FAMILY LAW
Family law is a diverse and sometimes complex area of law. It encompasses many different subjects including divorce, paternity, child support and custody issues, post-decree issues (those arising after the divorce judgment has been entered), as well as adoption proceedings. While it makes no difference what your particular legal dilemma may be, my office has the experience and knowledge to assist and pursue all available remedies.
Divorce
The legal process of divorce is to end the marriage and decide such issue such as child custody, visitation, child support, maintenance, property division and debt allocation. The process starts with a Petition that notifies the Court of your desire to end your marriage. This Petition is served upon your spouse and is usually followed by a Response thereto. Depending on the specifics of your case, the process may continue through temporary orders and discovery proceedings. Ultimately, the proceedings thus far are aimed to provide for a negotiated settlement in which both parties come to an agreement regarding custody, support, maintenance, property division and debt allocation. In the event you and your spouse are unable to agree and settle your case, it will go to trial. After hearing both sides of the story, through the parties’ testimony, exhibits and if necessary expert witnesses, the judge will make a final decision regarding the issues involved.
Due to the expense and unpleasant nature of a trial, a negotiated settlement is a preferred outcome. However, I will pursue all avenues and remedies available to insure the best outcome for each of my clients.
Collaborative Law
Collaborative divorce gives the parties an opportunity to settle their divorce without the oversight of the court. Unlike litigation, collaborative divorce allows the parties to negotiate in a structured, but non-adversarial environment with skilled legal counsel actively assisting them. Similar to litigation, the parties involved in a collaborative divorce each hire their own attorney. However, the attorneys involved in collaborative divorce are specifically trained in collaborative law and have settlement - not trial - as their primary objective. Settlement remains the main objective because the lawyers' continued employment depends upon his or her ability to facilitate an acceptable settlement proposal. Failure to reach settlement results in the end of the collaborative divorce process, and an end to the attorney's employment in your case.
The participants pledge, in writing, to work together respectfully, honestly, and in good faith to resolve issues and reach agreements beneficial to all involved. Participants also agree to up-front, honest disclosure of all pertinent information and documentation
Other collaborative law professionals are commonly added to the team for assistance with emotional, financial, or parenting issues. Our specially-trained financial advisors, coaches, and child specialists make progress towards agreement more efficient and effective. (Learn more about the role of each type of professional: attorneys, financial advisors, coaches, and child specialists.)
- Divorce Lawyer - Essential for the collaborative process, advises you on family law in your state and works with your spouse's lawyer to draft a settlement.
- Financial Professional - Educates you on the short and long-term financial aspects of your divorce.
- Mental Health Professional - Helps you develop strategies to cope with the emotional and mental strain of the divorce process.
- Divorce Coach - Combines practical techniques and emotional support for dealing with your divorce.
A series of private meetings are held to resolve all issues. In divorce cases, this includes parenting decisions and division of marital property. While each attorney is an advocate for his or her client, both attorneys ensure that all voices are heard and all needs are considered.
During meetings, everyone strives to remain civil and respectful to one another, setting aside the tendency to blame and resisting the impulse to rehash old hurts.
Once the participants reach agreement, the attorneys create legally-binding documents and file them with the courts. This holds all parties accountable to the settlement terms.
However, one of the benefits of collaborative law is that the participants have created the agreement themselves—they haven't had it forced on them—and are more likely to abide by it.
Child Support
Child support by definition is a financial contribution paid by the non-custodial parent to the custodial parent towards the expenses of raising his or her children. That seems pretty cut and dry. However, child support can turn into a major issue as divorces are often wrought with emotions. In Illinois, there are specific guidelines that are followed in the determination of how much child support is to be allocated. The state takes into consideration the income levels (both earned and unearned) of both the parents as well as the expenses associated with raising the child in their determination. Keep in mind that a judge has the authority to deviate from the guidelines if he or she determines that the situation warrants it.
First net income of the obligor is computed and support is then set on a percentage of the net income amount.
Number of Children Child Support
1 . . . . . . . . . . . . . . . . . . . . . . .20% of net
2 . . . . . . . . . . . . . . . . . . . . . . .28% of net
3 . . . . . . . . . . . . . . . . . . . . . . .32% of net
Legal net income is not your take home pay. Take home pay may have had 401(k) deductions taken out or other optional deductions. These are not appropriate deductions for the computation of child support. Legal net only allows for mandatory deductions.
Payments will continue until all the children of the marriage become emancipated. Basically, emancipation is an act by which parents relinquish their right to custody and are relieved of their duty to support the child. Emancipation can occur upon a child's marriage, induction into military service, by court order based on the child's best interest, as stipulated in the divorce agreement or when the child reaches an appropriate age. Appropriate age does not always mean 18 as many believe. When drawing up your divorce agreement it is important to clearly state at what age or milestone (such as high school graduation, college graduation, marriage, or they become self-sufficient) emancipation will occur. If your children are young, you may not even consider this issue, but you should. An unclear agreement made today may haunt you in the years to come. Keep in mind that child support is for the children. It is to keep their lifestyles the same as if you were not divorced. Children should not be victims of divorce or deprived of a normal childhood because of it.
Terminology
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Alimony
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Payment of support (not child support) from one spouse to another so that the spouse receiving the payment can maintain the lifestyle that he/she was accustomed to during the marriage. Also called spousal support or maintenance.
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Child Support
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The amount of money that the non-custodial parent pays to the custodial parent to help pay for the every day needs of the child(ren) such as housing, food and clothing.
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Contested Divorce
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The party sued opposes the because either : she/he denies the asserted grounds or he/she does not agree with the suing party as to the terms of the divorce i.e. property, child custody, child support, alimony, assumption of marital debts etc.
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Custodial Parent
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The parent with whom the child(ren) live the majority of the time with.
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Custody
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The legal right and responsibility awarded by the court for the care of a child
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Joint Custody
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The children live with the residential custodian and visit with the non-residential parent. Both parents have an equal say in major decisions affecting the children can only be made with notice and consent
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Sole Custody
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The custodial parent has the power to make all decisions, including day-to-day decisions as well as major decisions, concerning the child(ren)'s health, education and welfare without notice to and consent from the non-custodial parent
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Visitation
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The right of the non custodial parent to see the children
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Child Custody
Divorce posses a whole new set of child-rearing challenges for both parents. Issues of custody, visitation, education, medical needs, daycare provisions, and extracurricular activities all need to be addressed and settled so that life after a divorce may remain consistent and in the best interest of the minor children involved.
Although may variations are possible, usually parties enjoy either joint legal custody or sole physical custody.
Post-Decree Proceedings
These proceedings involve issues arising after the entry of a Judgment for Dissolution of Marriage. These issues can involve, among other things; modifications and/or enforcement. Modifications are changes requested due to a change in circumstances since the entry of a divorce settlement. These may involve child support, custody, visitation, etc. Enforcement means that you need court intervention to encourage a former spouse to obey the terms of a divorce agreement. These may include a failure to pay child support or maintenance, provide educational or medical supervision for the children, turn over property, allow/restrict visitation, etc.