Category Archives: DuPage County Blog

DuPage County family law attorneysIf you make child support payments or receive them for your child, you undoubtedly recognize the importance of your obligation. Regardless of what happened between you and the other parent, your child is entitled to support from both parents. When a child support order is entered by the court, it is imperative for the supporting parent to comply with the order. It is equally important for the recipient parent to use the payments to support the child.

Over time, however, many families will come to a point where the terms of the support order no longer match the circumstances of their situation. In such cases, either parent may petition the court to have the order modified so that the child’s current needs can be addressed.

Dramatic Changes

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DuPage County family law attorneysIn your divorce case, you and your spouse will need to make difficult decisions on a large number of considerations. If the two of you are able to cooperate and negotiate amicably, you may be able to reach a reasonable agreement; however, if you cannot, it will be up to the court. In cases where spousal support, known as maintenance under Illinois law, is requested, the court is required by law to take a number of factors into account before making a determination. If you believe that maintenance is justified in your case, you need to understand what those factors are.

Reasons for Maintenance

A maintenance award is meant to offset some of the negative impact that a divorce can have on a financially disadvantaged spouse. In many marriages, one spouse is the primary earner while the other is essentially dependent on him or her, either by mutual agreement or due to the family’s circumstances. A divorce could place a spouse who relies on his or her partner financially in a very vulnerable position. It can be extremely difficult—impossible, in some cases—for that spouse to support him- or herself, especially if he or she is also primarily responsible for the care of the children. This is why maintenance exists, and the Illinois Marriage and Dissolution of Marriage Act provides the court with a list considerations that must be made when deciding on the need for spousal support.

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DuPage County family law attorneysIf you are a divorced parent, it can be challenging at times to maintain a healthy close relationship with your child when you have limited parenting time and relatively few parental responsibilities. Your bond with your child can be even further strained if your former spouse decides to remarry. Many parents are willing to endure the new challenges because the child may experience a renewed sense of security and stability as a result of the remarriage.  But, what if the other parent’s new spouse expresses interest in legally adopting your child? Do you know what your rights would be in such a situation?

Divorcing Parents

According to the law in Illinois, a child can have only two legal parents. When a child is born to a married couple, each spouse is presumed to be the child’s legal parent unless there a reason to believe otherwise—a paternity action filed by a third party, for example. A divorce does not alter either spouse’s status as the child’s legal parent. When a divorced parent remarries, his or her new spouse is not automatically afforded any parental rights or responsibilities under the law. He or she may be the de facto head of the household and act as a parental figure, but those are practical concerns and not legal considerations.

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DuPage County family law attorneyFor most couples, a wedding is a culmination of months—if not years—of planning for a day that will mark the beginning of the rest of their life together. With a ceremony, reception, and honeymoon to put together, relatively few give much thought to a prenuptial agreement. However, as thousands of American divorcees would attest, developing such a contract with your soon-to-be spouse can safeguard your personal and financial well-being.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract that a couple who are going to get married may create and sign prior to their wedding. The agreement typically specifies details how the couple will split their finances in the event of divorce. This includes the division of marital property, such as the house, bank accounts, and marital debt. If you or your spouse own a business, your agreement could also outline your plan for your interests should divorce become a reality. Prenuptial agreements can also be used for other considerations, such as the payment of spousal support and the payment of attorney's fees in the event of divorce.

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DuPage County divorce attorneysUnder ideal circumstances, it can be very complicated to file your personal income taxes correctly. If you are in the midst of a divorce, the situation can quickly become even more complex. As this year's tax season gets underway, there are a few things to keep in mind that could helpful if you are in the middle of a divorce or your divorce recently finalized.

You Probably Have Choices

The Internal Revenue Service offers taxpayers the ability file their annual tax returns several different ways. Those who are legally married typically have the most options. Legally married refers to your marital status on December 31 of the tax year in question. As such, even if you filed your petition for divorce before the end of the year, you are still legally married until the process is finalized and your judgment is formally entered by the court.

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St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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