Recent Blog Posts
Can I Change My Child Support Order in Illinois?
Illinois family courts recognize that jobs change, health needs grow, and parenting time can shift. For this reason, the law allows you to ask the court to make changes to your child support arrangement when the current order no longer fits real life. The goal is to keep support fair and tied to your child’s best interests as circumstances evolve for both parents. If you need to modify your child support order, an experienced Wheaton, IL child support attorney can help.
When Can a Child Support Order Be Modified in Illinois?
According to 750 ILCS 5/510, a judge may change a child support order when there is a substantial change in circumstances. This means a real shift in income, parenting time, or the child’s needs, not a short-term fluctuation. The new amount usually applies only to payments that come due after your modification request is approved, so filing promptly matters.
Can Prenuptial Agreements Include Lifestyle Clauses in Illinois?
When preparing for marriage, many couples in Illinois choose to sign a prenuptial agreement to outline how financial matters will be handled if the marriage ends. In recent years, some couples have started including lifestyle clauses in their agreements. Before adding these provisions, you should understand how Illinois law treats them. A Schaumburg, IL prenuptial agreement attorney can help you determine whether a lifestyle clause is appropriate for your situation.
What Is a Lifestyle Clause in an Illinois Prenuptial Agreement?
A lifestyle clause is a section within a prenuptial agreement that sets rules or expectations for conduct during the marriage. Unlike provisions that govern property division or spousal maintenance, these clauses focus on day-to-day living or personal choices. For example, some couples include agreements about spending limits, child-rearing approaches, or restrictions on public sharing of personal details through social media.
Common Mistakes to Avoid When Creating a Power of Attorney in Illinois
A power of attorney is a legal document that everyone should include in their estate plan. It lets you choose a person you trust to make important financial, health, or property decisions on your behalf if you cannot. Because of the authority these documents provide, even small errors can create significant legal or personal problems. Working with an experienced DuPage County, IL estate planning attorney helps ensure your documents are valid and reflect your intentions.
Choosing the Wrong Agent for a Power of Attorney in Illinois
One of the most serious mistakes you can make when drafting a power of attorney document is naming the wrong person as your agent. Section 2-4 of the Illinois Power of Attorney Act clarifies that an agent must act in good faith, use due care, and follow your instructions. However, if you appoint someone careless or financially irresponsible, the law alone may not protect you from their poor decisions. For example, if an agent ignores your wishes about medical treatment or mishandles money, the consequences can be difficult to undo. Selecting a responsible and trustworthy person is the most important step you can take.
Preparing for Mediation To Resolve Child Custody Disputes in Illinois
When parents face disagreements about child custody, known in Illinois as parental responsibilities, the court may require them to participate in mediation before moving forward with a trial. Mediation provides a less stressful way to address conflicts, focusing on solutions that support the child’s best interests.
With preparation, mediation can help avoid costly litigation and encourage cooperation between parents. Working with an experienced Arlington Heights, IL child custody attorney ensures that you enter mediation with the right strategy, documents, and goals.
Documents You Need for Child Custody Mediation in Illinois
Before attending mediation, you should gather documents that demonstrate your ability to meet your child’s needs. Some of the most important records include:
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Financial records: Documents, such as pay stubs, tax returns, and proof of monthly expenses, are critical since Illinois child support is calculated using the Income Shares Model under 750 ILCS 5/505.
What Does a Parenting Coordinator in Illinois Do?
In Illinois, when parents are unable to agree on decisions regarding their children, the court may appoint a parenting coordinator to help resolve conflicts. A parenting coordinator is a neutral professional who helps parents navigate difficult issues related to parental responsibilities, also known as custody and visitation, and other parenting decisions. The main goal of a parenting coordinator is to reduce the negative effects of high-conflict situations and prioritize the well-being of the child.
Parenting coordinators can be lawyers, therapists, or other experts in family law who work with families in conflict. They can often stop problems from getting worse and help parents work together better. If you need assistance to work through co-parenting issues, a Lombard, IL parenting coordinator attorney can help.
The Role of a Parenting Coordinator in Illinois Family Court
In family court, parenting coordinators have a range of responsibilities, including:
Do I Have to Share My Inheritance in an Illinois Divorce?
Dividing property is arguably the most contentious step in a divorce. Each state has laws governing property division, and inheritance is a significant consideration for many couples. If and how it is divided depends on your circumstances. For help with your specific case, speak with an experienced Arlington Heights, IL property division attorney.
How Is Property Divided in an Illinois Divorce?
Illinois follows the rule of equitable distribution. This means that shared property is divided based on what is fair rather than an equal split. The court looks at several factors when dividing assets, such as what you each make in income and what your individual needs are.
Under 750 ILCS 5/503, marital property includes most things either spouse acquires during the marriage. This includes income, homes, vehicles, retirement accounts, and even debts. However, some types of property, such as inheritance or gifts received by one spouse, may be excluded from the marital estate if certain conditions are met.
Do I Need a Living Will and a Last Will and Testament in My Illinois Estate Plan?
When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. Having both can give you and your family peace of mind. Speak with a Wheaton, IL estate planning attorney to ensure your documents are valid and complete.
How Is a Living Will Different From a Last Will and Testament?
A last will becomes effective after you pass away. It lets you name an executor, choose guardians for minor children, and decide who inherits your property. Without a will, your estate will be divided based on Illinois's intestacy laws, which may not reflect your wishes.
A living will, on the other hand, has nothing to do with property. It is a legal document used while you are still alive in case you become seriously ill or injured and can no longer communicate or make decisions for yourself. It typically addresses end-of-life care, such as whether you want life-sustaining treatments like ventilators, feeding tubes, or resuscitation. This can ease a significant burden on your loved ones, who would otherwise have to make those decisions for you during a stressful time, hoping they know what you would have wanted.
Will an Order of Protection Affect Child Custody in Illinois?
In Illinois, orders of protection can significantly affect child custody, especially when safety is a concern. When requesting an order, you need to know how they interact with parenting plans and court decisions. If you are in the middle of a custody dispute and an order of protection has been filed, an Arlington Heights, IL order of protection attorney can help you understand how the order may affect your case.
Orders of Protection and Emergency Changes to Parental Responsibilities in Illinois
An order of protection is issued by a court to prevent abuse, harassment, or threats. If the alleged conduct involves a child or occurs in front of a child, the court may decide that the accused parent should not have parenting time or decision-making abilities while the order is in place. Under 750 ILCS 60/214, an Illinois judge has the power to include temporary child custody provisions in an order of protection if the judge believes doing so is in the child’s best interests. This can include giving you temporary sole decision-making authority or suspending parenting time altogether. These changes are meant to be short-term but can influence longer decisions regarding parental responsibilities later.
What Is the Difference Between a Civil Union and a Marriage in Illinois?
When couples in Illinois consider formalizing their relationship, they typically choose to marry. However, there is another option. Both a civil union and a marriage offer legal recognition, but the differences can affect everything from benefits to out-of-state rights. Understanding the differences is key when deciding how to move forward with your relationship. For guidance specific to your situation, speak with a DuPage County, IL family law attorney.
What Is a Civil Union in Illinois?
A civil union is a legal relationship available to both same-sex and opposite-sex couples in Illinois. Civil unions became available in 2011 through the Illinois Religious Freedom Protection and Civil Union Act, under 750 ILCS 75. This law gives couples in a civil union most of the same legal responsibilities, protections, and benefits as those who are married, at least under Illinois law. Couples in a civil union have rights related to inheritance, medical decisions, property ownership, and other matters. However, these rights generally stop at the state level.
What Is a Special Needs Trust and How Does It Work in Illinois?
When drafting an estate plan, you can incorporate documents to protect your loved one with a disability. A special needs trust can be used to help them have financial security without compromising their benefits. Consider the purpose and benefits of these trusts and then speak with an experienced Wheaton, IL estate planning attorney about how to incorporate one in your estate plan.
What Is a Special Needs Trust?
A special needs trust is a legal arrangement that allows you to hold and manage money or property for the benefit of a person with a disability. This person is known as the beneficiary. The funds in the trust can pay for things that improve the beneficiary’s quality of life, such as special medical treatments, therapy, education, travel, or recreation. Often, a special needs trust will address needs or wants that government benefits do not typically cover.











