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Recent Blog Posts
What Should You Do Before Getting Remarried After Divorce?
Getting remarried after a divorce can be an exciting new chapter, but it also comes with legal and financial considerations. Many people who have gone through a divorce are understandably cautious about jumping into marriage again, especially when it comes to issues like taxes, child support, alimony, and child custody. Before walking down the aisle again, it is important to understand how your new marriage could impact these areas.
At Loire Krajniak Law, LLC, our Illinois family lawyer helps clients manage the legal side of remarriage. Whether you need to update an existing court order, renegotiate support payments, or ensure your rights as a parent are protected, our firm is here to help.
How Will Remarriage Affect Child Support and Alimony?
One of the biggest concerns for many divorced people is how remarriage will impact child support or spousal support (alimony) obligations. The effect of remarriage depends on several factors, including the specific terms of your divorce decree and Illinois law.
Is College Included in Child Support in Illinois?
Many parents wonder whether child support in Illinois includes college expenses. Unlike some states that end child support obligations when a child turns 18, Illinois law allows courts to require divorced or separated parents to contribute to their child’s college education.
Many parents are surprised and frustrated by this, but it is the law and the more you know about it, the more empowered you will be to navigate your particular situation. With the help of our Illinois child support lawyer, understanding how these laws work can help you plan for the financial responsibilities of your child’s higher education.
What is Illinois Law on College Expenses and Child Support?
Under current Illinois law, a court may order one or both parents to contribute to a child’s post-secondary education. This support is separate from standard child support payments and can continue even after the child reaches adulthood. Court-ordered college support may cover tuition, fees, housing, meal plans, books, and medical expenses, including health insurance.
Can a Father Get Sole Custody of a Child in Illinois?
Fathers often worry that they will not receive fair treatment in child custody and divorce cases, but fathers actually have the same legal custody rights as mothers. A father can obtain sole parental responsibilities if he proves that it is in the child's best interests, and our Illinois family lawyer can help fathers understand how this is possible. Note that Illinois law no longer uses the term "custody," instead referring to parental responsibilities and parenting time.
When Can a Father Get Sole Custody in Illinois?
While the court presumes that a child benefits from having both parents involved, there are situations where a father may seek sole decision-making authority and all or the majority of parenting time.
A father seeking sole custody must show that the child's mother is unable or unwilling to care for the child. The court evaluates many factors when making this determination, including:
Should I Make a Will or a Trust?
One of the most significant issues people deal with when planning their estates is deciding whether to write a will or set up a trust. While both have their benefits, there are times when one option may be more appropriate than the other. To ensure you are able to make a well-informed decision, contact an estate planning attorney to weigh your options and see what makes the most sense for you and your situation.
Factors to Consider When Making Estate Planning Decisions
Here are some factors to consider before deciding whether to make a will or a trust:
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Cost – Writing a will is generally less expensive than setting up a trust. This is because a will is a relatively straightforward legal document that can be drafted by an attorney in a short amount of time. On the other hand, setting up a trust requires more time and effort and additional legal fees.
What is the Purpose of a Living Will?
The news is full of stories of terrible car accidents and other tragedies. These stories serve as a reminder that tomorrow is never guaranteed, and a severe injury or illness can occur to anybody at any time.
A living will is an estate planning document that allows a person to make decisions about their medical care in the event that they are incapacitated. For example, a living will can be used to direct doctors on the medical interventions they should take if you are in a coma or vegetative state.
Incapacitation planning can be an emotional process because it requires us to consider the possibility that we could be unable to communicate our medical preferences. However, living wills are an essential estate planning tool that puts the decision-making power in your hands – regardless of what the future holds.
Plan For Your Medical Care in the Event That You Are Incapacitated
If you were extremely ill and doctors did not believe there was a chance of recovery, would you want doctors to use every medical tool possible to keep you alive? Or, would you rather know that you will not be kept alive through mechanical ventilation, feeding tubes, or other means if there is no chance that you will wake up?
Digital Assets and Divorce: The New Property Division Frontier
One of the most foundational elements of any divorce case is the division of marital assets. Traditionally, marital assets included things like real estate properties, bank account balances, retirement funds, and investment income. However, with the advent of digital assets and digital currency, property division during divorce has become much more complicated.
Cryptocurrency, non-fungible tokens (NFTs), and other types of digital assets have an equivalent value in real currency, so they must be properly addressed during divorce, just like any other asset. However, classifying digital assets as marital or non-marital property and determining the value of the assets can be a real challenge.
Determining Ownership of a Digital Asset in a Divorce
Digital assets can be broadly defined as anything that is created and stored digitally and has value. Digital assets may include documents, data, videos, software code, and even social media accounts. Some of the newest types of digital assets include security tokens, crypto assets, NFTs, and cryptocurrencies such as Bitcoin, Ethereum, tether, and USD coin.
Can You Get Alimony in Illinois?
Many divorcing spouses have questions about alimony, or as it is called in Illinois, spousal maintenance. When is a spouse entitled to maintenance payments? Does the lower-earning spouse automatically get alimony in Illinois? How much are alimony payments and how long do they last?
In this blog, we will explore Illinois laws regarding spousal maintenance, when maintenance is awarded, and what you can do if you have further questions about spousal maintenance during your divorce.
Negotiated Agreements or Court Awards
There are two main ways that a spouse can receive alimony in an Illinois divorce. First, the spouses may be able to negotiate the terms of maintenance. For example, a spouse may agree to pay the lower-earning spouse a certain amount of money each month for the first year after the divorce. It is also possible that a divorcing couple has already made arrangements for spousal maintenance in a prenuptial agreement or postnuptial agreement.
Supervised Visitation and Other Parenting Time Restrictions in Illinois
Illinois courts make all child-related decisions based on one primary factor: the child's best interests. Courts typically presume that it is best for children to spend time with both of their biological parents. However, this assumption can be overcome. If a parent presents some type of risk or danger to a child, the court may implement a restriction or condition on that parent’s parenting time. Supervised visitation or supervised parenting time is one of the most common restrictions.
Read on to learn about the types of parenting time restrictions used in Illinois family law cases, the reasons that someone's parenting time may be restricted, and what you can do if you have concerns about your child's safety with the other parent.
Reasons the Court May Restrict a Parent’s Parenting Time
The court only implements parenting time restrictions if needed to protect the child's well-being. Often, parenting time restrictions are put in place because a parent has a substance abuse problem, serious mental illness, or other life circumstances that could potentially put the child in danger. Parenting time restrictions may also be put in place if the parent has been found guilty of a criminal offense involving a child.
Should I Have an Open Adoption or a Closed Adoption?
If you are thinking about bringing a child into your family through adoption, congratulations! Adoption is a blessing for both the adopted child and the adoptive parents. However, adoption is not without its share of complications - legally, financially, and emotionally. One question you may be exploring as you research adoption is whether you should have an open adoption or a closed adoption. In an open adoption, the adoptive child and the child's biological parents stay in contact with each other. During a closed adoption, the adopted child does not communicate with or visit the biological parents. In some cases the child may not even know who his or her biological parents are.
Closed Adoptions Sever the Child’s Relationship with His or Her Biological Parent Entirely
In a closed adoption, the adopted child is no longer a part of the biological parents’ lives. The adoptive parents assume the role of primary caregivers in the child's life. The child may grow up and eventually want to reconnect with his or her biological parent. However, while the child is a minor, the biological parents do not have any access to the child.
The Importance of Designating a Guardian for Minor Children in Your Will
A last will and testament is usually associated with the distribution of assets after a person's death. While instructions for asset distribution is an essential feature of any will, it is not the only purpose a will serves. A will also allows you to designate a guardian (or guardians) for minor children in the event that both parents pass away before the children are adults.
The designation of a guardian or guardians is an extremely important task, but it is one that many parents tend to put off. Understandably, it can be upsetting to think about who you would want to raise your children if you and the child's other parent pass away. However, it is still essential to make a decision. Without a designated guardian, the court will decide who raises your children, and this may not align with your wishes or expectations.
How to Choose the Right Guardian for Your Children
When selecting a guardian for minor children in your will, there are several factors to consider. It is important to select someone who has similar values and beliefs as you do, and who will prioritize the children's best interests. Consider whether the guardian lives in a place that you would want your child to grow up in and has enough financial stability to provide for their needs. Ask yourself, is this person emotionally and physically prepared for the task of raising a child? Is he or she willing to take on this responsibility? You may also want to consider appointing a backup guardian in case the first choice is unable to act as guardian.
From our office in Geneva, we serve clients throughout Northern Illinois, including Plainfield, Sugar Grove, Shorewood, Joliet, Rockdale, Crest Hill, Aurora, Big Rock, Plano, Yorkville, Bristol, Naperville, Will County, and Kane County.
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