happen in divorces where finances and assets are not managed properly. Without the right divorce attorney, a person going through a divorce can lose a lot of money to:
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Spousal maintenance payments, also known as alimony
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Child support payments
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Division of assets
Another pitfall that is often overlooked by divorcing parties is how their credit can be damaged by the divorce. This article will discuss four ways to protect your credit in an Illinois divorce.
Remove Your Spouse From Credit Cards
One of the most important ways to protect your credit is by removing your spouse’s name from your credit cards. As long as your spouse is an authorized user of your credit cards, you run the risk of debt piling up. Not only will you be responsible for that debt, but you may be paying for expenses that are no longer yours.
My Ex Got a Raise. Am I Entitled to More Child Support?
For many couples who get divorced in Illinois, child support can be one of the hardest parts of the process. A court that orders an ex-spouse to pay child support will do so after considering several factors, such as:
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Who has the majority of physical custody, known as “parenting time” in Illinois
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The net income of that parent
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The net income of the other parent
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If spousal support, or alimony, is also being paid
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The child’s or children’s needs
Because of this, it is important to retain a divorce lawyer who understands family law and can help you navigate the legal system when it comes to child support.
Does Making More Money Mean Paying More Child Support?
An issue often raised by those receiving child support is what happens when the party paying the support — called the payor — receives an increase in his or her income. Does that mean the payee should then receive more child support? The answer, as with most legal questions, is “it depends.”
Do I Need a Forensic Accountant for My Illinois Divorce?
Often, the division of assets can be a fairly straightforward part of the divorce process. The spouses outline all their marital assets and properties, as well as debts, and either they can come up with a reasonable plan for splitting these or the court will do so, taking into consideration both parties’ finances, earning capability, and other factors. Unfortunately, some people find they cannot trust their future ex-spouse. While it is not legal to withhold information, some people try to hide assets in an effort to keep them from needing to share them with their ex. In some cases, a spouse might use marital funds for things having nothing to do with the marriage, for example by gambling or spending on someone they are being unfaithful with. If you do not trust your spouse to be open and honest about finances and other assets during divorce proceedings, a forensic accountant might be exactly what you need. Speak with a DuPage County, IL divorce lawyer to find out more.
3 Signs Your Spouse Might Be Hiding Assets in an Illinois Divorce
When a couple goes through a divorce, one of the many steps they need to work out relates to the division of their marital assets. Anything that they amassed as a couple will be divided in a divorce. Unfortunately, some people falsely believe that they can merely hide some assets so as to avoid splitting them in the divorce settlement. This is an illegal practice, but common nonetheless. This article will describe three prominent signs that your spouse might be trying to hide assets. Of course, if you have any concerns about your personal situation, a compassionate Wheaton, IL divorce lawyer can guide you further.
Unreasonable and Unexplained Bank Transfers
It is not illegal to have multiple accounts or even accounts in multiple countries. However, if your spouse has begun transferring money into investments or between accounts without offering you any explanation about it, this might be a sign that they are trying to hide assets from the authorities so they can avoid dividing them with you in a divorce. If you notice any discrepancies between your account balances and what your spouse has disclosed about his financial activity, speak with a lawyer about all of this so you can figure out what you should do next.
Can Mediation Settle Our Illinois Child Custody Dispute?
When parents get a divorce, one of the most pressing issues surrounds what will happen with child custody. The division of parental responsibilities, parenting time, and other matters that come up when parents end their marriage can be extremely complicated to navigate. Sometimes, parents truly seem like the enemies portrayed in television and movies. But other times, parents can split amicably and still put their child’s well-being above anything else. In such cases, they might be able to settle their child custody dispute through mediation. Speak with a knowledgeable Wheaton, IL divorce lawyer to discuss whether this might be a good option for you.
How Does Mediation Work?
Every case varies, but mediation generally begins with both parties in a case working with the mediator to identify the issues they agree on and the issues under dispute. The mediator then begins a conversation with them about whatever issues remain unresolved and helps them consider a variety of options for resolving them. It is not the mediator’s job to make any decisions for the parents but rather to empower and encourage them to make decisions that would best suit them.
How Can I Get Legal Recognition as My Child’s Father?
Not everyone is aware that your marital status at the time of your child’s birth affects whether you are legally recognized as the child’s father. When a woman gives birth to a baby, she is automatically considered that baby’s mother. If she happens to be married to a man at the time of the birth, then he is automatically considered the baby’s father. Things become more complicated for an unmarried couple. Certain procedures need to be followed for the father to be recognized as such, and this legal recognition of parentage is of significance later on. If the father is not interested in being legally considered the father, the mother can go through the court to compel him to take a DNA test, thus proving he is the father and making him liable for various parental responsibilities. But if you are the father and you want your parental rights, you can conduct what is called a voluntary acknowledgment of paternity, or VAP. If you are a single father who wants to be involved in raising your child, speak with a trustworthy Wheaton, IL paternity rights lawyer who can explain what your options are and offer guidance.
Is Birdnesting a Good Option for Me?
One of the most contentious topics when parents get a divorce relates to their children: Who will they live with? Where will they live? If parents have joint custody and one of them keeps the family home, what happens if the other parent cannot find a home in the same school zone? Birdnesting can be a good option for parents trying to think outside the box to help their children keep feeling stable and settled despite the divorce. While this article will provide basic information about the concept, you can speak with a Wheaton, IL divorce lawyer to find out more and see whether this kind of arrangement might suit you and your ex-spouse.
What Is Birdnesting?
Most divorced parents live in two separate homes, and their children alternate between them depending on their prearranged custody schedule. While many people find that living completely separate from their ex is the best way to move on, some choose a different living arrangement. Birdnesting is when the family home is retained, and the children live there permanently. The parents alternate staying in the home with them based on the custody and visitation agreement. On days when the other parent is with the children, they stay somewhere else.
Three Reasons Why DIY Divorce Is Generally Not Your Best Bet
People about to go through a divorce are commonly concerned about the costs involved. When you are busy wondering how you will be able to transition from a situation of shared income and expenses to one of financial independence and being responsible for covering the costs of living and raising children on your own, the idea that you will now need to pay a lawyer for however long the process will take can seem unimaginable. As you start researching the divorce process online, you will likely find websites claiming to offer easy and inexpensive ways to have a “do it yourself” divorce without needing a lawyer.
Understandably, people sometimes opt out of hiring a lawyer, especially since you are not required by law to have one represent you in your divorce. However, if your specific situation involves conflict, an owned business, a complex financial portfolio, or children, having an experienced attorney represent you and your interests can be pivotal. If you are considering divorce, a compassionate Wheaton, IL divorce attorney can offer you invaluable guidance.
Why Does Establishing Paternity Matter?
If you are an unmarried father who wants parental rights, it is important that you establish paternity. While it is a fairly simple procedure at the time of the child’s birth, that is not always an option. If not, there are ways for you to establish paternity after the child is born. If you are a single father in Illinois who wants to establish your paternity, an experienced Wheaton, IL paternity attorney can explain what is involved and help you figure out how to proceed.
Parentage in Illinois
In the state of Illinois, a woman giving birth is automatically and legally considered the child’s mother. If she is married to a man at the time of birth, her husband is automatically and legally considered the baby’s father. When the parents of a baby are not married at the time of birth, it is less straightforward for the father. He is not automatically recognized as such and will need to establish his paternity, meaning he needs to prove that he is the child’s father.