Posted on April 22, 2025 in Family Law

In Illinois, child custody decisions are guided by one primary principle: the best interests of the child. Many parents going through a divorce or separation wonder whether their child can choose which parent to live with. While the child's preferences may be considered by the court, they are not the deciding factor.

Understanding how Illinois courts weigh a child’s wishes can help parents better prepare for the custody process. A qualified Illinois family law attorney with experience helping children and parents navigate these decisions can explain more about the type of custody arrangement your family might benefit from.

How Do Courts Consider a Child’s Preference?

Illinois law no longer uses the terms "custody" and "visitation." Instead, it refers to "parental responsibilities" and "parenting time." As part of this broader shift, the law considers several factors when deciding how parental responsibilities are divided among parents. These include the child's needs, each parent’s ability to meet those needs, and yes-sometimes-the child’s own preferences.

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 Posted on April 18, 2025 in Family Law

When a parent wants to relocate with their child after a divorce, there can be several questions and concerns. In Illinois, parents cannot simply move out of state or even to another city without going through the proper legal steps, especially when there is a court-ordered custody arrangement in place. Understanding how parental relocation works under Illinois law is crucial for ensuring that your rights-and your child’s best interests-are protected. To learn more, speak with a qualified Arlington Heights, IL family law attorney.

What Is the Legal Process for Parental Relocation?

In Illinois, parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act, which outlines specific rules for when and how a parent can move with their child after a divorce. If a custodial parent wants to move more than 25 miles from their current residence within the state, or if they want to move out of state, they must seek approval from the court.

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 Posted on April 16, 2025 in Estate Planning

When someone passes away, it is natural for their loved ones to think about the emotional and financial challenges that may follow. One of the most important things to consider is what will happen to any debts the person leaves behind. In Illinois, as in many other states, debts do not disappear when someone dies. Instead, the deceased person’s estate is responsible for paying those debts before any assets are distributed to heirs.

Understanding how debts are handled can help families make informed decisions during the estate planning process. An experienced Wheaton, IL estate planning lawyer can review your options for addressing your debt after you pass away.

How Is a Deceased Person’s Debt Handled?

In Illinois, when someone passes away, their estate-consisting of all their assets, like property, savings, and investments-is responsible for paying off any outstanding debts. These debts can include things like mortgages, credit card balances, medical bills, and car loans. The responsibility to pay off debts does not automatically fall to the family or the person’s heirs unless they are co-signers on loans or have a legal obligation to pay.

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 Posted on April 14, 2025 in Family Law

When parents go through a divorce or separation, one of the most emotional parts of the process is deciding where the child will live. Many parents wonder if their child can choose which parent to live with. This is a common question in Illinois family law, but the answer is not as simple as "yes" or "no." 

While a child’s wishes may be considered, they are exclusively considered and the child does not have the final say. Instead, the court looks at various factors to decide what would be best for the child. To learn more about how these decisions are made, contact a qualified Illinois family law attorney with experience representing parents in custody cases.

Who Decides What is in the Child’s Best Interest?

Under Illinois law, custody decisions are made based on what is in the best interests of the child. Judges look at several things to figure out what living situation would best serve the child’s needs and interests, including:

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 Posted on April 07, 2025 in Divorce

Divorce can have significant financial implications, and one area that may be affected is eligibility for Medicaid, the joint federal and state program that provides health coverage to low-income individuals and families. In Illinois, the program offers healthcare assistance to people who meet certain income and asset requirements.

During divorce, several factors, such as asset division and changes in income, can influence someone’s ability to maintain eligibility for Medicaid. Understanding how divorce impacts Medicaid eligibility is crucial for those navigating this process. If you are facing a divorce, speak with a knowledgeable Illinois family law attorney to understand how to protect your rights.

What Factors Affect Medicaid Eligibility After Divorce?

Several aspects of a divorce can influence a person’s eligibility for Medicaid in Illinois:

Changes in Income

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 Posted on April 04, 2025 in Child Custody

When parents get divorced, legally separated, or were never married to begin with, they have a custody agreement that outlines each of their responsibilities and rights regarding their child. When one parent refuses to uphold the terms of the agreement, it can create significant stress and conflict. Fortunately, custody agreements are legally binding, so if your ex refuses to abide by yours, a qualified Illinois family law attorney can explain your rights and how you might proceed.

How Can I Address a Violation of My Custody Agreement?

If your child’s other parent is ignoring the terms of your custody order, consider taking the following steps to address the issue:

Communicate with the Other Parent

Sometimes a custody agreement violation does not happen on purpose. There could be a misunderstanding to blame. A logistical challenge might make it impossible for the other parent to uphold their end of the agreement. Whatever the cause, trying to resolve the matter amicably through clear communication could be a smoother way to address it.

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 Posted on March 31, 2025 in Divorce

Divorce can be financially challenging, especially for people who have dedicated themselves to caring for their household and children rather than earning an income. If you are a stay-at-home parent facing divorce, it is important to understand what the legal costs might be and how to manage them. A knowledgeable Illinois family law attorney with experience working with clients in similar situations can answer your questions and help you set realistic expectations.

How Much Does Divorce Cost in Illinois?

The cost of a divorce can vary widely depending on several factors such as the complexity of the case, whether it is contested, and the level of conflict involved. Typical expenses include attorney fees, court filing fees, mediation costs, and fees for financial or child custody experts. Attorney fees are often the most significant expense, with hourly rates varying significantly by region and the complexity of the case.

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 Posted on March 25, 2025 in Family Law

If you receive child support and recently learned that your ex got a promotion or substantial raise, you are probably wondering whether this change in income could lead to an increase in the child support payments you receive. In Illinois, child support orders can be modified under certain circumstances, and a significant increase in the paying parent's income may justify such a change.

However, you cannot simply demand more money because the payments are not automatically changed and there is no guarantee you will be granted a modification. To understand how a job change might impact your family finances, speak with a qualified Illinois family law attorney who can discuss your situation and answer your questions.

Can Child Support Orders be Modified?

Illinois courts follow clear guidelines for modifying Child support orders. To request a modification, the parent seeking the change must demonstrate a "substantial change in circumstances." While this can include job loss or changes in the child's needs, it may also apply if the parent paying support experiences a significant increase in income.

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 Posted on March 21, 2025 in Estate Planning

When you are ready to work on your estate plan, you might discover many options you never heard of before. Wills and trusts are important features that many people are aware of, but there are other ways you can plan for the future that might be relevant to you as well. One aspect of some Illinois estate plans that is less commonly known is called a payable-on-death (POD) account.

This valuable tool allows you to transfer assets directly to named beneficiaries without going through probate. POD accounts can simplify the transfer of certain assets, and a qualified Illinois estate planning lawyer can explain their benefits, limitations, and potential impact on your broader estate plan.

What Is a Payable-on-Death Account?

A payable-on-death POD account is a financial account that allows the account holder to designate one or more beneficiaries who will receive the funds in that account when the holder dies. POD accounts can be checking, savings, or certificate of deposit (CD) accounts. The named beneficiary has no access to or control over the account until the holder’s death.

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 Posted on March 20, 2025 in Family Law

After a divorce, people often want a fresh start. Even if a wife keeps her own maiden name when she gets married, children are often given their father’s last name at birth. If, as part of these wishes for a fresh start, the mother wants to change her child’s last name to her own, she might have to go through a complicated legal process to make that happen.

There are legal requirements, factors that courts consider, and steps involved that can improve your chances of a successful petition. To learn more, speak with a qualified Illinois divorce lawyer who can explain what is involved and how you may want to proceed.

Are There Legal Grounds for Changing a Child’s Last Name?

In Illinois, a parent can petition the court to change a child’s last name for various reasons, including:

• Aligning the child’s last name with the custodial parent’s last name after divorce.

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