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modification, Lombard child support lawyersWhether you make or receive court-ordered payments of child support, you probably realize how much your children depend upon compliance with the order. As time goes by, however, an order may become out of sync with your child’s needs or your own financial situation. Fortunately, Illinois law provides several scenarios in which a modification of a child support order may be appropriate.

Substantial Change in Circumstances

Assuming that you pay child support, dramatic changes in your life or the life of your child can, obviously, affect your ability to make payments or the amount of support needed to truly help your child. For example, if you are injured in car accident, you may not be able to work for a time, making compliance with your support nearly impossible. Similarly, if your child is diagnosed with a serious medical condition, he or she may require additional support to help subsidize medical treatment. According to the law, a child support order can be reviewed for modification "upon a showing of a substantial change in circumstances."

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text message, Lombard divorce lawyers"Merry Christmas"

These two words were the entire contents of the first-ever text message, sent on December 3, 1992, by a 22-year old software engineer. Since that time, text message communication has become a way of life, with upwards of six billion messages exchanged every day in the United States. Text messages are short, simple, and quickly accessible for nearly every American adult, which explains their explosion in popularity. However, the very same characteristics that make text messaging so convenient can also create problems for those involved in legal proceedings, especially proceedings related to divorce or children.

Too Available?

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new law, Senate Bill 57, Kane County Family LawyersLawmakers in Illinois recently sent Governor Bruce Rauner a bill that would make a number of sweeping changes to a number of family law provisions in the State. The legislation takes aim at several different family-related concerns including parental relocation regulations, child custody agreements and spousal maintenance issues. It will also significantly impact divorce proceedings around the State in two primary ways.

Irreconcilable Differences

Known currently as Senate Bill 57, the new law, if enacted, would eliminate the at-fault grounds for divorce from the Illinois Marriage and Dissolution of Marriage Act. As a result, every divorce would be handled as a no-fault divorce on the grounds of irreconcilable differences. A large number of Illinois divorces already cite irreconcilable differences under the existing law, and, by law, fault cannot be considered in property division or spousal maintenance proceedings anyway. The proposed law would simply remove fault grounds such as infidelity, impotence, and physical cruelty as an option in divorce.

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Posted on in Paternity

denial of paternity, paternity law, Illinois family law attorneyUnlike decades ago, when most children were born into the "traditional" family – where the biological mother and father were married – in today’s society, there are a variety of different familial scenarios into which a child may be born.  As such, there is great deal of information available when it comes to legally establishing paternity for a child, both from a mother’s point of view and from a father’s point of view. One topic that is not commonly discussed is how a may legally deny paternity.

The law in Illinois regarding paternity is an interesting one, as it must account for a number of potential situations. If a woman is not married to the child’s father when she conceives or gives birth, then there are certain steps the parents must take in order to legally establish paternity of the child. Under the law, there are three acceptable ways to establish paternity:

  • Both parents must sign a Voluntary Acknowledgment of Paternity (VAP) document in order for the father’s name to be placed on the child’s birth certificate. By signing a VAP, the father is not only acknowledging paternity, but also acknowledging that he understands that he could be held legally responsible for child support, medical insurance, and medical expenses for the child;
  • If the father has not signed a VAP, the State of Illinois& Department of Healthcare and Family Services’ (HFS) Child Support Services can enter an Administrative Paternity Order; or
  • An Order of Paternity can also be entered into by a judge.

If a woman is married at the time she conceives or gives birth to a child, then the state says her husband is the legal father of that child.  The state makes this assumption whether or not the husband actually is the biological father of the child. That means unless there is some legal action which removes the husband as the child’s legal father, the state will hold him responsible for child support, medical insurance, and medical expenses. The child would also be legally entitled to a portion of the husband’s estate should he pass away.

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mental healthThere are many reasons which cause people to make the decision to file for divorce. Sadly, one of those reasons is when the other spouse suffers from mental illness. Studies have shown that people who suffer from mental illness have a higher rate of divorce. One study that was conducted in 2011 actually put that divorce rate increase at between 20 to 80 percent.

The multi-national study was conducted by the National Center for Biotechnology Information. The researchers found 18 different mental disorders which not only had an effect on whether or not a person dealing with one or more of those disorders stayed married, but also affected whether or not they married in the first place.

The mental disorders which had the largest impact on divorce rates were alcohol abuse, major depression, and specific phobia, such as post-traumatic stress syndrome (PTSD).

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child custody modificationLife happens, and a child custody order which may have been perfectly workable for both parties can quickly become outdated, unfair, and harmful to the children. A job change, a new relationship, a midlife crisis and countless other items can significantly disrupt a divided family’s life.

As a rule of thumb, most family law orders need to be formally modified, or at least updated, every three or four years. Many parents are concerned about visitation and custody provisions which may no longer be in the children’s best interest. What does a party need to prove to modify custody in Illinois?

Time

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balance in marriageIke and Mamie, Franklin and Eleanor, Ron and Nancy, Bill and Hillary are all examples of power couples who have made their mark on America’s political landscape. How do these political front runners, as well as other industry power couples, maintain marital balance and avoid consulting with a high power divorce attorney?

As per a recent article published by The Huffington Post, power couples tend to do marriage a bit different than the rest of us, although their marital strategies may offer some helpful hints for all marriages.

Brainstorming Together

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Posted on in Divorce

daughters divorce IllinoisPast studies have suggested that couples who have daughters are more likely to divorce than couples who have sons. In many research circles, the belief was held that the daughters were actually causing the divorces because fathers preferred sons over daughters and therefore the husbands did not want to stay married to women who did not produce sons. This thought was only confirmed for those researchers when the results of a study from 2003 were published with the following data:

  • Parents who have a daughter are five percent more likely to divorce than parents who have a son.
  • Parents who have three daughters are ten percent more likely to divorce than parents who have three sons.
  • Unmarried couples who are expecting a child are more likely to get married if the child is a boy.

Other researchers who disagreed with the theory that fathers were leaving marriages because of daughters pointed out that in 73 percent of marriage breakups, the wife initiates the divorce, not the husbands.

However, a new study from Duke University just may have discovered the answer to why the divorce numbers are higher for marriages with daughters. According to the study, the correlation between daughters and marriages may actually be occurring before the child is even born and is the result of female embryos being stronger and hardier than male embryos.

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Arlington heights family law attorney, finding a lawyer, divorce, Illinois, Lombard family lawyerOne of the most important steps in going through a divorce is choosing your attorney. Having the right attorney can help determine how smooth, or how wrought with delays and frustrations your divorce will be.

When choosing an attorney, you should consider several candidates. Get referrals from several sources. If you have friends who have recently gone through divorces, ask them. Depending on how their divorces went, some may even recommend their ex-spouse's attorney instead of their own. It is also a good idea to get referrals from other attorneys. If you have an attorney you consult with for business or an estate planning attorney, contact them and ask them for a referral. You can also visit the websites of your local and state bar associations to get names of family law attorneys.

After gathering referrals, take the time to research each one in order to help whittle down the list of you will make interview. The Internet is a good place to do this research. Check out the attorney’s website, as well as their LinkedIn page and other social media sites, such as Facebook and Twitter.  Some of the things to consider while conducting your research are:

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orphan adoption, The Orphan Foundation, Lombard family lawyer, Lombard adoption attorneyAccording to a recent article by Joe DiDonato, Co-founder and Chairman of The Orphan Foundation, adoption is experiencing new found advancements driven by a completely new set of personal motivators. No longer does the word "adoption" equate to couples experiencing infertility or solidifying the blended step family. What the Foundation found by implementing a grant program shows a totally different aspect of the adoption process.

With the acceptance of grant proposals by the Foundation, what the Board has found is that adoption is now geared toward helping children worldwide, often those with special needs releasing the stereotypical notion of why families turn to adoption.

Listed below are two examples of the first three proposals submitted to the Foundation for grant consideration.

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