Posted on May 20, 2024 in Divorce

One of the most complicated parts of divorce in Illinois is assigning financial obligations. Who is responsible for child support? Who should pay alimony? How will the debt be allocated? 

When courts make these decisions, they base them on several factors. One of those factors is the income level of each spouse. This impacts several parts of the divorce process, which is why any spouse with a high income who is considering getting divorced should consult a skilled high-income divorce attorney.

This article will discuss the different ways a high income can affect a divorce in Illinois.

Child Support

Before a court decides who should pay Child support and how much should be paid, the judge will look at several factors. One of the most significant factors is the income level of each spouse. If one spouse is a stay-at-home parent with no income while the other spouse has a high net worth, the latter spouse will almost certainly be ordered to pay child support.

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 Posted on May 16, 2024 in Mediation

Mediation is a great legal tool that helps parties in a dispute come to a settlement before ever getting to court. In a divorce, spouses who disagree on elements of the divorce often can resolve their differences in mediation. This helps both parties avoid a costly and messy court battle.

While you are not required to have an attorney present in mediation, it is highly recommended. An Illinois divorce attorney can help you navigate the mediation process and negotiate the best outcome. But whether you bring an attorney or attend mediation on your own, know that saying certain things can hurt your chances of a positive result.

This article will discuss what mediation is and what to avoid saying during a mediation session.

What is Mediation?

Mediation is where two parties negotiate with the help of a mediator. A mediator is a professional negotiator and neutral party appointed by the court. Some mediators are former judges who use their skills and experience to help parties settle a dispute.

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 Posted on May 06, 2024 in Child Custody

Child support is taken seriously by Illinois law. Parents who willfully do not comply with child support orders can face severe consequences.

The key word, however, is “willfully.” The law understands that sometimes circumstances change. The parent who was ordered to pay child support - also referred to as the payor or obligor - may have a valid reason for no longer being able to make payments. But if payments are withheld deliberately, the parent will face serious penalties.

The best way to understand how Illinois law will view your case is to contact a qualified Illinois child support attorney.

What Are the Penalties for Withholding Child Support?

The penalties for withholding child support largely depend on how much has been withheld or for how long. These and other factors determine whether a parent is guilty of a felony or misdemeanor under Illinois law. For example:

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 Posted on May 06, 2024 in Divorce

Navigating the murky waters of divorce can be difficult, but having a prenuptial agreement can simplify the process. In Illinois, prenuptial agreements, or “prenups” as they are often called, are legal contracts entered into before marriage that lay out specific financial expectations and responsibilities. Contact a friendly and personable trusted attorney at A. Traub & Associates to ensure you can effectively utilize your prenup to make your divorce a more efficient process.

The Power of Prenups is Establishing Clarity

Understanding prenups is the first step towards learning how, in a divorce, such agreements can be beneficial. Since prenups are contractual agreements that govern how different assets and liabilities get divided in the event of a divorce. Therefore, a prenup can provide couples with a very clear understanding of property rights, spousal support, and more. As a result, prenups can bring clarity in the midst of the emotional turmoil that can often take place during a divorce.

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 Posted on April 30, 2024 in Estate Planning

When a loved one passes away, his or her last will and testament often become the focus as families determine how assets get distributed. However, there are situations where a will may not accurately reflect the deceased’s true wishes or follow proper legal procedures. In such cases, contesting the will in probate court allows interested parties to challenge its validity. An Illinois lawyer can help you determine if you believe you have grounds for contesting a will.

Lack of Testamentary Capacity

For a will to be valid in Illinois, the testator (the person making the will) must have been of “sound mind and memory” when executing the document. This means he or she possessed the mental capacity to understand the nature and extent of the property, knew who his or her heirs were, and could make a rational plan for distributing assets. If the testator suffered from dementia or another condition that impaired mental abilities, this could serve as grounds to contest the will.

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 Posted on April 30, 2024 in Divorce

Getting divorced opens up your personal life to legal scrutiny. Behaviors that you may previously have been able to keep under wraps can now have serious legal consequences.

An example of this is gambling. If your spouse has a gambling addiction and it surfaces during the divorce proceedings, it can have a major effect on the outcomes of the divorce. Seek the counsel of an experienced attorney in Illinois if you are getting divorced and think your spouse might have a gambling addiction.

This article will discuss how a gambling addiction can affect a divorce.

Assets Can Be Frozen

You and your spouse are both entitled to what Illinois law calls marital property. This refers to assets that belong to both spouses, usually acquired during the marriage. Using any of these assets for something that is not related to the marriage, or abusing them so that their value goes down, is called dissipation of assets.

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 Posted on April 22, 2024 in Adoption

There are three types of adoption in Illinois when it comes to involving the biological parents: open adoption, semi-open adoption, and closed adoption.

• In an open adoption, the biological parents remain involved and maintain a relationship with the child.

• In a semi-open adoption, the biological parents are somewhat involved in the child’s life but are not in frequent contact.

• In a closed adoption, there is no contact with the biological parents at all. The adoption is handled strictly through a third party like an adoption agency, which fields all communication between the biological and adoptive parents.

Open adoption can be an attractive option, but it is not for everybody. This article will discuss the pros and cons of open adoption.

If you are unsure which type of adoption may be right for you, consult with an Illinois adoption attorney who will talk to you about the adoption process and what is in the best interest of the child.

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 Posted on April 16, 2024 in Divorce

Making changes to child support payments, also known as child support modification, is not a simple process. Illinois law generally requires courts to wait two years before modifying a child support order.

But the law also recognizes that circumstances change and sometimes it is necessary to make adjustments. If you need to modify your child support payments, contact a family lawyer in Illinois who can advise you on whether you have good cause.

This article will discuss how courts calculate child support and when you can request to modify child support payments.

How Do Courts Calculate Child Support Payments?

When calculating Child support payments, courts want to find out how much a child needs and how much of that the parents can afford.

To find those answers, the court will look at several factors, including:

• The child’s financial needs

• The child’s educational needs

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 Posted on April 16, 2024 in Prenuptial & Postnuptial Agreements

A prenuptial agreement is a legally binding document that some couples sign before marriage. It outlines the rights and responsibilities of each party in the event of a divorce, the most important of which is usually asset division. A prenuptial agreement can help make many parts of the divorce process go smoother because many issues have already been settled.

Signing a prenuptial agreement can improve your chances of having an uncontested divorce, which is when both parties agree on all parts of the divorce. Still, many couples shy away from signing an agreement because it is emotionally difficult to discuss the end of the marriage.

If you got married without signing a prenuptial agreement, the first step is to contact a qualified family lawyer in Illinois who can help you draft a postnuptial agreement.

What is a Postnuptial Agreement?

A postnuptial agreement is like a prenuptial agreement except it is signed after marriage. Under Illinois law, a postnuptial agreement addresses certain issues that can come up if the couple gets divorced or if one of the spouses dies. It can, for example, determine:

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 Posted on April 11, 2024 in Estate Planning

Going through a divorce is tough, and it can turn your whole world upside down. Through all the emotional turmoil, it is important not to neglect the practical matters, like updating your estate plan. If you have recently divorced, make sure to review and revise your estate planning documents with an Illinois estate planning lawyer who understands how divorce can affect estate plans.

Why Updating Your Estate Plan Is Essential

Under Illinois law, divorce automatically revokes any provisions in your will that benefit your former spouse. However, this automatic revocation does not apply to other estate planning documents, such as trusts, beneficiary designations, or powers of attorney. If you do not update these documents, your ex-spouse may still have control over your assets or healthcare decisions, even after your divorce is finalized.

If you have children, updating your estate plan ensures that your assets are distributed according to your wishes and that your children are cared for by the guardians you choose.

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