Posted on December 03, 2019 in Divorce

Whether for personal or professional reasons, people can move down the block or across the world. Many individuals have the freedom to do this at any time, but after a divorce when two parents share the responsibility for a child, this privilege may be restricted. Studies show that up to a quarter of custodial parents move away from the area where they lived as a married couple within two years of their divorce. When a parent considers moving after a divorce, some stipulations must be met to protect the rights of their child and the other parent.

Parental Relocation Rights in Illinois

In Illinois, the term “child custody” is now referred to as the “allocation of parental responsibilities,” and parents will both have "parenting time" with their children. While the law no longer refers to a "custodial parent," a parent who has the majority of the parenting time or shares equal parenting time may be required to obtain approval before moving to a new home with their child. For a parent living in Cook County, he or she can move with the child up to 25 miles without needing approval from the court. This distance limit applies across state boundaries. DuPage, Kane, Lake, McHenry, and Will Counties follow the 25-mile rule as well, but for all other counties in Illinois, a custodial parent may move up to 50 miles from his or her original home.

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 Posted on December 02, 2019 in Child Custody

The law in Illinois requires divorcing parents to submit a plan for how they intend to care and provide for their children. Parenting plans include provisions for how child custody, officially called the allocation of parental responsibilities in Illinois, should be managed, as well as several other child-related concerns. One part of Illinois parenting plans that often gets overlooked is the “right of first refusal.” Read on to learn what the right of first refusal is and how you can include directions about extra parenting time in your parenting plan.

Maximizing Parenting Time With Right of First Refusal Provisions

If you are a parent who is getting divorced, you may worry that you will not get to spend as much time as you want to with your child once the divorce is finalized. Parents who are used to seeing their children every day can understandably have a difficult time adjusting to a parenting schedule where they see their children less often. The right of first refusal refers to the right that parents have to spend time with their children when the other parent cannot fulfill his or her parenting time obligations.

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 Posted on November 30, 2019 in Estate Planning

Preparing a will is, for many people, the cornerstone of estate planning. For some, a will can be enough to cover much of their estate, while others may require additional planning instruments to meet their needs when they are gone. Regardless of the size of your estate, choosing an individual to oversee the execution of your will is one of the most important determinations that you will have to make during the estate planning process. A person or entity tasked with such responsibility is called an executor in Illinois-sometimes known as a personal representative in other states-and should be worthy of the trust that you have placed in him or her to protect your assets and property.

Duties of the Executor

An executor may be a financial institution, trust company, or other entity, but in most situations, it is an individual person, often a friend or family member. Upon your death, your executor will be responsible for:

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 Posted on November 29, 2019 in Divorce

According to the American Psychological Association (APA), data from the National Survey of Family Growth shows that 48 percent of marriages end when they hit the 20-year mark. Despite this evidence and the colorful divorce horror stories we all hear from our friends, family members, and neighbors, the reality is that not all couples who make up these kinds of statistics experience a toxic divorce. Many spouses are not only able to make a mutual decision to end their marriage, but they are also capable of navigating the process amicably, even acting as a team to ensure a smoother experience for everyone involved.

Avoiding a Contested Divorce

Not every divorce is messy, but those that are can have the power to wreak havoc on your emotional -- and sometimes physical -- well-being, especially if you do not know how to handle the conflict.

While you cannot control your partner’s choices and behavior during the divorce, you can control your own response to whatever comes your way. For this reason, divorce psychology experts place a big emphasis on the importance of being proactive when it comes to your role in a high-conflict separation.

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 Posted on November 27, 2019 in Divorce

Issues of family law, including divorce, parental responsibility concerns, and child support, can become extremely contentious and stressful. Too often, the opposing parties become so focused on “winning” or proving a point that they lose sight of the real matters at hand. This can be especially tragic when children are caught in the middle, as they often become collateral damage when they should be the primary focus.

If you are in the midst of an ongoing legal struggle, there is, unfortunately, no quick fix. But despite being a popular Hollywood cliché, you may choose to take some inspiration from the spirit of the Christmas season. Perhaps, instead of continuing to find ways to “win,” consider proposing a more cooperative approach to settling your differences. For many families, mediation may be just the solution they need.

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 Posted on November 25, 2019 in Divorce

According to research by the American Pet Products Association (APPA), 68 percent of U.S. households include at least one pet. Pets are often considered members of the family. Owning a dog, cat, or another animal has social and emotional benefits for adults and children alike. Pets are technically considered property, but under Illinois law, they are treated differently than a house, car, or other physical assets during a divorce. Therefore, it is important for pet owners who are divorcing to understand their rights regarding who gets to keep the family pet.

Marital Property and Equitable Distribution

Under Illinois divorce law, marital property is divided based on what is fair. This is called “equitable division.” Instead of a 50/50 split of assets, property and assets are split dependent on factors such as the length of the marriage, each spouse's contributions to the marriage, and the decisions made regarding the custody of children. Every divorce is unique, and an arrangement that may work for one couple may not work for another family.

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 Posted on November 21, 2019 in Child Custody

For most people, holidays are spent with relatives and friends. This may include large gatherings with extended family members or a small celebration reserved for parents to spend time with their children. Regardless of your family holiday traditions, they typically include time spent with your kids. This may seem like second-nature to married couples; however, those parents who are recently divorced must learn how to navigate these special days differently. To ensure that both parents can have quality time with their kids, it may be necessary to adjust parenting schedules during the holidays.

What Is Considered a "Holiday" By the Court?

It can be difficult for the court to address specific holidays, since they can vary based on families’ traditions and religious beliefs. However, there are guidelines provided to help those formulating parenting plans pin down what they consider a holiday. Thanksgiving and Christmas may be the two that come to mind, but there are various other holidays throughout the year that divorcing couples must consider. Holidays that result in three-day weekends, such as Labor Day and Memorial Day, can be listed as holidays in your parenting plan. Because the children are off of school, this can allow parents to spend extra time with their kids.

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 Posted on November 21, 2019 in Estate Planning

It is hard to believe, but the winter holiday season is just about upon us once again. While Thanksgiving evolved as a celebration of the harvest and is, therefore, a fall holiday, it is also seen by many as the first of the winter holidays that also include Christmas, Hanukkah, and New Year’s. For the next month or so, families throughout the country will be getting together to eat, drink, and honor traditions that stretch back for many generations.

If your family will be getting together during the holidays, you might consider taking advantage of the opportunity to discuss your estate plans. Obviously, talking about what will happen after your death might not be the most comfortable discussion ever, but having the conversation now could go a long way toward preventing disputes and family infighting later.

Things to Talk About

This estate planning discussion does not need to last for many hours, nor does it need to be terribly detailed. The main goal is to let your loved ones know that you have created an estate plan and that the plan includes several important decisions. It is up to you to decide who should be included in the discussion, but most experts agree that your spouse and all of your children should be present, if at all possible.

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 Posted on November 18, 2019 in Child Support

When parents get a divorce, they are still responsible for taking care of their children. How this is orchestrated may change, but every child has the right to receive support from both of their parents, emotionally and financially. This is why when parenting plans are created, a judge will likely keep both parents involved in the child’s life unless there are extreme circumstances, such as abuse. Child support is how the noncustodial parent will financially contribute to the child’s well-being.

Determining Child Support

When child support is calculated in Illinois, both parents’ net incomes are considered using an "income shares" model. The numerical amount of support that parents are responsible for is based on their percentage of combined net income. The paying parent is usually the person who has the least amount of parenting time. Child support for the main custodial parent is implied. Money paid for child support goes toward basic needs, medical costs, and school expenses for the child only.

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 Posted on November 14, 2019 in Estate Planning

It seems that our reliance on computers and the internet grows stronger every day. If you are like most people, you probably use email, text messages, and social media to keep up with friends and family. You may pay your bills online, use your phone to deposit checks, and have loads of photographs stored on electronic devices.

Have you ever thought about what will happen to your digital life after you pass away? It is becoming increasingly important to include directions about digital assets in estate plans. Failing to account for these items in your will and other estate plans can cause your surviving loved ones unnecessary stress and expense.

Take Inventory of Your Digital Assets

It can be overwhelming to consider how your digital assets should be managed after you are no longer able to do so yourself. To get started, take inventory of all of your important accounts and files. Make a list of any:

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