Divorce affects families from all walks of life, but the specific issues that each family deals with are different depending on their circumstances. When it comes to families with high incomes, the division of property and assets can be especially challenging. Child support can also easily become a contentious issue between high-earning parents, especially if the parents’ financial situation is not covered under the Illinois child support guidelines.

Understanding the Income Shares Model

In an effort to maintain as much fairness as possible, the state of Illinois currently uses an income shares model to calculate the amount of child support that should be paid each month. It is not the responsibility of just one parent to financially support a child, and as such, instead of just the paying spouse’s income being considered, both parents’ incomes are taken into consideration when the payment calculation is made. The calculation also takes into consideration the number of children that are being supported and how many overnights the children spend with the non-custodial parent each year.

Situations With Income Above and Beyond Guidelines

Calculating child support is standardized in Illinois according to the guidelines set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). In the vast majority of cases, these guidelines will make sense and will work. In some cases, however, the judge may deviate from the guidelines if he or she believes that using the guidelines would create a situation that is unequal or inappropriate. If parents earn income that is above and beyond the income shown in the basic child support schedule, the judge has the discretion to determine the amount of child support to be paid each month, though it cannot be less than the highest amount in the shares schedule.

There are not many divorces that are completely amicable, with both spouses on the same page about all of the issues to be resolved. Sometimes, disagreements between spouses can lead to one or both lashing out in the form of destructive, high-conflict behaviors. Not only can this distress everyone around them, but it can also make the divorce much more difficult. Going through a divorce with a high-conflict spouse can be unpredictable, but temporary orders can help take some of the uncertainty away.

What Type of Temporary Orders Can I Petition For?

In almost all divorce situations, the family unit has been disrupted and the household no longer functions as it used to. Both spouses may not even live in the same home anymore. In high-conflict divorces, this marital breakdown can bring much uncertainty, especially when it comes to things such as spending time with the children and paying household bills. Temporary court orders can be requested when there are concerns of a high-conflict spouse.

A temporary court order during your divorce is legally binding, the same as an order for child support you might get after your divorce. The difference here is that these orders will be focused on your immediate needs and will only last until your divorce is finalized. There are various things that you can request to have included in a temporary order during your divorce. Some of the most common and useful inclusions in a temporary order can be:

So many uncertainties pop up when you know that divorce is in your future, and one of the biggest questions people have is about the price tag. It is no secret that getting a divorce can be expensive, but many people do not realize just how expensive a divorce can be until they are in the middle of the chaos. Some divorces can be completed for as little as a few thousand dollars, while other divorce price tags can jump into the hundreds of thousands. But why is there such a big price difference from divorce to divorce? For the same reason there are such big differences in the divorce agreements: no two situations are the same.

Factors That Influence the Cost of Divorce

There are various elements that factor into a divorce that can affect the cost of the process. These factors can include:

• Whether your divorce is contested or amicable: One of the biggest factors in determining how expensive your divorce ends up being is the ability for you and your spouse to cooperate. If you and your spouse are on the same page and you do not have any major disagreements, your divorce will likely cost much less than if the same issues were contested.

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In today’s world, most divorces are settled in some sort of amicable fashion. As the understanding of family, child, and adolescent psychology has evolved in the past couple of decades, family courts have increasingly advocated for couples to settle their issues in agreement with one another, which can lessen the burden on everyone. Unfortunately, however, not everyone is able to do this. Some couples end up in contentious situations that breed resentment that follows them into their post-divorce life.

Child-related issues such as parenting time and parental responsibilities are very emotionally driven topics that are often the cause of disputes after the divorce is final. Sometimes, a parent can take a dispute to the extreme and begin to interfere with the court-ordered parenting plan, which causes even more stress for the family.

Creating a Parenting Plan With Court Intervention

When you get a divorce as a parent in Illinois, one of the things you are required to do prior to finalizing the split is submit a parenting plan to the court. A typical parenting plan contains detailed information about how you and your spouse will parent your child from this point forward. This information will include things such as how parental responsibilities will be allocated to each of you and how parenting time will be distributed. If you and your spouse cannot agree on the terms of your parenting agreement, the court will intervene and make the final determination, though this can leave some parents unhappy with the court’s decision.

When going through the divorce process in Illinois, couples typically focus on how to divvy up assets they acquired during the marriage. Less attention is paid to the financial obligations the parties incurred since the wedding date, so debt in divorce is often overlooked. In particularly contentious cases, bitter disputes and court battles may erupt as one spouse attempts to hold the other accountable for the amount due. Even if you are on relatively good terms, marital debts can often stand in the way when you are trying to reach an agreement on distributing real estate and personal property.

It is always wise to rely on experienced legal counsel when addressing divorce-related issues, so you should consult with an attorney about your specific circumstances. However, an overview of Illinois law may help you understand the basic concepts.

Illinois Law on Dividing Assets and Debts

Illinois’s statute on the disposition of property in a divorce requires an equitable distribution of all property and assets that belong to the marital estate. The law goes on to include debt and financial obligations in the definition of “marital property.” Therefore, it is important to consider the following regarding any debt belonging to you or your spouse:

Divorce can be a particularly expensive legal endeavor, especially for couples who already have complicated finances. When a couple or one of the spouses is struggling with debt, the costs of divorce can be incredibly difficult to bear. Many people benefit from pursuing debt relief through bankruptcy around the time of their divorce, but if this is something you are considering, you should understand how the timing of your filings can affect your finances and the divorce process.

Timing Your Divorce and Bankruptcy Filings

Some couples choose to file for bankruptcy together before beginning the divorce process. One benefit of doing so is the ability to share bankruptcy fees and costs with your spouse. Filing for bankruptcy before divorce can also help to simplify the division of marital assets and debts, especially in the case of Chapter 7 bankruptcy, through which certain assets are liquidated in exchange for the discharge of debt. Having a more clear understanding of where your finances will stand after bankruptcy can lead to a more equitable distribution.

However, there are situations in which waiting to file for bankruptcy individually after the divorce is a better option. For example, if a spouse has mostly non-marital debt, it is likely in the other spouse’s best interest to stay out of the bankruptcy process. Filing for bankruptcy separately may also be necessary to ensure that each spouse qualifies for Chapter 7 bankruptcy according to the terms of the means test. Alternatively, if you are interested in pursuing Chapter 13 bankruptcy so that you can retain more of your assets, it may be best to wait until after the divorce, as this process can last for between three and five years.

After the divorce process has been initiated, one of the most difficult things for parents to adjust to is the change in their parenting schedules. Instead of seeing and spending time with your child every day, you might only be spending a few days with your child each week. For many parents, this can feel as if they never get to spend enough time with their children. One option that can help a divorced parent spend more time with their children is including a clause known as the right of first refusal in the parenting agreement. An Illinois family law attorney can help you draft a parenting plan that includes this provision.

What is the Right of First Refusal in a Parenting Plan?

The right of first refusal means that when one parent is unable to take care of the child during their scheduled parenting time, they are to first check with the other parent to see if they would like to care for the child before making alternative child care arrangements. The idea behind this is to allow both parents to spend as much time with their children as possible rather than resorting to another option, and in some cases, it may even help parents save on child care costs.

Awarding the Right of First Refusal

As with the parenting time schedule, it is preferred if the parents can agree to a plan for the right of first refusal between themselves. However, if the parents are unable to do so, the judge will determine whether or not awarding the right of first refusal to one or both parents would be in the child’s best interest. To make this determination, the judge would use the same criteria that are used when making decisions on parenting time.

In many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

• More than 25 miles away from the child’s current residence in Lake, Will, DuPage, McHenry, Kane, or Cook Counties.

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For every divorcing couple, there will always be at least one issue that is likely to be contentious and cause issues during negotiations. For some couples, issues involving the children, such as the allocation of parenting time and parental responsibilities, can cause tension and difficulty. For others, the asset division process can be this source of tension. The financial side of divorce is extremely important to pay attention to, as it can greatly affect your individual finances for years into the future. Some people may even go as far as to attempt to hide certain assets from their spouse in the hopes that the asset will not have to be split upon divorce. Purposefully concealing income and other assets from your spouse during a divorce is illegal and can prevent a fair distribution of marital assets.

Hidden Assets and the Asset Division Process

Obviously, one of the issues that would be affected by your spouse hiding assets is simply how the assets are allocated between the two of you. Illinois law states that all marital property is to be divided in an equitable manner among both spouses, but marital property cannot be divided if it is concealed. Here are a few signs to look for that may indicate that your spouse is concealing assets:

• Your spouse insists on maintaining complete control over the finances and access to online bank accounts.

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If someone were to ask you right now how much money you would need each month to live comfortably, do you think you could give them an accurate number? Most people have no idea how much money they actually need to survive each month or how much they actually spend, even if they do have a budget. However, when you go to get a divorce, it is important to have an idea of your spending habits and financial needs, as it will be one of the questions that your attorney will bring up when discussing issues including spousal support and asset division. Most of the time, people will significantly underestimate or overestimate what they actually need to live a comfortable life or to maintain the lifestyle that they had during their marriage. A lifestyle analysis can help to ensure that you are prepared for life after your divorce is final.

Components of a Lifestyle Analysis

The goal of a lifestyle analysis is to produce a report that contains all of you and your spouse’s recent financial information. The analysis will also establish a basis for what your standard of living was during your marriage, and it may help to identify any issues or discrepancies. Information in your lifestyle analysis may include:

• Personal tax returns from at least the past three years for both you and your spouse, along with business tax returns if either of you owns a business

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In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There are a number of reasons why a person may not make their child support payments, which can be extremely frustrating and financially straining for the other parent. If your child’s other parent is behind on child support payments, an Illinois child support enforcement lawyer may be able to help.

Failure to Support in Illinois

In most cases, there are few excuses for a parent missing or not paying child support payments without first notifying the court or petitioning for a modification to their support payments. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that any parent who fails to comply with a child support order will be punished the same as in any other contempt case. Typically, a person will not be found in contempt of the support order unless they have willingly defied the order or there is a history of missed or late support payments.

Taking Action to Recover Child Support

If you are having trouble receiving timely and accurate support payments from your child’s other parent, you may be able to request a contempt proceeding to determine whether or not your ex really is in contempt of the order. This proceeding will allow your ex to come forward with an explanation as to why they have not paid the child support, such as losing their job.

Even in today’s world where a two-income household is becoming more of the norm, it is not uncommon to come across a family in which one parent works while the other stays at home to take care of the children. This may work during the marriage, but if the couple were to ever get a divorce, the stay-at-home parent could be at a significant financial disadvantage. In these types of situations, spousal support, also known as spousal maintenance or alimony, is sometimes awarded to a lesser-earning spouse to help them become self-sufficient and to ensure they are able to enjoy a similar standard of living that they enjoyed during the marriage. 

How Long Does Spousal Support Continue?

The terms of a spousal maintenance award, including the duration of the payments, can differ from case to case depending on a variety of factors. However, there are a few situations in which spousal support will almost always automatically terminate:

• Cohabitation: Illinois is one of the states in which spousal maintenance terminates when the receiving spouse moves in with or begins to cohabitate with a new partner. The spouse paying the support has the burden of proving the other spouse has a cohabiting relationship with another person, which is defined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as two people living with one another “on a resident, continuing conjugal basis.”

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Getting a divorce often makes people feel like they are diving into the great unknown. From the moment you and your spouse make the decision to split up, there are many changes that should be anticipated. Some of the biggest changes that take place during a divorce have to do with your finances and how your assets are distributed. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that each spouse is supposed to get an equitable share of the marital estate, which may not always work out to be an equal share. However, when it comes to certain assets, such as those obtained through an inheritance or family wealth, property division can become tricky because each situation is different from the next.

Determining Your Marital and Non-Marital Property

Prior to actually dividing any of your property, your attorney will want to determine which of your properties are marital assets and which are non-marital assets.  According to the IMDMA, in general, any asset acquired by either spouse prior to the marriage is considered to be non-marital property that is not subject to division during a divorce. Any asset that is acquired by either spouse during the marriage is considered to be marital property, which is subject to division during a divorce. There are a few exceptions to the marital property rule, however. Assets that are obtained during a marriage can be considered non-marital property if the asset:

• Was given as a gift, acquired by legacy or descent, or acquired in exchange for such property

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For many families, the winter months are filled with weeks of celebrations, time spent with loved ones, and meals gathered around the family table. At the same time, the holiday season can be abundantly stressful, especially for children whose parents are going through or who have already gone through a divorce or a separation. During the first holiday season after the separation, parents often face difficulty when it comes to bringing the magic of the season alive in their homes, but there are some things you can do to help. 

Managing the Holidays After Divorce

Here are a few things you can do to make the holidays easier for you and your children after your divorce:

• Expect emotional reactions from your children. The first holiday season after your separation will likely be one of the hardest you will experience. While you may understand that the sadness that you feel during this holiday season will not last, your children may not. They may become frustrated, or they may not understand why things this year are different from years before. When you notice your child’s mood beginning to take a turn, try encouraging your child to talk about what they are feeling.

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Some of the most contentious issues in a divorce are often the issues that revolve around the children, such as parenting time and decision-making responsibilities. Before a couple with children can divorce, they must come to a consensus on all of these issues and put their agreement in writing into what is called a parenting plan. If you and your spouse are able to come up with the agreement on your own, this can be extremely helpful in the long run. Keeping the negotiations between you and your spouse, rather than taking the issue to court, also allows you to personalize your parenting plan and include provisions that are specific to your family’s situation. 

Items to Address in Your Parenting Agreement

Though you should further discuss your parenting plan with an Illinois divorce lawyer, here are a few things you should consider adding to your Illinois parenting plan:

• Dietary standards for your child: Though it may sound strange, in some cases, one parent may want their child to follow a certain diet. For example, a parent may want their child to follow a vegetarian or gluten-free diet. Including a provision in the parenting plan could help ensure both parents stick to the diet.

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Divorce is no doubt one of the most stressful things a person can experience in their lifetime. Even for adults, coping with the stress of a divorce can be difficult, but for a child, it can be nightmarish. Children are not nearly as developed as adults are in any sense, whether that be emotionally, physically, or mentally. As such, children tend to have a much more difficult time coping and dealing with the impact of the divorce than their parents, especially if the divorce is particularly contentious. For many parents, the well-being of their children is the most important thing and at the top of their list of concerns, and if they are struggling to cope with your divorce, it may be beneficial for them to talk to a family therapist.

Signs That Your Children Are Struggling to Cope

Here are a few signs that may indicate that your children need help:

• Frequent Outbursts or Displays of Aggression: Children are still learning important skills, like emotional control and regulation. Some children may express their strong emotions by lashing out in anger, throwing tantrums, being disobedient, or otherwise acting completely out of character.

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Getting a divorce is rarely easy, but for some couples, the divorce process can be especially troublesome. It is normal for a divorcing couple to have disagreements, but when it seems as if the conflict will never cease, you can begin to feel worn down and burnt out. This can end up affecting not only your divorce case, but your physical and mental health, too. In many cases, a high-conflict divorce is the product of a high-conflict spouse. Often, it is possible to predict whether or not your spouse is likely to be combative or difficult to work with during your divorce process, allowing you to prepare yourself emotionally, mentally, and practically. 

Managing the Divorce Process With a Difficult Spouse

If you are going through a high-conflict divorce, here are a few ways to help you survive:

• Limit the contact you have with your spouse. The easiest way to limit the stress of a high-conflict divorce is to limit the amount of communication you have with your spouse. A high-conflict spouse may thrive off of the arguments and the rise they can get out of you, so limiting the amount of time you spend talking with one another limits the amount of time they have to escalate the situation. Try to cease face-to-face communication and keep emails, text messages and phone calls short and simple.

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Over the years, there have been many significant advancements in law and society when it comes to recognizing different family situations. For example, same-sex marriage was not only frowned upon but was illegal in many parts of the country for hundreds of years until a 2015 Supreme Court ruling. Unfortunately, there are also many ways that the laws still reflect traditional family structures. For example, Illinois generally presumes the father of any child born to a married mother to be the mother’s husband, though there are many situations in which this may not actually be the case. If a person wants to contest the paternity of a child, it is possible but it can be difficult, which is why hiring a paternity lawyer is recommended.

How Do I Contest Paternity If I Am Married?

When a child’s mother is married when the child is born or within 300 days before the child was born, the person the mother is or was married to is legally presumed to be the father of the child. Establishing paternity is a crucial step in solidifying a father’s rights to his child, but it also means that a legal father will be held to certain parental responsibilities, like child support, in the event of a divorce. If a man learns or suspects that he is not the biological father of his wife’s child and wishes to contest his paternity, he must take swift legal action, or the judge could choose to deny his petition.

How Can Paternity Be Disproven?

Once the father files the petition to contest paternity, the court will almost certainly order genetic testing to be completed. Genetic testing is an extremely accurate way of being able to tell whether or not a child is biologically related to an adult and usually only requires a simple cheek swab. Once the orders are given for genetic testing to be completed, the presumed father, mother, and child must all give samples so the DNA can be compared. If the results indicate that the man is not the child’s biological father, the legal parent-child relationship may be ruled to be nonexistent.

Getting a divorce brings about many changes to your everyday life, which can be especially true if you are a parent. One of the biggest and most difficult changes to cope with for many Illinois divorcees is how much less time they get to spend with their children. In Illinois, the default is to allow both parents to have unrestricted parenting time with the child, unless there is strong evidence that unrestricted parenting time would be harmful to the child’s physical or emotional and mental well-being. If restrictions are required, a common example is requiring the parenting time to be supervised.

What Does Supervised Parenting Time Look Like?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), supervision during parenting time simply means that there is a third party present during the parenting time of the parent in question. Typically there are two types of “supervisors” or third parties that are often used in supervised parenting time cases:

• A court-approved professional, such as a therapist, psychologist, social worker, counselor or other professional

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Divorcing with children means you must pay attention to and come to an agreement on a slew of additional issues other than your usual divorce topics. Making decisions and coming to a consensus on things such as parenting time agreements and child support payments with your spouse can seem like you are running a marathon, especially if you and your spouse are not on the friendliest of terms. In some cases, the child can even become stuck in the middle of the parental conflict and become a victim of parental alienation. This type of parenting behavior can be harmful to your child’s wellbeing, which is why you should take action at the first sign of alienation.

What is Parental Alienation?

In the simplest words, parental alienation occurs when one parent attempts to damage the relationship between the other parent and their child. The alienating parent will display unjustified negativity toward the alienated parent, with the intent that the child’s emotions will turn against that parent. Not only is parental alienation extremely stressful and emotionally painful for the alienated parent, it causes emotional distress for the child and is actually considered by most mental health professionals to be emotional abuse.

Signs and Symptoms of Parental Alienation

Parental alienation can have a devastating effect on children, especially if the emotional abuse goes on for too long. The best thing to do if you suspect your spouse is trying to turn your child against you is to look for the signs of parental alienation to prevent it from happening or stop it while it is in its early stages. Signs that parental alienation might be taking place include: