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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 Posted on March 14, 2025 in Divorce

Gray divorce – the term describing divorce that happens later in life – presents unique financial challenges, including how to address Social Security benefits. Divorce can affect Social Security income for older adults in Illinois and it is crucial to understand your options for protecting your financial future. An experienced Illinois divorce lawyer who has guided older clients through this process can help ensure you receive the benefits you are entitled to.

What to Know About Social Security Benefits After Divorce

Social Security benefits are governed by federal law, so the rules are the same across all states, including Illinois. However, it can still be challenging to navigate these rules during a divorce. Here is what you need to know:

Eligibility for Spousal Benefits

If you were married for at least 10 years, you may be eligible to claim Social Security spousal benefits based on your ex-spouse’s work record. This applies even after divorce. To claim these benefits, you need to be unmarried. You also need to be at least 62 years old and your ex-spouse also needs to be eligible, even if he or she does not need to actively claim them yet.

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 Posted on March 12, 2025 in Family Law

Illinois recognizes the important role that grandparents can play in their grandchildren's lives. However, when something like divorce, estrangement, or the death of a parent happens, grandparents might notice they are prevented from seeing their grandchildren. Illinois law does provide ways for grandparents to petition for visitation rights, but only under specific circumstances. A qualified Illinois family law attorney can explain the legal process so you understand how to navigate this challenging situation.

When Can Grandparents Seek Visitation Rights?

Grandparents in Illinois cannot automatically demand visitation rights. Instead, they must demonstrate why certain conditions make visitation necessary. Under the Illinois Marriage and Dissolution of Marriage Act, grandparents can petition the court for visitation under one of the following conditions:

• One parent has died or been missing for at least 90 days.

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 Posted on March 12, 2025 in Divorce

Many people are aware that couples need to divide their property and other assets and resolve questions about child support and spousal support when going through a divorce. However, when mentally preparing for the financial impact of divorce, a lot of people do not realize that debt amassed during a marriage also needs to be divided among the spouses. Understanding how Illinois law handles debt division can help divorcing individuals protect their financial interests. An experienced Schaumburg, IL divorce lawyer can explain what is involved and help you set realistic expectations.

How Does Equitable Distribution Impact Debt Division?

Illinois follows an "equitable distribution" model for dividing a marital estate during a divorce, meaning that all marital assets and debts are not necessarily divided equally but instead, in a way the court deems fair. In deciding what is fair for any given couple, the court needs to consider several factors, including how long the couple was married, each spouse’s financial status and future earning capacity, and more. Depending on the circumstances, one higher-earning spouse might be ordered to take on a significantly larger portion of the couple’s debts.

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 Posted on March 06, 2025 in Estate Planning

Many of us have seen someone on TV or in a movie scrawling their last will and testament on a bar napkin. But would something like that actually hold up in court?

In Illinois, there are specific requirements for a will to be considered valid. If you have found yourself scribbling instructions for the future and you are not sure whether that means you have left clear instructions, a qualified Illinois estate planning lawyer can help you ensure that your final wishes are honored.

Are Handwritten Wills Valid in Illinois?

In Illinois, handwritten wills, officially known as holographic wills, are only legally recognized if they meet the state’s strict standard will requirements for a valid will under state law. According to the Illinois Probate Act, a will can only be legally valid if:

• It is in writing (can be handwritten or typed)

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