Posted on October 27, 2021 in Wills and Trusts

While wills and trusts are both ways to pass money and property to your survivors, there are a few major differences. For example, a will has no effect until the testator has passed away, while a trust takes effect immediately. Many strong estate plans use a combination of a will and a trust, or trusts, as a way to make sure everything is covered. It is important to work closely with a qualified estate planning attorney, who can help you determine whether your ideal estate plan includes a will, trust, or both.

What are the Major Differences Between Wills and Trusts?

When you begin working on your estate plan, your attorney will discuss the benefits and drawbacks of both wills and trusts to help you decide what is best for your individual situation. A few key differences are:

• Timing - A will and trust take effect at different times. A living trust may immediately transfer ownership of any property you place in the trust to the trust. A will, on the other hand, has no legal effect whatsoever until you have passed away.

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 Posted on October 26, 2021 in Child Support

Different states have different methods for handling child support when either parent remarries. Illinois uses a method known as the "income shares model" to determine each parent’s financial obligation to their children and whether one parent must pay the other monthly child support. Parents’ incomes and the parenting time they have are the primary factors of child support payment calculations. Because remarriage potentially affects the remarried parent’s overall financial situation, either parent, paying or receiving, could request that child support payments be modified by an Illinois court.

Remarriage as Grounds For Child Support Modification

If the parent with the majority of parenting time gets remarried, the other parent - the one making the child support payments - may request a modification. Although the spouse of the remarried parent has no legal obligation to help pay for the children, having a second household income reduces the remarried parent’s financial burdens and gives them more disposable income to provide for the children.

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 Posted on October 25, 2021 in Family Law

Child support payments are legally binding obligations. Once a divorce order has been finalized, parents cannot simply choose not to pay child support because they feel it is unfair or they cannot afford it, nor can former spouses renegotiate child support payments themselves without the assistance of the court.

If a parent fails to make child support payments, in addition to jeopardizing their children’s well-being, they face serious legal consequences. For the parent who should be receiving child support, the lack of resources coupled with the frustration of recovering payments can present a very difficult challenge. Having the help of a qualified attorney can make the process easier and take some of the burden off of your shoulders.

Consequences of Failing to Pay Child Support

Illinois has many strategies to bring non-compliant parents current on their child support payments. If a parent does not pay child support, the other parent can notify the Illinois Division of Child Support Services (DCSS), which then begins monitoring the parent who is responsible for paying child support. Additionally, the Illinois Non-Support Punishment Act provides criminal charges for parents who fail to pay, especially if they do so repeatedly.

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 Posted on October 19, 2021 in Divorce

Although getting divorced is never easy, the divorce process can quickly become a nightmare if your attorney has become non-responsive or shows up to meetings unprepared. Besides the expense of hiring an unhelpful attorney, you may now be faced with the additional burden of finding and hiring someone else.

But before you decide to change your divorce attorney, it is important to set clear expectations so you know what could change and what will likely stay the same. There are certain things you can expect of your attorney, but some frustrations with the divorce process are natural and will happen no matter how great your lawyer is.

When is Hiring a New Attorney a Good Idea?

Although anyone can generally fire their attorney for any reason or no reason at all, you will be more likely to experience a smooth transition if you take certain steps first. Firing your attorney without having a new attorney already may lead to delays in your case and difficulty getting information transferred to your new lawyer.

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 Posted on October 15, 2021 in Family Law

Child support is a notoriously difficult area of family law, both because of its emotional impact on the parents who give and receive it, and because of the complexity of the rules involved in determining and modifying the amount.

Parents who are ordered to pay child support may feel angry or panicked if they worry they will not be able to make payments and maintain their own quality of life, but once a child support order has been handed down, it is difficult to modify - even if the paying parent feels the order is deeply unfair. If you have been ordered to pay child support and you fear you cannot meet your obligations long-term, do not stop making your payments and consult a qualified Illinois child support attorney.

When is it Possible to Modify an Illinois Child Support Order?

During a couple’s divorce proceedings, judges will often order temporary child support. This can be modified at any time before the divorce decree is finalized. Once a divorce decree is finalized, the child support order can be modified at any time before the child support obligation terminates. There is no mandatory waiting period. That being said, Illinois law requires a “substantial change in circumstances” to have occurred before judges will approve an increase or decrease in child support.

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 Posted on October 08, 2021 in Family Law

Parents going through a divorce in Illinois may experience some understandable anxiety when faced with the prospect of making or receiving child support payments. The paying parent may worry whether they will be able to afford their payments and sustain their current standard of living. The receiving parent may worry that payments will not get made and that their children will suffer as a result.

Illinois courts and judges take many factors into account when establishing a parent’s child support obligations. Understanding how these decisions are made is an important part of planning for your financial future. In this blog, we will explain the methods generally used to determine child support payments. It is important to remember that the exact calculation can be a lengthy and complex process, and the best person to answer your questions is an experienced Illinois family law attorney.

What Factors Does a Court Consider Regarding Child Support?

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 Posted on October 06, 2021 in Estate Planning

If you have already created estate planning documents, but it has been years since you looked at or thought about them, it might be time to speak to an estate planning attorney about updating them. You may find that your circumstances or wishes have changed substantially since the last time you looked at your will, trust, or healthcare planning documents. Even if you are confident that your estate planning documents still accurately reflect your wishes, laws change over time that may affect your estate. It is always a good idea to periodically review your estate plan with an attorney’s help to ensure everything is in order.

When is it Time to Review my Estate Plan With a Lawyer?

A variety of life changes may trigger you to want to update your will or trust, or other documents like your Healthcare Power of Attorney and Advance Directives. It may be time to see an attorney about your estate plan when any of the following changes occur:

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 Posted on September 24, 2021 in Family Law

Although most spouses could comfortably walk away from their partner after a divorce and never speak to them again, reality does not work that way. Even after a couple gets divorced, several things can keep them connected long into the future. This is especially true if children are involved. Child support, spousal maintenance, and arranging shared parenting schedules often compel former spouses to work together for many years after the marriage has ended.

This means that the decisions of each partner often affect the other, and few decisions have as much of an impact as the remarriage of a former spouse. Former spouses who wish to get remarried often wonder how their finances will change, and whether they will need to support two families and two spouses. This article will discuss the two most common issues a remarriage can impact - child support and spousal maintenance.

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 Posted on September 22, 2021 in Mediation

If you are getting divorced but the thought of spending hours in court negotiating with your spouse makes you queasy, there are other options. In fact, only a small percentage of Illinois divorces are actually litigated in court because the alternatives to litigation have so many advantages.

This article looks at the two primary alternatives to divorce litigation: mediation and collaborative divorce. Although they are similar, mediation and collaborative divorce are not the same, and it is important to understand their differences, so you know whether one of these options is right for you.

What is Mediation?

In an Illinois divorce, mediation is a negotiation process involving two spouses and an impartial third-party mediator. Mediators are trained professionals who can guide spouses through negotiations about important issues such as the division of marital property, parenting time, and spousal support. Mediators are skilled in conflict resolution and can help spouses keep hostility to a minimum. Although each spouse usually still has an attorney, the attorneys are not a part of the mediation process.

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 Posted on September 20, 2021 in Family Law

In the rush and excitement of planning for a wedding, many couples overlook the importance of a prenuptial agreement. But after the wedding is over and they settle into real life as a married couple, they may want to create a shared arrangement regarding their finances.

In many ways, postnuptial agreements are similar to prenuptial agreements. They can address how a couple will deal with day-to-day finances, work together towards retirement, and how they will allocate separate and marital property in the event of a divorce. Although prenuptial and postnuptial agreements may not seem romantic, they are actually a great way loving spouses can protect each other - whether they stay together or separate.

Who Can Benefit From a Postnuptial Agreement?

One common misconception about marital agreements is that they are only beneficial to older spouses, those who already have substantial financial resources, or those who share children from previous marriages. Although it is true that a prenup or postnup can be valuable to people in those circumstances, a postnuptial agreement can be equally valuable to a young couple just beginning their journey together in life.

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