Child Related Issues
Family Law & Divorce
How to Calculate Illinois Child Support After the July 2017 Law Change
On July 1, 2017 child support guidelines changed in Illinois. Now, child support will be calculated using an income shares formula which is used in forty other states. The model takes into account two main factors: each parent’s income and the amount of income that is usually spent on the number of children involved.
The new child support guidelines can significantly impact your child support obligation and payments. If your divorce case involves child support, or if you have any questions about how the new guidelines will affect the amount of support you pay or receive, contact the family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our lawyers can help you determine the amount of child support you will be legally required to pay.
One factor included in the new child support formula is the parents' net monthly income. Parents can use a standardized tax amount formula or an individualized tax amount formula to determine their net monthly income. Once each parent’s net income is determined, the two incomes are combined. Using this combined income and the number of children the parents share, tables published by the state of Illinois will be used to determine the amount of income that would ordinarily be spent to care for the children. For example, if the parents' combined income is $10,000 and they share one child, that amount is $1,445 per month.
After the amount required to care for the children is established, the amount each parent should contribute in support is determined. This amount is determined based on the contributions each parent makes to the monthly net income. If the non-custodial parent makes $7,500 per month, and the monthly net income is $10,000 per month, that means the parent contributes 75 percent to the net income. The percentage of contribution the parent makes is multiplied by the amount of child support obligation:
75% x $1,445 = $1,083.75 per month
Therefore, the parent would be obligated to pay $1,083.75 per month in child support.
The amount of parenting time each parent has with a child also affects the calculation of child support. The calculation above is true if the non-custodial parent has the child for less than 146 nights per year. If each parent has the child for 146 or more nights per year, the standard formula may not apply, and other factors will be considered when determining the amount of child support.
It can be difficult to understand exactly how the new child support guidelines in Illinois will affect your support obligation and orders. To determine the amount of child support you will be required to pay, contact our Wheaton family law attorneys at MKFM. Call us at 630-665-7300 or contact us online. We serve clients in Naperville, Wheaton, Oak Brook, and throughout DuPage County.
My Ex-Spouse's Parent Recently Passed Away. Am I Entitled to Any Inheritance Money?
When going through a divorce, dividing marital assets can be a very difficult and stressful process. Division of assets can become especially complicated if an ex-spouse's parent passes away and leaves behind inheritance money. There are many factors that need to be considered when deciding if and how the inherited money will be divided between both spouses.
If the inherited money is kept in the ex-spouse's name, and the money is not commingled with other marital funds, the inherited money will belong to the ex-spouse because it is considered non-marital property. If the inherited money is put in a joint account, or the money is commingled with other marital funds, the non-heir spouse may be eligible to receive a portion of the inherited money.
Property distribution in an Illinois divorce is often complicated. Determining who receives portions of inheritance money can be an emotional process for both parties. With all of these factors to consider, it is important to consult an experienced DuPage County divorce attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. For over 50 years we have handled numerous family law and divorce cases in DuPage, Kane, and Kendall counties. In order to get the answers you need about your divorce and asset division, please contact our experienced divorce attorneys at 630-665-7300.
What If My Child Refuses to go to Parenting Time (Formerly Known as Visitation)?
After a divorce, courts encourage both parents to be actively involved in their child's life and to help the child achieve his or her life goals. Sometimes, however, children refuse to visit one parent for several reasons. Understanding how to respond to your child's objections to parenting time is essential so you can avoid potentially being held liable for not respecting the other parent's parenting time and the court's order.
Previously known as visitation, parenting time is defined as the time spent by a parent with the child. During a parent's parenting time, he or she is endowed with non-significant decision-making responsibilities. This means that the parent is responsible for the child's health and well-being during this time. As long as the parent has the child during parenting time, he or she needs to ensure that the child is taken care of and that the child is safe.
A child cannot decide to miss school or a doctor's appointment without the parent's approval. Parenting time works the same way. A child cannot determine how parenting time should be exercised. A parent needs to facilitate and encourage parenting time between the child and the other parent according to the parenting plan. If the child objects to parenting time, the parent must try to find the cause of the objection, so he or she can address the situation through counseling or other professional services. If the parent fails to have their child exercise parenting time, the parent may be held in contempt of the court ordered parenting time agreement.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have extensive family law experience assisting clients in DuPage, Kane, and Kendall counties. To receive the representation you deserve, contact one of our highly skilled DuPage County family law attorneys at 630-665-7300 for a personalized consultation today.
How Can I Restrict My Ex-Spouse's New Significant Other from Being around My Children?
Sometimes, parents are not comfortable with their ex-spouses' significant others being around their children. It could be because the parents do not know their ex-spouses' partners very well or because they harbor ill feelings toward them. And on occasion, parents have strong reason to fear that their children will be physically or mentally hurt by their former partners' significant others.
If you believe your ex-spouse's significant other is a threat to your child's safety and well-being, you may be able to take legal action. If certain conditions are met, you may be able to legally prohibit your ex-spouse's partner from being around your child during your ex-spouse's parenting time (formerly known as visitation).
In order to restrict your ex-spouse's significant other from being around your children during his or her parenting time, the court must find that the ex-spouse's new partner's presence poses a serious endangerment to the child's overall well-being, including his or her health and safety.
Certain procedures must be followed to make changes to parenting time orders. The parent requesting the change needs to show proof of a change in the circumstances the child is exposed to. The court will consider modifying a parenting time order if the health and safety of the child is at risk.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the importance of your child's safety. We have over 200 years of combined family law experience assisting clients in DuPage, Kane, and Kendall counties. Contact a skilled and compassionate family law attorney at 630-665-7300 today to receive the help that you need to take action for your child's health and well-being.
What Punishments Can Be Imposed by a Court-Martial?
There are several punishments that a court-martial can impose on a defendant. These punishments could include loss of pay, loss of rank, or restriction to base. If you are going through a court-martial proceeding, contact the criminal defense lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC. We will strive to get your charges reduced and obtain the most lenient sentence possible for you.
If you are going through a summary court-martial proceeding, you can receive up to 60 days of restriction to base and 30 days of confinement. A special court-martial can impose stricter penalties such as 3 months of hard labor, a discharge for bad conduct, and up to a year of confinement.
The maximum punishment a general court-martial can give depends on the offense the court is addressing. Some offenses will lead to less than a year in prison while more serious offenses have harsher consequences. General court-martials that address serious crimes, such as murder, can impose the most severe punishments. These penalties can lead to dishonorable discharge, life in prison, or even the death penalty. In addition, offenders can be sentenced to hard labor, loss of pay, and military discharge.
A court-martial can easily change the rest of your life; therefore, do not hesitate to find an attorney who can tackle these issues as your trial is taking place. Call our office at 630-665-7300, or contact us online to schedule a free consultation. Our main offices can be found in Wheaton and St. Charles, Illinois. We serve clients in Naperville, Oak Brook, Lombard, and Kane County.