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New 2017 Child Support Law: How Much Child Support Will I Have to Pay In Illinois?

Changes are coming later in July 2017 regarding child support laws in Illinois. This can potentially modify an existing order or directly affect one you may be working on currently if you are in the middle of a divorce. Allow our team at Mirabella, Kincaid, Frederick & Mirabella, LLC to elaborate on what these new child support changes can mean for you.

Illinois family laws are often changing, and it can be difficult to keep up with everything that is happening. That is where our team can help. We will break down these new guidelines regarding child support payments to assist you with your case. The current laws read that the percentage of support is calculated by how many children you have. Starting in July 2017, this system will no longer be the rule. Illinois will be removing the existing laws in exchange for a percentage guideline with the income share model.

This model has been enforced in a large amount of the states across America. This model takes into consideration the income of both parents. This is not necessarily bad news for certain situations. In some circumstances, this law could, in fact, conclude that your child support obligation payment can be reduced. If you believe you are entitled to a reduction or are curious why your spouse's obligation is changing, contact an attorney right away.

At MKFM Law, we work diligently to form the best possible plan to tackle your legal issues head on. Our firm has been established for decades and is proud to have lawyers focusing in multiple areas such as family law, divorce, criminal law, employment discrimination, and sexual harassment. If you need legal representation for one of these areas, consult with our firm today. We assist clients in DuPage, Kane, and Kendall Counties. Call 630-665-7300 to schedule an initial consultation.

What if My Spouse and I Have an Illinois Prenuptial Agreement and Want a Divorce?

Before your and your spouse's prenuptial agreement can be enforced, it needs to be inspected for validity and enforceability. In some cases, some or all of the terms included in an agreement can be challenged in one form or another. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can assist you whether you are calling your prenuptial agreement into question or want clarification when creating a prenup before getting married.

Prenups can be challenged under what is called the Illinois Uniform Premarital Agreement Act. Prenuptial agreements may not be enforceable or valid in certain circumstances. Even if a prenuptial agreement is found to be valid, issues may arise related to whether certain types of marital assets were addressed by the agreement. A common issue that occurs is the failure to fully address assets that were acquired before or after the date of marriage. This is just one of many possible problems that couples may encounter as they determine how the terms of a prenuptial agreement will apply when dividing marital property during divorce.

A prenuptial agreement may be found to be invalid if both spouses did not voluntarily agree to its terms. A spouse may challenge an agreement on the basis they they were coerced into signing by their spouse, such as through last-minute threats that a person would not go through with the marriage unless the agreement was signed. An agreement may also be invalidated if it is unconscionable, meaning that it is very unfair and awards a disproportionate amount of marital assets to sone spouse. However, the invalidation of a prenup based on unconscionability will only be allowed if one spouse did not fully disclose all of their income, assets, debts, and other financial information to the other spouse before the agreement was signed.

Even if it seems like you and your spouse thought of everything during the legal planning process before your marriage, there are still circumstances where a prenuptial agreement may be challenged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have been assisting clients during divorce and family law cases for decades. We understand the sensitivity and the knowledge required to provide the best representation. If you have questions regarding your prenuptial agreement, please contact us so we can set up an appointment. Whether you live in Kendall, Kane, or DuPage County, please give us a call at 630-665-7300 so we can help you right away.

My Spouse and I are Still Living Together. Does This Mean We Cannot File for Divorce Under Irreconcilable Differences Because We Have Not Lived Separate and Apart?

Under traditional Illinois law, spouses were required to have a basis or grounds for divorce. As of January 1, 2016, the state has moved to eliminate what are called "fault-based grounds." The law has also eliminated any requirement for spouses to live apart or separate for a certain period of time before they can finalize their divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our team is here to help explain the differences in the law and how this may affect your situation.

Before 2016, Illinois was a state that accepted both fault grounds and no-fault grounds for divorce. A fault ground could have included adultery, extreme and repeated mental or physical cruelty, or habitual drunkenness. The law also required that spouses have a period of time where they lived apart or separate. These are dated concepts that couples do not have to worry about any longer.

Under the previous grounds for divorce, one of the spouses may have been found to be “innocent,” and the other spouse may have been at fault for the divorce. Now, either spouse can file for divorce, and no single person is considered at fault for end of the marriage. With the state now following a no-fault divorce policy, all divorces will be filed citing "irreconcilable differences." This term means that when a marriage has reached a point where it can no longer be repaired, it may be ended.

If you need clarification on any of the laws related to divorce, please contact us to set up an appointment with a skilled attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our offices are in Wheaton and St. Charles, where we have been assisting clients in family law, divorce, and various other areas for decades. We have clients come from all over DuPage, Kane, and Kendall Counties for legal assistance. Call us at 630-665-7300 for help with your situation today.

New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?

As of January 1, 2017, Illinois law has changed in regards to expungement. Under this new law, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation.

Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an “all or nothing” way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. With the latest change, it opens up a whole new life for those with a criminal record if you have an expungeable offense.

Another law that was amended in 2017 was the Juvenile Court Act of 1987. In Illinois, the revision expands opportunities for juveniles who have criminal records for nonviolent offenses to be expunged. In the past, only a select set of cases were eligible and any expungements had to wait until the individual turned 21. Now, the processes has been sped up to as soon as proceedings have concluded.

There are a great number of other details that come into effect with these new laws. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment to help explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 so we can see if our office is the best fit for you.

The Courts Divide All Property 50/50 in Illinois, Right?

According to Illinois law, courts in divorce cases will divide property based on what is equitable and not on an equal or 50/50 basis. There are many factors that are considered by the court when addressing these issues, and our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help explain what you need to know in regards to your property being divided following your divorce.

When the law says "equitable," it means what is fair under the circumstances of the divorce. Factors the court may consider include the non-marital property of each party, the age and health of each party involved, as well as the income of you and your ex-spouse. Depending on these factors, property division may involve 60/40 or 70/30 splits or possibly even all property being allocated to one of the spouses. Although it is not always the case, there have been instances where courts have come to the conclusion that 50/50 or equal division of property turns out to be what is fair and equitable to both parties.

According to Illinois law, it does not matter what happened to cause the divorce, such as "marital misconduct." The courts do not divide property or debts based on whether either spouse was responsible for the end of the relationship. Instead, they will look at each spouse's circumstances, their financial resources, their ongoing needs, and any other relevant issues to determine an outcome that will be as fair as possible for both parties. In addition, when making decisions about how much property will go to each spouse, the court may consider whether one of the spouses has financial commitments to a previous spouse or children from a different relationship.

There are a number of factors that can play into the division of property during your divorce. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC to set up an appointment with our attorneys. We can guide you in making decisions on property division, parental responsibility, spousal maintenance, or any other divorce-related legal questions you may have. Our office is located in Wheaton, Illinois, and we have assisted families for decades in the DuPage, Kane, and Kendall County areas. Call us at 630-665-7300 so that we can get started on your case today.

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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.

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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