Tag Archives: MKFM Law

Wheaton family law attorneys, temporary supportDuring a divorce proceeding, many areas of life cease to be normal. You may have to change your schedule or your children's, you may have to make career changes, or you may simply have no money. If your issues are financial, however, there is a potential avenue by which you can stabilize things until a divorce decree is finalized. Temporary support may be available depending on the facts of your situation.

The Petition

It is sadly not uncommon that in a situation where temporary relief is not available, the spouse with increased financial leverage may be able to bully or push the poorer spouse into a settlement simply because he or she cannot afford to pay an attorney to negotiate a better settlement. The state of Illinois permits petitions to be filed for temporary child support, maintenance and interim attorney's fees to help avoid this situation.

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Wheaton divorce attorneys, date during divorceIt is not uncommon for parties going through a divorce wanting to date prior to the formal conclusion of their divorce. However, many people often wonder if there is a legal prohibition against doing so. The short answer is ‘not technically,' but the long answer is that it can cost you significantly in the divorce process.

Practical Reasons to Wait

Before entering into a new relationship, there are several reasons why one should consider waiting—reasons which have nothing to do with the law. Perhaps the primary reason is to consider one's children, especially if they are very young. Children, while fairly resilient, can react negatively to a new boyfriend or girlfriend, especially very soon after a mother or father moves out of the family home. Children may think of this new person as a ‘replacement.' Additionally, any confusion or upsetting that is caused may be used by your ex-spouse as an argument against you. He or she may even request that less parenting time to be granted to you. Also, it is possible that your ex-spouse may try to allege dissipation of marital assets, especially if you visibly spend money on a new partner.

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Wheaton, Illinois family law attorneys, end spousal support, cohabitationAfter a divorce, some people want to begin a serious relationship faster than others. For those who choose to move on and cohabitate with partners they need to be aware that Illinois law does not allow them to continue receiving spousal support if it is determined that they are truly cohabitating. It is a good idea to familiarize yourself with the law surrounding this issue if your situation is moving in this direction.

Illinois Spousal Support Law

Under Illinois spousal support terminates upon both remarriage and cohabitation. Section 750 ILCS 5/510(c)(3) states maintenance payments will end if the spouse receiving support “cohabits with another person on a resident, continuing conjugal basis.” The common issue is what constitutes a ‘resident, continuing conjugal basis,' and this has been the basis of considerable litigation. The rationale for spousal support terminating upon cohabitation is that a former spouse should not be allowed to ‘double dip,' so to speak—to possibly receive spousal support as well as payments or help with bills from a new partner—while their former spouse is essentially forced to help support two households.

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Illinois family law attorneys, paying for collegeMarried parents are free to decide whether to contribute to their children's college educational expenses or not. However, in Illinois divorced parents who can't agree on whether to contribute to their children's college educational expenses and leave it up to the court may have no choice.

Is it Mandatory?

Illinois law holds that the court may “set aside sums [from marital property] … as equity may require” to help pay educational expenses for any child of the parties'. Educational expenses are defined as anything from tuition to books to room and board. These sums can be withdrawn, usually in the event of academic failure or criminal wrongdoing, but a parent cannot simply cease to pay because he or she feels like it.

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NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

Illinois family law attorneys, wage garnishment, Illinois child supportThe state of Illinois takes the obligation to ensure children are supported very seriously. As such, if you are divorced within the state and default on support payments, attorneys have many tools available to them to help collect unpaid child support arrearages. The most common method of doing so is wage garnishment, via your employer.

Why Garnishment?

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