Legal Care for Your Family’s Unique Journey

Child Custody, now referred to as “allocation of parental responsibilities", is the process in which the Court determines how education, healthcare, religious, and extracurricular activities decision-making is divided between the parents. Parenting time is also determined based on the best interest of the children.

Child support is the amount of money each parent contributes to the expenses of the child(ren). In Illinois, the Court uses an “income shares” model that takes into account both parent’s income, the respective parenting time each parent has, and the needs of the child(ren). While most cases will follow the Illinois Staturory Guidelines, the unique facts of your case may merit a deviation from the guidelines.

Formerly called “custody,” allocation of parental responsibilities, is the process in which the Court determines how education, healthcare, religious, and extracurricular activities decision-making is divided between the parents. Parenting time is also determined based on the best interest of the children. 

Using the Illinois Domestic Violence Act, an Order of Protection (OP) is designed to safeguard individuals (and children) from abuse, harassment, stalking, or threats from an intimate partner. An Order of Protection may be part of a divorce or parentage action or a stand alone process. OP remedies can grant a variety of protections, including preventing an abusive spouse or partner from contacting you or coming near your home or workplace. They may also protect children by granting temporary custody of children or exclusive possession of a home. If you are a victim of domestic violence or feel unsafe, please call the police if you are in immediate danger.  

Divorce is the process that ends your marriage allowing both parties to move forward with their separate lives. We use the Illinois Marriage and Dissolution of Marriage Act, which includes, but not is not limited to, division of property, child support, parenting time, allocation of decision-making authority for the children, and maintenance. 

All property must be classified before a court dividing the property and granting a divorce. In Illinois, property may include assets and debts acquired by either spouse during the marriage or transferred to the marriage. Non-marital property generally includes assets and debt owned prior to the parties’ marriage, as well as certain gifts, property acquired from non-marital property, and inheritances. Proper classification of property will determine what is subject to equitable division in the divorce. 

Prenuptial agreements is a legal contract made before the marriage that outlines the rights and responsibilities of each spouse regarding property, maintenance, and other financial matters in the event of a divorce. Prenuptial agreements are important for those entering a marriage with children from another relationship, those who are protecting family wealth, or those who want to alter the rules outlined in the Illinois Marriage and Dissolution of Marriage Act. The same type of agreement can be negotiated after the marriage. It is called a postnuptial agreement.

Divorced parents may be required to contribute to their child’s college expenses. The Court may consider the financial resources of each parent and the child, as well as the child’s preferences, aptitude, and academic performance in determining who pays what portion of college expenses. We are experienced in addressing future college expenses in a divorce agreement and litigating the issue children become college aged. 

Relocation occurs when the parent with the majority of the parenting time wants to move to a new residence with the child, which is over the statutory distance or previous agreement in a divorce agreement. Following the statutory requirements for relocation are essential. If there is no agreement the Court may assess factors in determining whether or not to grant permission to relocate based on the reason for the move, the impact on the child’s relationship with the non-relocating parent, and whether the move is in the child’s best interest.

Establishing parentage is the legal process to determine a child’s biological parents, which is necessary for securing parental rights, parenting time, and establishing child support. 

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to protect children from wrongful removal or retention across international borders. If a child has been taken to or retained in another country without the consent of both parents, the Hague Convention provides a legal framework for seeking the child's prompt return.

After entry of Judgment, if one party fails to comply with the terms of the agreement, a Motion for Enforcement or Petition for Rule for Indirect Civil Contempt may be required to ensure compliance. 

Your circumstances, expenses, and children continue to change after the entry of a child support order. Child support remains modifiable on the showing of substantial change in circumstances, including changes of income, employment status, or the children's needs. Depending on your agreement, maintenance may be modifiable. If available, the party seeking a modification must show that the circumstances warrant a change from the original maintenance order.

If one or both spouses own a business, determining the value of the business is essential for an equitable division of marital assets. We are experienced in working with financial experts to assess the requisite issues including a business’ income, assets, debts, and future earning potential. A business is often an integral factor in determining maintenance, child support, and division of assets.