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Tips for How to Negotiate a Parenting Plan

Posted on March 06, 2019 in Uncategorized
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DuPage County Divorce LawyerOne of the main priorities of any divorcing parent is to figure out how to create a parenting plan that best supports the child’s development and allows each parent sufficient time and input in the child’s life. There is no one-size-fits-all approach to these agreements because the needs of each child and the circumstances of each family differ.

The most important aspect of any parenting plan is that it includes terms the parents can follow without constant conflict. This is often easier said than done due to the strong emotions involved after divorce. The court expects parents to make a genuine attempt to settle matters on their own, and while a family law judge must approve any plan, the specifics should be worked out between the parents. Courts do not have the capacity to fully analyze and understand the unique dynamics of a family, so any parenting plan created by a judge will be somewhat standard and generic as a result. This risks future litigation to enforce or modify the parenting agreement, a situation that is detrimental to the child’s well-being.

Parenting Plan Checklist

The main issues parents negotiating a parenting plan must settle are how to allocate parenting time and decision-making authority. Custody and visitation are no longer the standards in child-related matters, and the law is more focused on creating an arrangement that allows for a more collaborative approach to co-parenting.

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The Illinois Deadbeat Parents Law Regarding Child Support

Posted on February 28, 2019 in Uncategorized
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Wheaton, IL Child Support LawyersChild support payments are frequently ordered as a result of divorce proceedings, but they can occur in a variety of different circumstances. If an existing agreement mandates child support payments, it is imperative you make them as scheduled. Failure to do so can lead to dire consequences for your children, who may depend on these payments to get the clothes they need, nutritious food to eat, and school supplies.

The Illinois courts have laws to dissuade non-payment by enacting harsh penalties for delinquencies. If you are having difficulty making payments, it is vital you request a child support modification to avoid breaking these laws.

Refusal to Pay Child Support

Many child support payments withdraw directly from the non-custodial parent’s paycheck. The employer deducts the mandated payment per the provided court order. The employer then forwards payments to the State Disbursement Unit (SDU), which then disburses the money to the recipient. Each step in the child support process is recorded in a database with the Illinois Department of Healthcare and Family Services and the Division of Child Support Enforcement. If a payment is missed, DCSE or HFS sends a notice to all parties that the amount is past due.

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The Rules of Dating During Divorce

Posted on December 17, 2018 in Uncategorized
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dating-during-divorceDuring the divorce process, which can last more than a year in some cases, many people seek new companionship. If you are not officially divorced, however, you are still legally married and should be conscious of potential repercussions.

The idea of “almost divorced” does not exist; either you are divorced or you are not. Now that you and your spouse have decided to split, it may seem like the ideal time to boost your self-esteem and pursue potential love interests, but doing so can have negative implications.

Why Not to Date During Divorce

Divorces are very taxing, emotionally and physically. You often feel a drastic decline in self-esteem. You may feel ready to move on. Your friends might even encourage you to find someone new to help you “get over” your ex-spouse. Acting on this temptation, however, can backfire.

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Legal Issues When Relocating With Your Child After Divorce

Posted on November 06, 2018 in Uncategorized
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Wheaton child removal attorneyOur society becomes increasingly mobile with each passing year. Some of the top reasons to move often include a new employment opportunity or a desire to relocate to a new community. Another leading reason for relocation is a change in marital status. After a divorce, a person who has moved to a new city with their spouse may opt to return to their hometown, where they will have a more extensive support system. However, relocating with children after a divorce is not as easy as packing a bag and driving away. When planning for child relocation, parents in Illinois should be sure to understand the legal ramifications of their move.

Review the Terms of the Divorce Agreement

When you choose to move with your child, especially if you are planning to move out of state, you will be disrupting the parenting time (visitation) rights of the other parent. As part of your divorce decree, you may have temporary or permanent court orders outlining any rules or restrictions for moving. Choosing to ignore these orders may jeopardize your future with your children, and you could even be held in contempt of court, a charge which has serious legal repercussions.

Distance Matters

Generally speaking, if you are moving to a new home that is close to your old residence, you do not need to give prior notification to the other parent. However, if you reside within DuPage, Cook, Kane, McHenry, Lake, or Will counties and are moving 25 miles or more from your current home, you must notify the other parent in writing 60 days before the move occurs, and you must receive approval from the court. Parents who live in other counties within Illinois must provide notification if they plan to relocate more than 50 miles away, and notification must also be provided for an out-of-state move more than 25 miles from your current residence.

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Financial Abuse is an Often-Overlooked Type of Domestic Violence

Posted on April 23, 2018 in Uncategorized
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financial abuse, Wheaton family law attorneyWhen we think about domestic violence, what often comes to mind is the physical and emotional abuse that domestic violence victims sadly experience. However, financial abuse is also a type of domestic violence which abusers use to control and overpower their victims. Read on to learn about the warning signs of financial abuse.

When One Spouse is Completely Oblivious to Finances

In many marriages, one spouse is more financially-savvy than the other and therefore does the majority of money management. There is nothing wrong with this scenario. However, sometimes this imbalance of financial responsibility starts to become too extreme. When one spouse is solely in charge of the finances and does not allow the other spouse access to information or funds, he or she could be using money to abuse his or her partner. One major warning sign of financial abuse is when one spouse does not have his or her own debit card, credit card, or checkbook and only pays cash for items. Some abusive partners do not allow their victims access to bank accounts because they do not want them to escape the abusive relationship.

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