Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Divorce is always complicated, no matter how you look at it. There are many issues you must settle before you can finalize your divorce, one of those being the issue of alimony or spousal maintenance. In Illinois divorce cases, spousal maintenance is never guaranteed — some people will ask for maintenance and not receive it, some will never even bring the issue up and some are actually awarded maintenance when they seek it. For some people, maintenance is a necessity to help them survive, at least for the first couple of months after the divorce. Illinois spousal maintenance laws changed starting January 1, 2019. These laws affect the way spousal maintenance is calculated, so it is important that you understand the changes if you have not yet finalized your divorce.

Old Maintenance Laws

Prior to 2019, spousal maintenance was calculated by taking 30 percent of the payer’s income and subtracting 20 percent of the receiver’s income. This was a valid calculation for any couple whose combined annual income was less than $500,000, though the total maintenance awarded was not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

New Maintenance Laws

Beginning in 2019, the new United States tax code was put into effect, which deemed spousal maintenance no longer tax deductible to the payer. In response to this, Illinois changed how spousal maintenance is calculated. Now, spousal maintenance is calculated by taking 33.3 percent of the payer’s income and subtracting 25 percent of the receiver’s income. Also, instead of using gross income, the couple’s net income is used for maintenance calculations. These calculations also apply to couple’s whose combined annual income was less than $500,000. The maintenance awarded is still not able to be more than 40 percent of the couple’s combined income when adding the payment to the receiver’s income.

Get in Touch With a DuPage County Spousal Maintenance Attorney

Spousal maintenance can be especially stressful and confusing, especially since you are not guaranteed to receive spousal maintenance. If you believe you are entitled to spousal maintenance, you should contact an Aurora, IL spousal maintenance lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you determine how likely it is that you will receive spousal maintenance and we can also help you calculate what those payments would be. Call our office today at 630-409-8184 to set up a consultation today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time lawyer,When you get a divorce and you have children, chances are there will be some sort of child support involved. In Illinois, child support ends when the child turns 18 or until the child graduates from high school — whichever comes later. Even though your child has graduated from high school, that does not mean that your support for the child has ended. If your child decides to pursue some type of post-secondary education, you are responsible for contributing to their education. This type of support is considered to be “non-minor support” and lasts until the child turns 23. It is best if you and your spouse come to an agreement as to how college expenses will be handled, but a judge can allocate college expenses if need be.

Covered Expenses

The main thing most people think about when discussing college expenses is tuition. While that is typically the most expensive expense, it is not the only expense that is covered under the Illinois Marriage and Dissolution of Marriage Act. Other expenses that you may be responsible for include:

  • Up to five college applications;
  • Up to two standardized college entrance exams;
  • One standardized college entrance exam preparatory course;
  • Educational fees;
  • Housing expenses;
  • Meal plans;
  • Medical expenses, including insurance and dental costs;
  • Reasonable living expenses during the academic year and break periods; and
  • Books, supplies and other things needed to attend school.

Determining Who Pays What

The state of Illinois recognizes that not all families have the financial resources available to pay for post-secondary education costs. When making determinations about requirements for paying college costs, judges look at the following factors:

  • The current and future financial resources of both parents to meet their needs, including saving for retirement;
  • The standard of living that was established for the child during the marriage;
  • The financial resources of the child; and
  • The child’s academic performance.

Contact an Aurora, IL Divorce Lawyer Today

College is not cheap — that is no secret. When it comes to divorce and deciding who pays what, college expenses are determined just like any other financial obligation that the couple has. At the Law Offices of Matthew M. Williams, P.C., we can help you and your spouse come to a decision on who will pay what for your child’s college expenses. Our skilled DuPage County divorce lawyers will help you make your divorce go as smoothly as possible. Call our office today at 630-409-8184 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k513.htm

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,A common outcome of divorce when you have children and you are their primary caregiver is child support. Many families depend on these support payments each month from the other parent to ensure that the children are fed, clothed and have everything that they need. Once a child support order is entered, it cannot be modified or reviewed for at least three years — unless there is a significant and substantial change in circumstances. A significant change in the family’s circumstances is actually the most common reason why a child support modification may be granted, although they can also be modified if the child support orders do not address healthcare for the child or if the child support orders deviate from the support guidelines.

What Constitutes a Significant Change in Circumstances?

The Illinois Marriage and Dissolution of Marriage Act has guidelines for almost any issue that may arise during an Illinois divorce. In the section about child support, the Act defines what the courts would consider to be a significant change in circumstances. In Illinois child support modification cases, a significant change in circumstances can include:

  • An increase in the needs of the child: If the child has increased needs, then an increase in the amount that is paid in child support may also increase. The courts will still look at each parent’s financial situation and determine whether or not a change in warranted and which parent is in the best position to cover the increase in needs.
  • A change in the paying parent’s income: Whether the parent who pays child support has an increase or decrease in income, this can be cause to change a child support order. The courts will look at what the cause was for the change in income and whether or not the change was made in good faith.
  • A change in the receiving parent’s income: If the receiving parent’s income changes, this can also be a reason to modify a child support order.
  • The remarriage of either parent: Just because a parent remarries does not automatically mean a child support order will change. The courts will look at the new financial situation of the family and will determine whether or not any increase in financial obligations and income of the new spouse warrants a change.
  • A change in the allocation of parenting time: If there is a change in how parenting time is allocated between the parents, this can constitute a significant change in circumstances.

Get Help From a DuPage County Child Support Modification Attorney

Navigating the child support system can often be confusing and stressful. Requesting a modification may be easy, but when it comes to proving your case in court, that is when you need the help of an experienced Aurora, IL child support modification lawyer. Whether you are the one requesting a change in your existing child support orders or you are fighting a requested change, the Law Office of Matthew M. Williams, P.C. can help. Let us help you get the financial support that your child deserves. Call our office today at 630-409-8184 to set up a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,When you are going through a divorce, it can pretty much turn your life upside down. Though you may experience some stress and anger, there are ways that you can combat that stress and deal with your anger in a healthy way. Unfortunately, this is not what happens in all divorces. In some cases, one parent may have so much hate for the other parent that it overcomes the love that they have for their children. This is when parental alienation usually appears and it can be detrimental to your child’s wellbeing.

What Is Parental Alienation?

Parental alienation occurs when one parent tries to turn the children against the other parent. Most of the time, this happens when one parent is so angry at the other parent that they use deprecating comments, false allegations, and bribery to try to get the child to turn against the parent. Both the mother and the father are equally as likely to be the alienated and alienating parent. Typically, parental alienation occurs in families in which one or both parents have a personality disorder, but parental alienation can happen in any family.

Parental alienation is detrimental to children because the parent who initiates the alienation undermines the child’s relationship with the targeted parent. The child, who does not know any better, rejects the targeted parent and begins to believe that the parent is evil and untrustworthy, even when that is not the case. More disturbingly, children who are victims of parental alienation often report feelings of self-hatred, low self-esteem, depression and lack of trust.

Signs of Parental Alienation

There are many different ways your spouse can attempt to turn your child against you. Warning signs that your spouse may be trying to alienate your child from you include:

  • Your child requests that you do not come to events;
  • You are no longer listed as the parent to contact for school;
  • Your child becomes combative and does not want to listen to you; and
  • Your child repeats derogatory phrases that they heard from your spouse.

A DuPage County Divorce Lawyer Can Help

Parental alienation is never appropriate in any situation. Not only is it heartbreaking for you, but it is detrimental to your children. If you think your spouse may be trying to alienate you from your child, you should contact a skilled Aurora, IL divorce lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you figure out a strategy to deal with your child’s other parent, but more importantly, we can help you work out a favorable parenting plan. To schedule a consultation and begin working on your case, call our office at 630-409-8184.

 

Sources:

https://goodmenproject.com/divorce/9-warning-signs-parental-alienation-cmtt/

https://www.psychologytoday.com/us/blog/resolution-not-conflict/201802/parental-alienation-syndrome-what-is-it-and-who-does-it

https://www.psychologytoday.com/us/blog/co-parenting-after-divorce/201304/the-impact-parental-alienation-children

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