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What Happens to Child Support and Spousal Maintenance I am Owed if my Ex-Spouse Files for Bankruptcy?

DuPage Attorney Answers Bankruptcy After Divorce Questions

It can be scary to find out that your ex-spouse has come to the conclusion of filing bankruptcy when he or she is supposed to owe you child support or spousal maintenance payments. Do not worry, because despite him or her filing bankruptcy, he or she is still liable to make those payments owed to you. At Davi Law Group, we can help explain the process on how you will be receiving those funds once the bankruptcy is filed. Although most debts and money from your ex-spouse will be eliminated, there are certain debts that are not allowed to be discharged. Child support and spousal maintenance are some of those debts that cannot be eliminated from payment. One of their filing options is Chapter 7. In that case, child and domestic support are considered top priorities in bankruptcy. They may not be able to eliminate their payment requirements of child or domestic support, but they can eliminate other debts that they owe in order to have funds available to pay to you.

One of their other filing options is Chapter 13 bankruptcy. That allows them to repay their debts in a monthly amount based on their income and budget over the course of three to five years. The same rule applies where they are not able to avoid paying what is owed to you. Instead of your ex-spouse paying you, his or her trustee in the bankruptcy case will pay the amounts that are owed directly to you.

Contact Our DuPage County Divorce Lawyers

If your ex-spouse is in the process of filing for bankruptcy, please contact one of our seasoned attorneys at Davi Law Group so we can arrange a free consultation and examine your situation. We have offices that can be found in Wheaton, Chicago, Joliet, and Warrenville. Just give our office a call at 630-657-5052 to set up your consultation now.

What Rights Do Grandparents Have in Terms of Custody or Visitation With Grandchildren?

DuPage County Family Law Attorneys Fighting for Grandparent's Rights

Finding out your rights as a grandparent regarding custody or parenting time (formerly visitation) with your grandchildren can depend on your particular set of circumstances. We understand that is not a clear-cut answer, but not every case is clear cut for grandparents and their grandchildren. At Davi Law Group you can contact us to set up a free consultation so that we can look over your situation further and establish the best plan of action. There are many examples that we can give in order to show the various outcomes that we have received with our years of experience in law regarding grandparents and their grandchildren. There are some laws that provide grandparents the standing to go into court and seek parenting time with their grandchildren, or perhaps find basis that the grandparent should raise the grandchild. We have seen some cases where you may have to file a petition for grandparents' rights, and others for which you have to file for guardianship.

The court's basic presumption is that the parents who are fit to raise their children can be the ones to decide if you, as the grandparents, are allowed to see their children or not. If you have had a personal falling out with your child, and he or she is insisting that you do not see the child, you will not have any grounds in court to pursue parenting time. Of course, if the grandchild is being neglected by his or her parents, abused, a parent has passed away, or a parent is incarcerated, then grandparents can be awarded time with the grandchildren.

Contact Our DuPage County Family Lawyers

If you are someone who believes that legal action or filing should be taken regarding your grandparent rights, please contact us at the Davi Law Group, LLC so that we can tackle your case today. We offer free consultations and can be reached at 630-657-5052.

What Rights Does the Father of a Child Have Under Illinois Law When the Parents Have Never Been Married?

DuPage County Family Law Lawyers Help Take Action on Father's Rights

The quick and easy answer to this question is that until a parentage case has been filed, unmarried fathers actually do not have rights over their children. At Davi Law Group, we can help get this process started so that you can take action and secure your rights as a father to your child or children. A parentage case has to be filed in order for you to legally be given parenting time with your child or children. Parenting time is what was previously called visitation. You, as the father, must take action in going to court to gain those rights. The good news is that upon filing a parentage action, this will kick off the process that will eventually give you certain rights as a father.

The prime goal of these parenting cases is to begin what is called an allocation judgment and parenting plan. This document that will be written over the proceedings will specify both you and the other parent, your rights, and responsibilities to the child in detail. This is also where a schedule will be attempted in figuring out parenting time for both parties. If you and the other parent cannot approach agreeable terms to this parenting play, the court will be given the decision. The judge will be given all of the testimony and evidence to reach the conclusion. This judge will try to find out what is best for the child.

Contact Our DuPage County Family Law Attorneys

After the final judgment has been signed and officially entered into records, it will become a court order and is enforceable. This is how you establish your rights to be the father to your child. Please contact us at 630-580-6373 to set up a consultation with one of our team members at Davi Law Group. We will assist you in taking the first steps into action so that you can be legally involved in your child's life.

What are the Biggest Advantages of Using a Trust in an Estate Plan?

DuPage County Attorneys with Estate Planning Experience

There is a fair amount of advantages to setting up a trust for the use of your estate planning. The biggest advantage of using a trust is that the heir can avoid the probing process. That process can be quite expensive, as well as very time consuming for loved ones left behind to handle arrangements after you have passed. At Davi Law Group we can answer any of your questions that you have regarding your estate planning by setting up a free consultation to review your situation. There are, of course, exceptions to certain scenarios, one being that the last surviving owner on record for the real estate passes away. This would, thus, transition into a probate case, which is a court case to distribute property to anyone who may be designated to receive any items listed in an inheritance. By putting real estate into a trust, the probate case process can be avoided, which is usually to the benefit of everyone involved.

Some more benefits included with setting up trusts are that there is privacy to keep out family members who, perhaps, will show up to take advantage of the situation. A trust also lets you be very specific on how your legacies that you are leaving behind are spent. You are able to specify how some of the money that you leave behind can be spent for only certain purposes. You can also leave instructions that the money can only be given following certain terms.

Contact Our DuPage County Estate Planning Lawyers

At Davi Law Group, our team of attorneys has had years of experience helping clients with trusts. If you would like to set up a consultation, come by one of our offices that can be found in Wheaton, Chicago, Joliet, and Warrenville. Just give us a call at 630-657-5052 to arrange a time with someone on our team to receive your free consultation.

Can I Modify a Child Support Order Because of the New 2017 Child Support Statute?

DuPage County Attorneys Examine if New Law Will Affect You

On July 1, 2017, Illinois law will be changing its model in which it calculates the child support payment amount. Just because the law is changing does not exactly mean that your already-existing child support obligation can be modified. At Davi Law Group, we can look further into your situation to see that seeking modification is something feasible for you.

In order to be granted modification for your current child support payment situation, you will have to provide reasoning and evidence to the court that there has been a substantial change to your financial circumstances. That change must have nothing to do with the fact that the new law has changed the formula for calculating the child support amount. Under this new approach, Illinois will be calculating the combined net income of both parents instead of a percentage of one parent.

The statute will also include a calculation for parents who fall into the category of "split care" or "shared parenting." If the parents have the child for 146 or more overnight visits (40%) out of the year, the obligation that would be determined for child support would be multiplied by 1.5. Even though some of these calculations may seem easy to understand on the surface, they can grow to be quite complicated. That is where one of our attorneys can come into play.

Contact Our Wheaton Child Support Lawyers

At Davi Law Group, we have experienced legal minds ready to represent you if you believe that you have a case to modify your child support payment or any other family law matters that can come up. We have multiple offices that can be found in Wheaton, Chicago, Joliet, and Warrenville, which has allowed us to aid clients in many counties including Kane, DuPage, Cook, Kendall, and Will. Call us at 630-657-5052 to set up your appointment today.

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