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Wheaton family law attorney

Going through a divorce can significantly disrupt your life. Not only does it affect your mental and emotional health, but it can also wreak havoc on your financial situation. It may be hard to maintain the same standard of living once you and your spouse part ways. However, you can still obtain a sense of financial security. In some cases, you may be awarded spousal support or child support payments, or you may be required to pay support to your former spouse. To alleviate some of the stress, it is important to be hands-on and in control of your assets, income, debts, and expenses. A skilled family law attorney can guide you through the legal proceedings and help ensure that you are positioned for success once your divorce is complete. 

Here are a few steps to regain financial stability after a divorce:

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DuPage County family law attorney parental rights

Although Illinois family law prefers a child to have two parents actively involved in his or her life, there are times when it is in the best interests of the child to terminate one of the parent’s parental rights. Once an individual’s parental rights have been terminated, he or she is no longer responsible for the child, meaning he or she does not have to pay monthly child support payments and cannot make decisions on the child’s behalf. Illinois has strict and specific rules regarding the termination of parental rights, so it is important to understand them if you are ever involved in a legal dispute regarding your or your former partner's rights regarding your child. 

The Illinois Adoption Act and Parental Rights

Typically, a parent is not allowed to give up his or her rights in order to avoid parental responsibilities or paying child support. In addition, one parent is not allowed to petition to revoke the other parent’s rights as part of a child custody dispute. Typically, parental rights will typically only be terminated if the child is being adopted by a step-parent or another party. Under the Illinois Adoption Act, parental rights can be only involuntarily terminated if:

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Wheaton spousal support attorney

Since November 2013, same-sex couples have had equal access to marriage and divorce rights under federal law. In Illinois, a lesbian, gay, bisexual, transgender, questioning (LGBTQ) marriage is similar to opposite-sex marriage. Not only do same-sex couples have the right to get married, but they can also share property and assets, file joint tax returns, receive retirement and veterans’ benefits, and many other rights and responsibilities that opposite-sex couples receive following marriage. Since same-sex marriage is still relatively new, couples may not fully understand how the law applies to them when it comes to divorce. Therefore, if you are considering a divorce, it is critical that an experienced attorney guides you through the process. 

Illinois Divorce Laws

Illinois is a no-fault divorce state, meaning you do not need to give the court a reason why you and your spouse wish to end your marriage. According to the Illinois Marriage and Dissolution of Marriage Act, in order to be granted a divorce, a couple must only prove:

  1. Irreconcilable differences have initiated the failure of the marriage.

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Lombard, IL child support attorney

Child support refers to the money paid by one parent to the other parent to help financially support their child after the parents get a divorce. However, these types of payments may also be appropriate for couples who never married but had a child together. Typically, child support is paid to the parent who was allocated the majority of the parenting time with the couple's child. In Illinois, child support is based on both parents' net incomes, and an “income shares model” is used to calculate the amount of the payments. Child support arrangements must be approved by the court. Payments are typically made on a monthly basis, and a parent can face penalties if the support payments are late or if support is unpaid.

Child Support Uses

Overall, child support is intended to maintain the child’s well-being and guarantee all of his or her basic needs are met. The basic child support obligation determined using the income shares method is meant to cover the following types of expenses:

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Wheaton divorce attorney parenting time

If you are a parent who is divorced or legally separated, you are likely familiar with the court-approved parental responsibilities you and your ex may have spent hours trying to resolve. A parenting plan is a legal document that outlines child-related issues such as with whom your child will live, who has decision-making authority regarding issues such as children's education and medical care, and more. Unfortunately, your child may not be too happy about the decisions made during your divorce, and they may state that they do not wish to spend parenting time (visitation) with your ex-spouse. However, even if your child is reluctant to spend time with his or her other parent, you will be required to follow the parenting time schedule set down in the parenting plan, and you may face penalties for failing to fulfill the court's orders.

The Reasons Behind the Refusal

Understanding why your child does not want to visit the other parent is the first step in addressing the issue. During this time, it is important to keep these tips in mind:

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