FAQ Videos



Do Mothers Always Get Residential or Primary Allocation of Parental Responsibility?

Mothers receiving more parenting time with their children certainly does not always happen. However, it does occur in many cases but is not a guarantee by any means. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help find what allocation of parental responsibilities (formerly known as child custody) arrangement best suits your family.

Oftentimes, in these types of cases, we see that both members of the dissolving marriage come to an agreement. Usually, one of the parties has more parenting time with the children than the other. In some cases decided by the court, a majority or significant amount of parenting time can be awarded to the parent who was the primary caregiver of the children during the course of the marriage. Over the years, that has more so been the mother, but that is entirely on a case-by-case basis.

We have also seen plenty of cases where it was deemed more appropriate for the father to have more parenting time. Another option is that both parents are awarded nearly equal time for parenting with their children. All options have been handled by the team at MKFM Law, and we want to make sure we fight for whatever scenario is not only best for you, but for your child to be given the adequate care they deserve.

At MKFM Law, we believe that an informed client is better able to make effective decisions. That means we take the time to educate you about the legal process. We can answer any questions you may have regarding any family law or divorce matter. For decades we have assisted parents going through divorce in DuPage, Kane, and Kendall Counties. Contact us to set up a consultation by calling 630-665-7300. You can find our office located at 1737 South Naperville Road, Suite 100 in Wheaton, Illinois.

What If My Former Spouse Does Not Use the Child Support For Our Children? Can I Demand an Accounting?

If you suspect that your ex-spouse may not be using your child support payments for your children's expenses, there cannot be any request of accounting of your ex-spouse's finances. Unfortunately, you cannot try reveal how the money or where it was spent. For decades, the attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC have helped clients with cases such as these and can explain why laws like this are in place.

According to the Illinois law, when the court determines how much child support you will be paying, the guidelines state that the amount will be the minimum. This means the minimum is calculated based on what is considered adequate care for your children. Included in this care is food, clothing, housing, and any other necessities that may arise.

Since you are only paying the minimum, there is no accounting required by your ex-souse on how every dollar is spent. This is due to the fact that the number one priority of the court is that your children are given adequate care from you and/or your ex-spouse. If you believe you should have your child support payment amount changed for any reason, that is something our attorneys can address with a post-decree modification.

It may be tough to see your ex-spouse seemingly spend money on something not intended for your children. At MKFM Law, our lawyers are here to ensure that your child's rights are protected. If you would like us to explain more about the laws involving your Illinois child support payments, or anything else regarding your divorce, please contact us. Call today at 630-665-7300. With offices located in Wheaton, Illinois, we have helped clients with divorces throughout DuPage, Kane, and Kendall Counties. Set up a consultation with our skilled team as soon as possible.

Will My Spouse Be Required to Get a Job After Our Illinois Divorce?

When addressing issues related to spousal support in an Illinois divorce, the court may impute some income to your spouse based on however much they should be able to earn if they were to seek employment. Cases can vary depending on their unique circumstances, but the team at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand the process, and we can ensure that matters related to financial support will be addressed correctly.

While a person who earns a lower income than their spouse may be eligible to receive spousal support, decisions about spousal maintenance may be based on the amount a spouse should be able to earn based on their education, employment history, and job skills, even if they are not currently working. If the court determines that a person is voluntarily unemployed or underemployed, it may impute income for that spouse when determining whether spousal support should be paid or the amount that they will be entitled to receive.

In many cases, the spouse receiving spousal support will have the obligation to find employment in order to become financially self-supporting. If your spouse is unemployed by choice, their imputed income may be used to determine the amount and duration of spousal maintenance he or she may receive. If your spouse does not demonstrate a good-faith effort to secure acceptable employment within the time period specified by the court, this may be a basis to have their maintenance payments terminated.

There are exceptions that may apply in certain situations. For example, it may not always be possible for one of the spouses to become self-supporting or live at the same standard they had experienced during the marriage. In these cases, Illinois courts may award long-term or permanent maintenance. For example, if a spouse is disabled to the point that they cannot live on only the income they are earning, the other spouse may be required to pay support for an indefinite period to ensure that the disabled spouse can meet their ongoing needs.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are here to make sure you are covered for any issues that may arise if your spouse is not doing their part to find employment. Please contact us if you have questions about spousal maintenance awards or other divorce-related issues. Schedule a consultation with any our attorneys by calling 630-665-7300. Our office is located in Wheaton, Illinois. We have served families for decades throughout many different counties including DuPage County, Kendall County, and Kane County.

What Does Irreconcilable Differences (I/D) Mean in Illinois?

The definition of irreconcilable differences, or I/D, is when a marriage has broken down to the point where it simply cannot be saved anymore. Why is this important? Under Illinois law, irreconcilable differences is now the only basis for divorce that is acknowledged by the courts. Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can assist you in showing the courts that irreconcilable differences have occurred in your marriage so that you may petition for divorce.

In order to show that your marriage should end due to irreconcilable differences, you must state that any previous attempts at reconciling have not only failed, but also that any further attempts to do so would not be practical. You may also point out how continuing to attempt reconciliation may not be best for the rest of your family. There are some cases where one of the spouses may try to challenge whether there are irreconcilable differences. However, in most cases, if one person wants the divorce, it will be granted by the court.

There are certain presumptions that may apply in cases where questions arise about irreconcilable differences, including when determining whether couples who have been separated for a certain period of time can proceed with a divorce. If a separation has lasted for at least six months, this is considered irrefutable proof that irreconcilable differences have arisen. To be clear, however, there is no current Illinois law stating that the parties have to live separately for any length of time before a divorce can be granted.

If you have any questions or concerns in regards to petitioning for divorce, please feel free to contact our office at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our decades of divorce and family law experience can help fill in any blanks you may have during this process. If you live in DuPage, Kendall, or Kane Counties, please call us at 630-665-7300. Set up an initial consultation with one of our attorneys today.

Will My Child Have to Help Pay for College Expenses in Illinois?

Preparing to pay for a child's college education can be a daunting task to prepare for, especially following a divorce. Depending on the costs of the school they attend, your child may also be required to help you and your spouse with college expenses. We here at Mirabella, Kincaid, Frederick & Mirabella, LLC, will help navigate the process for you and your child and assist you in determining how you will both be impacted financially.

When the court is deciding how much you and your spouse will pay, it factors in your child's financial situation too. However, what does the court mean by your child's "financial situation"? It does not refer to whether or not your child is currently employed. Also, it is important to remember that Illinois law does not give your child a free ride through college. The court expects children to apply for financial aid and take as many opportunities as possible to help keep costs down for parents in order to reduce the family's financial strain.

The court will also look at the following possible financial resources:

  • Your child's savings accounts;
  • Any trust accounts they may have;
  • Scholarships they earn;
  • Grants; and
  • Financial aid.

If your child has been accepted to a school that they can commute from the home, it can make a major difference in paying college expenses. When factoring in the finances for both parents, the court will also consider the child's living expenses. This will help distribute a realistic cost amount for your child's utilities, transportation, and food.

If you would like to discuss with one of our attorneys at MKFM Law, we can answer any other questions in an initial consultation. If you live in DuPage County, Kane County, or Kendall County, you may contact us at 630-665-7300 to set up an appointment. We look forward to hearing from you and assisting in this process.

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