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When a court order is established regarding child support payments or child custody, it is meant to last, but that does not mean it is not subject to alterations. In the state of Illinois, post-decree modifications are common in court order surrounding divorce. Whether you are looking to adjust your child support or child custody order, it is important to understand the steps you need to take to ensure those changes can be made. The most critical step you can take in this process is hiring a skilled attorney with experience in cases of post-decree modifications.
At the conclusion of a divorce case, a judge will sign an order or decree that will resolve various issues surrounding the divorce. In order to seek a modification to the order, you will need to file a motion. If you believe changes are necessary to the order, it is important to file the motion in a timely fashion. It should be noted that in order to seek post-decree modifications you and your attorney must be able to note significant changes that have occurred since the time of the initial order. In issues of child support, these changes most commonly revolve around changes in either parent’s income. If you are paying child support to your former spouse and you lose your job, you should file a motion to adjust the amount of child support owed, rather than being delinquent on your child support payments.
With the divorce rate rising on an annual basis, there is no doubting the fact that there are thousands of unhappy marriages throughout the United States. While most people would simply assume that all unhappy spouses would pursue a divorce, the truth is that things can get complicated. Things can become especially challenging to sort out when children are involved. Many Americans falsely believe that staying in an unhealthy marriage is the best thing they can do for the well-being of their child. In truth, pursuing a divorce and seeking happiness for yourself is oftentimes incredibly beneficial to the mental and emotional health of your children. If you are contemplating pursuing a divorce, it may be time to speak with a legal professional.
If you and your spouse are unable to avoid verbal spats and other forms of fighting, it is likely that these conflicts are having an emotional impact on your child. Even if you believe that you and your spouse are able to keep your fighting away from your children, children are capable of sensing unhappiness. The tension in an unhappy marriage can lead to health problems such as social anxiety, depression, and lack of sleep. If the fights escalate into physical abuse, it is critically important to speak with law enforcement officials and remove yourself and your children away from your spouse in a prudent fashion.
Despite the fact that law enforcement officials are constantly on the lookout for drunk or impaired drivers, many Illinoisans make the decision to drive while intoxicated. Perhaps it should come as no surprise, that over 20,000 DUI arrests were made throughout the state, in 2018 alone. If you have been charged with drinking and driving, it is important to understand the true severity of a DUI conviction. Below we will discuss how a DUI conviction can impact you, and how a skilled criminal defense attorney can help.
In the state of Illinois, a DUI conviction constitutes a Class A Misdemeanor charge. Along with the mark on your permanent record, comes fines up to $2,500 and potential jail-time. The driver will also face a one-year license revocation period. While some people view a DUI as a common crime that will not impact their life long-term, this assertion could not be further from the truth. In all reality, a conviction of this magnitude can lead to loss of employment, future difficulty securing jobs, and problems securing bank loans or housing. It should also be noted that a DUI conviction can come with significant financial challenges.
The divorce process can be challenging for a number of reasons. Not only are two spouses making the difficult decision to end their marriage, but they will also have to navigate the legalities of a divorce. In the state of Illinois, marital assets are to be equitably divided between spouses during a divorce. It should be noted that this does not mean that both spouses will receive half of all assets. In order to ensure a healthy financial future for you and your family after your divorce, it is important to work with an experienced legal professional throughout the divorce process.
As mentioned above, Illinois is an equitable division state, as it pertains to marital assets. This means that through careful consideration of a number of factors, the court will divide the assets in a fair manner. These factors include each spouse’s contribution to marital assets, the non-marital assets of each party, the duration of the marriage, the economic standing of both spouses, the presence of child support from a previous marriage, future income potential, and how child custody is awarded. In some cases, the court may order one party to pay spousal maintenance to the other party, even after equitably allocating marital assets.
In the state of Illinois, thousands of couples make the difficult decision to pursue a divorce, each year. While the divorce process can come with unforeseen challenges regardless of the circumstances, the divorce process can be increasingly complex when children are involved. If one parent is awarded primary parental responsibility of a child, the other parent will usually be required to pay some sort of child support. In the state of Illinois, child support payments are calculated through consideration of the income of both parents as well as parenting time and parental responsibilities of both parents. If you believe you are entitled to child support, it is time to speak with a qualified legal professional.
As you navigate the legal process of your divorce, you and your attorney need to work closely. If you are awarded the majority of legal and physical parental responsibilities, you are likely entitled to significant child support payments. As the court calculates a fair child support agreement, speak to your attorney if you believe that the court has miscalculated you or your spouse’s income. The state of Illinois wants to calculate payments in the fairest way possible if financial statements have been falsified by one party, the integrity of the agreement could be compromised. It is also important to notify your attorney if your child has special medical or general care needs that could impact the expenses of raising the child independently. Your attorney will work diligently to advocate on your behalf in court.
Every single year thousands of Illinoisans make the difficult decision to pursue a divorce. While many divorces can be amicably resolved, others can lead to erratic and aggressive behavior from a spouse. Tragically, domestic violence is alarmingly common when spouses are considering a divorce or experiencing marital issues. If your spouse begins to behave in a manner that makes you fear for the safety of yourself or your children, it may be time to obtain an order of protection.
An order of protection is a court order that will restrict an abusive family member from making contact with a spouse, children, or other family members. It is important to note that your spouse does not have to be physically abusive in order for the court to justify a protective order. If your spouse is harassing or intimidating you or your children, it is time to speak with your attorney regarding the establishment of a protective order.
When a person is charged with a serious criminal offense, the charges can change their life forever. Outside of the potential fines and possible jail time, a significant charge on a person’s criminal record can impact their ability to secure housing and employment opportunities. Fortunately, a person may be able to remove the charges from their record through expungement. Expungement is the process of removing all records of an arrest or charge from the public record. While the expungement process can be complicated, a knowledgeable attorney can guide you through the process.
As you and your attorney begin the expungement process, your attorney will present you with the necessary paperwork and the steps you must take to seek expungement. Before moving forward in the process your attorney will ask you general questions regarding the case and the crime, and how much time has passed since the arrest.
After being charged with driving under the influence of drugs or alcohol, many people feel as though they have little to no chance of avoiding a conviction. Some people wrongly assume that a DUI conviction will come with limited ramifications, and are simply okay with taking the punishment for the crime they committed. In all reality, both assertions are far from the truth, a DUI conviction can drastically change a person’s life, but in some cases, a conviction can be avoided. If you have been charged with driving under the influence, it is time to seek out the help of a knowledgeable attorney.
In the state of Illinois, over 20,000 drivers are arrested for driving under the influence of drugs or alcohol, each and every year. According to the Secretary of State’s Office, approximately 90% of all eligible drivers convicted of a DUI, lost their driving privileges. In truth though, a DUI can impact much more than your ability to drive. A first-time DUI offender will face Class A Misdemeanor charges, fines as high $2,500, and even potential jail time. It should also be noted that there are a number of factors that can elevate your DUI to an aggravated DUI and result in felony rather than misdemeanor charges. If convicted, a conviction of this magnitude can impact your ability to secure housing, employment, and loan opportunities.
In the state of Illinois, law enforcement officers work diligently to keep travelers safe. With safety at the forefront of all traffic regulations, violations can come with serious consequences including license suspension and revocation. Choosing to drive while your license is suspended or revoked, can come with serious legal ramifications. Below we will examine some of the violations that can compromise your driving privileges and the steps you can take to reinstate your license.
While DUI convictions are the most notable cause of a license suspension, with over 90% of all eligible drivers losing their driving privileges after a conviction, there are a number of reasons why a person can temporarily lose their license in Illinois. If a person has accumulated a number of traffic violations within a year, they could lose their driving privileges based on the notion that they are a danger to other travelers. Drivers can also lose their driving privileges due to failure to pay tickets for traffic or parking violations, failure to appear in court, and failure to pay child support payments.
When a judgment is made in a couple’s divorce, many people feel a level of relief as they move toward a life of independence. Unfortunately, a number of issues can arise post-divorce that can lead to complications with your former-spouse. Whether your former spouse is failing to pay child support payments in full or on time or one party is seeking a post-judgment modification to the child custody or support agreement, you need to take the situation seriously. If you are facing post-divorce complications, speak with a compassionate and experienced divorce attorney regarding your options.
When it comes to parenting time and responsibilities, it is not uncommon for a parent to violate the court-ordered agreement. The most common violations include consistently running late to drop off or pick up children, preventing a non-custodial parent from visiting the child during agreed-upon visitation times, and overstepping legal custody agreements by making unilateral decisions on the child’s schooling or extra-curricular engagements. If you begin to notice a trend of violations, begin documenting the details surrounding the violations. If the violations continue, it is time to speak with your attorney. In serious cases, your attorney may pursue a modification to the original custody agreement.
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