Prenuptial agreements have become more common than ever, yet many couples continue to tie the knot without this form of additional security. There is a preconceived notion that prenuptial agreements are only beneficial for the wealthy; however, every couple can benefit from a prenup. A prenuptial agreement is a legal document that outlines how certain issues will be handled if the couple ever files for divorce. The agreement must be signed by both parties, of their own free will, before the wedding takes place. There are many things that you can include in a prenuptial agreement, and it is important that you consider all of your options before you sign it.

The Engagement Ring

One of the basic purposes of a prenup is to protect your personal property from being considered marital property in the event of a divorce. Since the engagement ring is given prior to the marriage, it is technically the property of the receiving spouse. In order to protect this asset, you should have your ring appraised to know its financial value, then include it as one of your personal assets.

Your Pets

Another thing that many couples do not plan for beforehand is the placement and ownership of their pets post-divorce. Many people consider their pets to be part of the family, so they can easily become a point of contention in a divorce. You should list any pets in your prenuptial agreement and clearly state who will care for that pet, both physically and financially.

Establishing paternity is not something that many mothers think about, since most fathers are presumed. In a legal sense, paternity is the established legal relationship between a child and their father. Establishing paternity gives both the child and the father rights that they would not have without the legal classification. Many (including Illinois courts) agree that most children thrive when they have both parents playing an active role in their lives. Not only does establishing paternity authorize legal rights, but it also helps facilitate the parent-child relationship. Many other benefits come with establishing the paternity of a child, which is why you should consider completing the legal process if your child’s paternity has not been legally recognized.

Presumed Paternity

In the state of Illinois, paternity is presumed if the mother and father were married at the time the child was born or if they were married within a 300-day time period before the child was born. If neither of those situations applies, either the mother or father must take action to legally establish the paternity of the child. This can be done by filling out a Voluntary Acknowledgement of Paternity form while at the hospital or by filing it with the Department of Healthcare and Family Services. Paternity can also be established through the use of genetic testing and an administrative or court order.

Benefits of Establishing Paternity

There are many reasons why a mother or father would want the court to recognize their child’s biological father. In most cases, the parent seeking to establish paternity of their child does so because they want to initiate the legal relationship and the benefits that go along with it. Benefits of establishing paternity include:

One thing that is addressed in all divorce cases involving children is child support. Illinois believes that both parents have a responsibility to financially contribute to the cost of raising a child. Because of this, child support is not just the responsibility of one parent, but rather, an obligation for both. In the state of Illinois, child support is provided to the main caregiver by the child’s other parent until the child is 18 years old or graduates from high school, whichever comes later. Both parents are responsible for what is called the “basic child support obligation.” Each parent’s share of that obligation is determined using a formula that takes into account the incomes of each parent in addition to their parenting time.

Life is not always predictable and can throw curve balls when we least expect it. It is not uncommon for a parent to become unable to handle their current support payments; however, they are legally required to pay them unless their arrangement gets legally modified. In the instance where you believe that your support payments should be modified, you can petition the court to make this change. Before you do that, you must be able to prove that there has been a “significant change in circumstances.” 

Examples of Significant Changes in Circumstances

According to the Illinois Marriage and Dissolution of Marriage Act, there are three reasons why a child support order can be modified: there has been a significant change in circumstances, the child support order deviates from the child support guidelines, or the order needs to be changed to address the child’s healthcare needs. A significant change in circumstances is the most common reason why child support orders are modified. These changes in circumstances can include:

When you get a divorce, everyone is impacted. In many cases, children are the ones who are most affected, because they may not always understand what divorce means. Illinois courts believe that a child flourishes when both parents are in their child’s life and play an active role. Even if a person does not have a personal relationship with their child, parents have a responsibility to provide for their child financially. This is where child support comes in. Both parents are expected to contribute to the financial needs of the child, and they must provide a basic amount of child support, which is determined using a formula defined in the Illinois Marriage and Dissolution of Marriage Act. However, this basic child support obligation does not always account for all of the expenses that are involved in raising a child. Parents may also be required to divide other costs.

Extra Expenses

• Medical Expenses: Medical care is expensive, which is why it makes sense to require both parents to contribute to these costs. The court can require either parent to add the child to his or her insurance plan. The court can also require both parents to split the out-of-pocket costs associated with medical care.
• Childcare: The courts will divide the reasonable costs of employment-related childcare between the parents based on the percentage of the basic child support amount that each parent is responsible for. The costs will be added to the basic child support obligation, and payments may be paid to the other parent or to the childcare provider directly.
• School and Extracurricular Costs: A child’s upbringing can be greatly supplemented by extracurricular activities. Because of this, Illinois courts can order either or both parents to pay for reasonable costs of extracurricular or school activities that are meant to enhance the child’s educational, athletic, social, or cultural development.
• College Expenses: Attending college or receiving post-secondary education is often a key part of ensuring that a child will have success in life. Because of this, Illinois courts can also order one or both parents to contribute to the costs associated with college. These costs can include tuition, room and board, books, supplies, or other materials.

A Naperville, IL Child Support Attorney Can Help You Get Your Child the Financial Support They Deserve

Not only are both parents expected to contribute to the financial responsibility of raising a child, but they are required by law to do so. Illinois courts will order both parents to pay for costs related to their children, and if they do not, they can face penalties. If you are going through a divorce or are looking to collect child support from your child’s other parent, you should contact a knowledgeable DuPage County child support lawyer. At Goostree Law Group, we can help you figure out an appropriate figure for basic child support and also calculate the appropriate costs to add to that figure for extra expenses. Call our office today at 630-364-4046 to schedule a free consultation.

For many divorcing families, the topic that is always at the forefront of every decision is the children. For divorcing parents, a topic that often comes up is child support. In years prior, the calculations for child support were much more basic, but they did not always take into account the factors that more and more parents were dealing with, such as two incomes and shared parenting time. In today’s child support calculation process, more details are taken into consideration than ever before. This includes the amount of parenting time each parent has, the income of each parent, the cost of health insurance for the child, the cost of the child’s extracurricular activities and the cost of childcare. The calculation process can be difficult, but it is important to understand.

Determining the Basic Child Support Obligation

Before the amount that each parent should provide for support is determined, the basic child support obligation is calculated. This is the total finances that both parents should be providing their children each month. To find this, the gross monthly income is determined for each parent. Then, the corresponding value from the 2019 Gross to Net Income Conversion Table is taken, which is the parent’s net monthly income. These two incomes are then added together. The total of both parents’ incomes is used to find the amount that both parents should be using each month to provide for the child’s basic needs.

Determining Who is Responsible for Paying What

Once you know how much should be spent on the child’s basic needs each month, you have to figure out who will be paying what. First, you will determine how much each parent’s income is in relation to the household’s total monthly income. You can do this by taking each parent’s income and dividing that number by the sum of both parent’s income. The percentage of the household income that each parent is responsible for also depends on the number of children. Using the Income Shares Schedule, a single parent of three kids who makes $2,075 per month will be responsible for paying $839 per month.