Archive for the ‘Chicago family lawyer’ tag

Child Support in an Illinois Divorce

April 17th, 2015 at 3:14 pm

child support, children of divorce, Illinois family law attorneysWhen a couple with a child divorces, two of the most important issues they have to work out during the divorce process are child custody and child support. Child support is the money paid from one parent to the other to cover the child’s basic needs, such as his or her food, clothing and housing until the child becomes an adult. In some cases, child support may continue even after the child turns 18 years old..

When beginning to analyze a child support amount, the court is required to first consider specific guidelines. The guidelines that the court must use to determine a couple’s child support agreement are included in the Illinois Marriage and Dissolution of Marriage Act.

The court’s goal is to ensure that your child’s needs are met and apportioning the child’s financial needs between both parents. Generally, a parent of one child can expect to pay 20 percent of his or her net income for child support. This percentage increases with each additional child being supported. However, this is only a starting point– other factors may be considered when determining a child support amount, and a parent may end up paying more or less than this amount depending on what the court finds to be in his or her child’s best interest. This is known as a deviation from the child support guidelines.

Calculating Child Support in Illinois

If the court is going to deviate from the guidelines under law for determining an appropriate amount of child support, it will consider the following factors:

  • Each of the parents’ income and current financial resources;
  • The child’s specific individual needs, including his or her academic or health care needs;
  • The standard of living that the child had before the divorce; and
  • Any financial resources the child may have.

Talk to your attorney about how your individual financial circumstances may affect your child support order. Significant changes in your family’s financial circumstances, such as job loss or retirement, can be a cause to seek a modification of your child support order.

Child Support Attorneys in the Chicago Area

If you are a parent planning to file for divorce in the near future, contact Anderson & Associates, P.C. at 312-345-9999 to learn more about what you can expect from your child support hearing. Our skilled Chicago family law attorneys proudly serve Illinois families in our five office locations: Schaumburg, Northbrook, Orland Park, Wheaton, and downtown Chicago. Do not wait to contact our firm – when you are working through any type of legal issue, it is always in your best interest to be proactive and seek legal guidance as soon as you can.

How Spousal Support Can Help You After a Divorce

April 8th, 2015 at 2:49 pm

spousal support, spousal maintenance, Chicago family law attorneySpousal support, known as spousal maintenance in Illinois, is when one spouse pays the other spouse a set amount of money after a divorce for his or support. The length of time a spouse is required to make payments varies from case to case and may change based on the parties’ future circumstances, such as the spouse remarrying. One thing that does not change is that spousal support payments can help a spouse who has earned less or stayed at home during the marriage to improve his or her quality of life after divorce.

Become Self Supportive

If you have skills, but have not worked due to staying at home or the nature of your ex-spouse’s job, you may receive short-term or long-term spousal payments. You can use the payments to support yourself while you start your own business, find a job, or find another way to support yourself. Having the maintenance payments can enable you to follow your dream of owning your own store or doing something you love. It can also allow you time to find a job you want, or go back to school.

Finish or Obtain an Education

Rehabilitative support can allow the spouse receiving maintenance payments to receive them long enough to complete a degree so they are able to support themselves. Often times, the payments will cover living expenses while they attend college or a vocational program to better their skills and obtain a job.

Maintain Your Standard of Living

If a certain standard of living was maintained during the marriage, spousal support payments can help you maintain a lifestyle as close as possible to that standard. When couples divorce, sometimes one spouse has stayed at home or worked less than the other spouse. Suddenly eliminating the standard that has been set during the marriage can be shocking for some people and spousal support can help you maintain the lifestyle to which you have become accustomed.

Spousal support is not considered necessary in every divorce. Multiple factors will be taken into account, such as standard of living during the marriage, income of both spouses, financial needs of each spouse, earning capability, age, and length of the marriage. You deserve a qualified divorce attorney on your side to help ensure you get the best results for your spousal support.

Filing for divorce is not an easy decision and litigating spousal support issues can be complex. Speaking with an experienced Chicago family law attorney can help alleviate any confusion or stress about the divorce process or spousal support payments. Anderson & Associates, P.C. assists clients in Illinois from one of our five offices, conveniently located in Chicago, Schaumburg, Wheaton, Northbrook, and Orland Park.

Choosing Cohabitation Over Remarriage

September 25th, 2013 at 10:43 am

Choosing Cohabitation Over Remarriage IMAGEFewer Americans are opting to remarry after a divorce, according to a recent analysis by Bowling Green State University and reported upon in the Huffington Post. “The findings,” reports the Huffington Post, “showed that a mere 29 of every 1,000 divorced or widowed Americans remarried in 2011. Back in 1990, 50 of every 1,000 divorced or widowed Americans had married again.” Concurrent with this is the fact that the percentage of recent marriages in which one or both people is remarrying has been steadily declining in recent years. According to a 2006 Census Bureau publication, in 1996, 43.4 percent of all marriages within the past year involved a person who was remarrying. In 2001, that percentage had dropped to 37.8; in 2004, it had dropped to 35.9 percent.

One reason for this decline could simply be a skewing of demographics: with a substantial increase in the population of the elderly due to the ageing of the Baby Boomer generation, there are likely to be more widows who are old enough that they don’t remarry. Because women live longer, according to the U.S. Census Bureau, they are more likely to be widowed than men—three times as likely, in fact. According to Census Bureau statistics, 48 percent of elderly women are widowed, as opposed to 14 percent of elderly men. There are not statistics available as to how many elderly widows are remarrying.

And yet sociologist Susan Brown told the Huffington Post that “the rising number of couples opting for cohabitation could be the reason” as well. According to 2012 Census data and reported by the Huffington Post, “the number of unmarried couples living together has more than doubled since the 1990s, from 2.9 million in 1996 to 7.8 million in 2012.” This is due in part to a shift in cultural attitude toward unmarried couples living together—what used to be considered “living in sin” is now more often thought of as a viable and financially-sound alternative to marriage. According to the USA Today and data from the Census Bureau, 7.8 million unmarried couples were living together in 2012. “Between 1990 and 2012,” reports USA Today, “the percentage of unmarried couples living together more than doubled, from 5.1 percent to 11.3 percent.”

Unmarried people looking to cohabit can still establish legally binding ground rules for living together and can spell out their respective financial obligations for covering rent, mortgage payments, utilities, and other day-to-day living expenses by entering into a written cohabitation agreement prepared by an attorney experienced in family law matters.

If you or someone you know is considering cohabitation, divorce, or remarriage, it could be worth sitting down with a qualified professional. Contact a dedicated Chicago-area family law attorney today.