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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 Posted on February 27, 2025 in Family Law

When parents divorce in Illinois, they must file a parenting plan with the court. This comprehensive legal document outlines parental responsibilities, a parenting time schedule, and several other guidelines that address your children’s needs and best interests. Customizing your parenting time schedule is very important.

Some lawyers do not take the time to understand your family’s dynamic, preferring to use generic parenting time arrangements. Our skilled Lombard, IL parenting time attorneys always tailor your plans to meet your and your children’s needs.

Why Do I Need a Custom Parenting Time Schedule?

Whether you have one shared child or several, each is unique. Your parenting time schedule should reflect their individual needs. If there is a significant difference in your children’s ages or if one of them has special needs, you may want to consider setting a different schedule for each child because:

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 Posted on February 25, 2025 in Family Law

Babies can be born in so many ways in 2025. Thanks to science and medicine, if people are unable to conceive naturally, they have a variety of options available. One of those options is using a sperm donor to help a woman get pregnant. However, if you are considering doing so to start a family, you might be wondering whether the donor could have any legal rights to your child. While the law is clear in many cases, there are some important factors to consider. To learn more, speak with a qualified Illinois family law attorney.

What Does Illinois Law Say About Sperm Donor Rights?

According to the Illinois Parentage Act, sperm donors typically have no legal claim to parental rights to a child born from their donation. The law lists specific situations in which this is the case. For example, if the sperm donation was made through a licensed medical professional entity, such as a fertility clinic, and the donor signed an agreement waiving any parental rights, the donor will not be considered a legal parent. Therefore, the sperm donor will not have any parental responsibilities or visitation rights.

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 Posted on February 20, 2025 in Estate Planning

Drafting your estate plan can be difficult for many reasons. It can take an emotional toll as it is natural for people not to want to dwell on their death or a hypothetical situation when they become incapacitated. It can also be challenging to sort through everything you own and decide what should go where after you are gone.

However, many people overcome their apprehension and manage to create a clear estate plan because the benefits cannot be denied. If you have children or loved ones, having all your wishes and instructions in an orderly manner can make everything go much smoother. They also have the peace of mind that comes from knowing they are doing what you would have wanted without needing to guess, argue, and stress over it. A comprehensive estate plan addresses every question that could arise. While many people know about wills and trusts, there are many aspects of estate planning that often go overlooked. To ensure that your estate plan is comprehensive, speak with a skilled Illinois estate planning attorney.

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