Blog Posts

Do I Have to Pay Child Support If I Am Unemployed?

Losing your job can be devastating and extremely stressful. If you have recently lost your job and are now unemployed, your current child support order will not automatically go away. You will still be required to make your monthly child support payments, and if you stop paying child support, the debt will accrue, commonly called

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Do I Need A Prenuptial Agreement?

A prenuptial agreement is a binding and enforceable contract entered into by two potential spouses in anticipation of their marriage. While no couple soon to be married wants to think about potentially getting divorced, it is very important to prepare for the worst-case scenario to ensure that you are protected. If you and your spouse

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What does commingling property mean in Illinois during a divorce?

When you or your spouse decide to pursue a divorce, Illinois state law requires all of your property to be divided and classified as either marital property or non-marital property. For many couples, the process of determining which property is marital or non-marital can be very confusing and in certain instances can determine your financial

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Default Divorce: Proceeding With Your Divorce Without Your Spouse

If you want to file for a divorce, but you are worried your spouse will refuse to participate in the divorce case, you can still move forward. While you or your spouse can initiate the legal process to end your marriage, some amount of cooperation is required from both spouses to complete the divorce in a

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How Do I Legally Change My Minor Child’s Name?

There are many reasons why you may want to change the name of your child, including divorce, adoption, or after establishing paternity. In the State of Illinois, you will need court approval to legally change your minor child’s name. The process of correctly filling out the court forms, filing the forms with the Clerk, providing

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What is Income for Calculating Child Support in Illinois?

What is income for calculating child support? When you have an obligation to pay child support what is income for calculating the total amount you would owe? For the purposes of determining child support, “net income” is the “total of all income from all sources” minus the statutorily defined deductions. 750 ILCS 5/505(a)(3). The concept

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What happens to my pension after a divorce?

A big concern for many is what happens to a pension that you may have when your divorce is finalized. It is well established in Illinois that pension plans of various kinds, whether matured, vested or non-vested, contributory or noncontributory, may be treated as marital property. The classification and reimbursement principles in 750 ILCS 5/503(a)

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My ex-spouse filed a Petition for Contribution to College Expenses, what do I do?

Question: What if a petition for college expenses is filed after a child graduated from college but while my divorce is pending? Answer: I think the main question here is whether or not the court has the authority to decide the issue because there has not been a settlement agreement binding the parties and there

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Your Divorce and obligation to pay college expenses, continued..

Continuing a further discussion from the last two blog posts that I have written, I want to touch base on another scenario regarding college expenses and your obligation to pay them on behalf of your children. Last time we discussed what it means to have what is called Section 513 expenses reserved in the Judgment

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What if my Judgment for Dissolution states that Section 513 expenses are reserved?

Following up some additional information to my last blog article about a parents obligation to pay for their children’s college expenses, comes some additional interesting scenarios that are important to keep in mind.   What if my Judgment for Dissolution states that Section 513 college expenses are reserved? What happens to my obligation to pay

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