Blog

Tag Archives: Dupage County family law attorneys

Wheaton family law attorneysIn the state of Illinois, child support is an element present in the vast majority of divorce cases involving children. Child support is meant to provide for the basic needs of minor children and is generally no longer enforceable when the child turns 18 or graduates from high school, whichever comes last. These days, children are often dependent on their parents for a few years after they graduate from high school, especially if they attend college. The Illinois Marriage and Dissolution of Marriage Act addresses this issue and provides guidelines for parents who will help pay for their child’s college education.

Covered College Expenses

The court can require one or both parents to be responsible for paying a share of their child’s educational expenses until the child turns 23, or 25 in some circumstances. The potential expenses include:

  • Up to five college application
  • Two college entrance exams
  • One college entrance exam prep course
  • Tuition and fees
  • Housing expenses, whether on-campus or off-campus
  • Medical expenses, including health insurance and dental expenses
  • Reasonable living expenses, including food, utilities, and transportation for a non-resident student
  • The cost of textbooks or other supplies necessary for the child to attend school.

The court can order that the funds to cover these expenses be paid directly to the child, to the educational institution, to either of the parents, or through the use of a special account or trust created and designated solely for the use of educational expenses.

...
Continue reading

DuPage County family law attorneysThe debate over whether or not parents should stay together for the sake of the kids has been a controversial one for decades now, continually raising the big question: Is divorce really the answer? While most couples contemplate divorce as a means to end a relationship that is no longer working for either party, the concept of a parenting marriage stems from an entirely different motivator all together—one aimed at serving a very unique purpose. 

The Idea Behind the Parenting Marriage Model

Just as couples who decide to divorce based on the realization that their marriage is no longer a healthy option, couples who choose a parenting marriage also recognize that their relationship has changed and is no longer the romantic partnership it once was. Under this marriage model, they choose to remain in the marriage for the sole purpose of continuing to raise the children together. 

The specifics of a parenting marriage can differ greatly from one couple to the next. Many spouses remain living under the same roof, in their own personal bedrooms, and some choose to date and have separate romantic relationships outside of the home. Negotiations are made both formally and informally, and mutually agreed upon boundaries and guidelines are established from the beginning. 

...
Continue reading

Wheaton family law attorneysSharing parental responsibilities and parenting time of a child with another parent can be full of challenges and disagreements. One issue that many parents struggle with is parental relocation. When one parent wants to move a significant distance away, the other parent may be concerned about how this will affect the allocation of parental responsibilities and parenting time. If you or your child’s other parent are planning to move, make sure to familiarize yourself with the laws regulating parental relocations in shared parenting situations. Depending on the distance between the parent’s current residence and the new residence, the relocating parent will likely be required to petition the court for a modification to their divorce decree.

What Counts as a Parental Relocation?

If a parent is moving only a short distance away, the move may not need to be approved by the court. According to Illinois law, a parental relocation is one in which a parent with a greater or equal share of parenting time moves to a new residence and one of the following is true:

  • The child’s current residence is in Cook County, DuPage County, Lake County, Will County, Kane County, or McHenry County and the new residence is further than 25 miles away.
  • The child’s current residence is in any other Illinois County and the new residence is further than 50 miles away.
  • The child’s current residence is in any Illinois County and the new residence is further than 25 miles away and is outside of the State of Illinois.

Requirements When a Parent Moves a Significant Distance Away

If the move meets the criteria for a parental relocation, the parent who is intending to move must give the other parent written notice of the move at least 60 days in advance. He or she must inform the other parent of the address of the new residence, the intended moving date, and how long the he or she plans to live at the new residence. If the other parent agrees to the move and the court finds that the move is in the child’s best interests, the court will allow the parents to make the necessary modifications to the divorce decree.

...
Continue reading

Wheaton family law attorneysAccording to the U.S. Census Bureau, over 50 percent of all American families are remarried or re-coupled, and over 1,000 new stepfamilies are formed every day. Being a stepparent can be a challenging role to fill. The stepparent is an adult authority figure in a child’s life but he or she may not have all of the same responsibilities as a biological parent. The path of a stepparent will undoubtedly be filled with obstacles; however, a happy, healthy stepparent-stepchild relationship is possible. If you are a stepparent hoping to have a strong relationship with your new stepchild, read on to learn tips experts say can help.

Develop Healthy Boundaries

It is important to realize that stepparents typically do not fulfill the same role in a child’s life as the biological parent does. The younger stepchildren were when their biological parent married the stepparent, the more likely the children are to view the stepparent the same as their biological parent. When stepparents enter an older child or teenager’s life, it can be harder for the stepparent to figure out where he or she fits in. Experts say that one of the best ways to avoid conflict and develop a close relationship with your stepchild is to develop healthy boundaries. Do not attempt to take the place of the child’s biological parent or immediately become the main disciplinarian in the child’s life. With time, you may choose to take on more of an authoritative role in the family, but doing so too soon can backfire.

Participate in Your Stepchild’s Interests and Avoid Rushing a Close Relationship

One of the best ways you can develop a close relationship with your stepchild is to take an interest in what he or she is interested in. Spending hours building a complicated Lego set may not be your idea of a fun afternoon, but if your child enjoys it, give it a try. The more experiences you spend with your stepchild, the greater your chances are of developing a loving relationship with him or her. However, it is also important not to set your expectations too high. Your stepchild may not be ready to spend a great deal of one-on-one time with you for months or even years after your marriage to his or her parent. Avoid rushing a relationship and give your new family dynamic time to develop naturally.

...
Continue reading

Wheaton divorce attorneysWe all know at least a few people who spend a great deal of time posting pictures and details of their lives to Facebook or Instagram. Sometimes, the appeal of posting on social media is so strong that it can cause a person to lose focus on the events happening in real life around him or her. Most people, of course, are able to use social networking sites reasonably to share photos and updates with distant friends and family, allowing them to stay in touch more quickly and directly than ever before. There are, however, some dangers associated with the use of social media, particularly for those who are in the midst of a divorce or other legal action. It is important to remember that anything you post could end up presented as evidence in court.

Conflicting Messages

While the use of social networking sites does not require ink and paper, posts and shared information are often treated as written documents. Emails and text messages, as you may be aware, can be subpoenaed to refute claims that you have made in your divorce filings. Similarly, screenshots of information that you have posted could also be used in an effort to discredit your testimony. For example, if you have told the court that you are not currently employed, but your LinkedIn profile says that you have been working for a friend’s company—possibly off the books—there are going to be questions raised.

Such questions could also be the result of photos and experiences that you share on Facebook. You may think that the pictures of your trip to the Bahamas were hidden from your soon-to-be ex because of your privacy settings, but a mutual friend could have shown them to your spouse. If you have been claiming that you have no money for basic expenses, alleged evidence of an expensive vacation could be difficult for you to explain, even if someone else paid for it.

...
Continue reading

Recent Blog Posts

Archives

250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

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.

Make a Payment
© 2020 Mirabella, Kincaid, Frederick & Mirabella, LLC | 1737 South Naperville Road, Suite 100, Wheaton, IL 60189 | 630-665-7300
Kane County | Disclaimer Privacy Policy | Resources Sitemap
Take me to top
OVC, INC
Giving Back
Contact Us
Giving Back
Contact Us

In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree