Is Spousal Maintenance in Your Future?

At the end of a marriage, there may be few issues more contentious than alimony. Alimony, also called spousal support or spousal maintenance, is not a guarantee in a divorce. Nevertheless, your circumstances may qualify you for spousal support at least for long enough to get you back on your feet after your divorce.

Spousal maintenance is a tool the courts may use to even the odds between a divorcing couple whose financial situations are unfairly off balance. If your spouse has considerably more assets than you or better opportunities for earning, you may wish to seek spousal support as part of your divorce order.

DO I QUALIFY FOR MAINTENANCE?

The purpose of spousal maintenance is to provide financial assistance to one spouse who may otherwise struggle in the months or years following a divorce. For example, you may have left the workforce to raise children or support your spouse’s career, suffer from a health condition that prevents you from working, or require additional skills or education before you can return to a previous career.

In most cases, Illinois family courts determine maintenance amounts based on a complex formula, but the answers to the following questions may result in a higher or lower amount:

• How long were you married?
• How old are you?
• What is the state of your physical and emotional health and the health of your ex?
• How long would you need to obtain the training or education to be able to support yourself?
• What standard of living were you accustomed to during your marriage?
• What can your former spouse afford to pay while maintaining his or her own standard of living?

Many maintenance orders have a termination date, but if a court should award you alimony for a lifetime, you may want to make sure your ex carries a life insurance policy or provides for your continued support through an estate plan.

WHO GETS ALIMONY?

Spousal maintenance is no longer limited to former housewives whose husbands were the breadwinners. More often these days, both spouses work, and it is not uncommon for a divorce order to require a wife to pay an ex-husband support. Additionally, the sex of the supporting spouse is not much of an issue since the legalization of same-sex marriages.

Each case has its own unique factors, and your divorce likely has elements that may affect your right to spousal maintenance. Obtaining the support you need may mean the difference between a successful post-divorce life and years of financial struggle.

Breaking the News of Your Divorce to Your Child

Among the many heartbreaks when a marriage ends in divorce is the bewilderment and sadness the children may experience. When discussing the changes that are ahead for your Illinois family, you will want to find the gentlest and most appropriate way to console your child while sharing the information he or she needs to hear.

As difficult as it may be for you, your child may need to hear from your own lips what is about to happen to the family. It may not be possible to break the news without also breaking the child’s heart, but you can take steps to reduce the anxiety and confusion your child may feel.

A VERY DIFFICULT CONVERSATION

Undoubtedly, if you and your spouse have been struggling in your marriage, it has not escaped the notice of your children, no matter how young they may be. Nevertheless, they may not understand the implications of your quarrels, absences and silent dinners, and this is why a heartfelt talk is important. In addition to the cold facts, you will want to be certain to include the following details, some of which bear repeating many times in the weeks and months to come:

• Acknowledge that you and your spouse are having troubles.
• Never speak ill of the other parent to the child or where the child can overhear.
• Assure the child that the divorce is not his or her fault.
• Confront the fact that some things are going to change.
• Allow the child to express whatever emotions come, such as anger, sadness, frustration or fear.
• Tell the child you are also sad and upset.
• Reassure the child that you will still be his or her parents.
• Promise the child that your love for him or her will never change.

You should not do all the talking, however. It is possible that the child will be overwhelmed or emotional and unable to express his or her feelings. Still, your child may have many questions, and child advocates recommend listening carefully, without judging or taking offense, and encouraging the child to come to you as often as necessary with questions or concerns.

Your child will also take comfort in your patient reminders that everything will be fine in time. You can impress this idea on your child by refusing to sink into your own emotions and taking good care of yourself and remaining optimistic about the positive things your future may hold.

What Happens if The Court Denies Me Child Custody?

A custody battle can be one of the most heart-rending and stressful experiences a parent can go through. Despite putting your best effort forward, there is still a chance that the judge will award physical and legal custody to the other parent. This means you may have little say in the decisions that often come with parenting, and you may have limited time to spend with the child.

Because family courts more often prefer that both parents have an active role in their child’s life, it is possible that the judge will award you some form of visitation, even if your former partner receives full custody. However, it is always wise to understand the possible outcomes and the options you have for making the most of any time you have with your child.

DENIED VISITATION

There are a few reasons why a judge may deny visitation altogether. For example, if you have had little or no contact with the child in recent months, you struggle with substance abuse or you have a history of domestic violence, the court may feel visitation with you is not in the best interests of the child. On the other hand, the court may agree to supervised visitation to allow you time with the child in the presence of someone else.

Additionally, a judge may decide that your failure to take advantage of past visitation opportunities is too painful for the child to risk by awarding you future visitation time. You may have to make a good case for how you intend to be more involved in the child’s life or ask the court what you can do to earn the restoration of your visitation rights in the future.

MAXIMIZING VISITATION

Unfitness is only one reason why a judge may deny custody to a parent. If you are a positive influence in your child’s life, other factors that may work against you include the distance you live from the other parent’s home or the fact that the other parent has been providing most of the child’s caregiving up to this point.

In most cases, however, the courts strive to keep both parents in a child’s life. If the other parent receives custody, you can fight for as much visitation time as possible, including weekends, overnights during the week, vacations, holidays and the right of first refusal if the other parent needs childcare. Ideally, you and the other parent can work this out, but it may be in your best interests to have a strong legal ally.

What Does Property Division Look Like in An Illinois Divorce?

There’s a chance you’ve accumulated a lot of assets though your marriage. Or maybe you weren’t married long enough for many assets, accounts or investments to stack up. Regardless of how much you have, all your marital property is subject to division during the divorce process.

The laws regarding property division can give you a better picture of what you will keep after your settlement. And knowing about the equitable distribution system that exists in Illinois can help you prepare your property settlement agreement.

EQUITABLE DISTRIBUTION FACTORS

Under equitable distribution, all property acquired through the course of your marriage is subject to a division that is fair. Your marital property might include the family home, furniture, vehicles and bank accounts. This concept may be hard to grasp at first because it doesn’t mean that you will be able to keep half of everything you shared as a couple.

Instead, there are a variety of factors that a judge will look at before approving a division of assets. For starters, a judge might ask who helped marital assets grow or decrease throughout the marriage. This includes both taking on jobs to maintain household expenses and serving as a homemaker to support a spouse’s career. The court will also consider how financially stable you will be after separating from your spouse. This might include reviewing your employability, your health and age and any prenuptial or postnuptial agreements you’ve signed.

TREATMENT OF SEPARATE PROPERTY

It’s worth mentioning that if you’ve kept assets you had prior to your marriage separate from your spouse, then these assets won’t be subject to division. State law doesn’t allow courts to split up gifts or inheritances you receive during marriage either. This is because the court often views gifts and pre-marital property as non-marital or separate property. So, a car you paid off prior to your marriage and a car that you bought with an inheritance check that only listed your name might both fall under separate property classification.

Since this property division process can be a lot to take in at once, it’s important to start with listing out every asset and belonging between you and your ex before getting too overwhelmed. You won’t want any assets to slip through the cracks, so this will help you create a solid foundation for you and anyone else assigned to your divorce case.

Are You Dissolving a Marriage Because of Coronavirus?

Hey! It’s Alyease of the Law Office of Alyease Jones. Earlier this year, I compiled a list of things to do while quarantined aka the C.A.R.E. list. Create. Adjust. Read. Enjoy. Follow Lady Justice Chicago’s Instagram page at https://www.instagram.com/ladyjusticechicago/ or follow the Facebook page at https://www.facebook.com/ladyjusticechicago.

A lot of us have personally experienced the negative effects of Coronavirus. This pandemic has presented challenges to our physical and mental health. Many people have been quarantined with a partner and have come to the realization that your marriage will not survive the pandemic.

Now, let’s be clear. I am not blaming the breakdown of your marriage on Coronavirus. However, it is possible that the effects of being quarantined with someone for days at a time provided you with an opportunity to reflect on and reevaluate your marriage. In that time of reflection, you may have decided that it would be best for your family to dissolve your marriage. So, what are the next steps? The first step is to decide if you are emotionally ready to end your marriage. Next, create a plan. As I always say, “Divorce does not indicate a failure. Divorce may be a step in the right direction.”

Illinois’ Deadbeats Most Wanted List

Almost everyone is familiar with “Most Wanted List”. Were you aware that the State of Illinois has a “Deadbeats Most Wanted List”? What’s a deadbeat one may ask? Illinois defines a deadbeat as an individual who is in arrears in their child support obligation under an Illinois court order or administrative order. See 305 ILCS 5/12-12.1. A delinquent parent may appear on the list if they owe more than $5,000.00 in past due child support payments. The list will include the delinquent parent’s name and address, amount of the child support arrears, and any other information deemed appropriate by the department. The list is viewable by the public. For information about child support enforcement, visit the Illinois Department of Healthcare and Family Services child support page.

Owed child support? You do not have to wait for the other parent to land on the State’s list. A child support order can be enforced in court, and a parent who keeps refusing to pay can be held in contempt. Read What to Do If Your Ex Refuses to Pay Court-Ordered Child Support for the steps, or learn how we handle child support enforcement and modification.

If you need assistance with the recovery of child support, then contact the Law Office of Alyease Jones. If you need assistance with refuting past due child support payments or to modify child support payments, then contact the Law Office of Alyease Jones. To avoid appearing on the delinquent parent or deadbeats most wanted list, then contact us today for a consultation. Let’s chat! The Law Office of Alyease Jones can be reached by calling today.

2017 Open Enrollment Period and Divorce

It is that time of year again. It is time to select health insurance coverage for 2018. Open Enrollment period is from November 01, 2017 to December 15, 2018. It is important to enroll during this period, or you may not be eligible for 2018 health insurance coverage. However, certain life events allow individuals to enroll in a healthcare plan outside of the Open Enrollment Period. This period outside of open enrollment called the Special Enrollment Period. If you qualify for the Special Enrollment Period, then you should enroll within 60 days of a qualifying “life event”. If you are going through divorce proceedings, moving, or losing coverage, then these events classify as life events. Please note these are not the only life events that may allow an individual to qualify for the Special Enrollment Period.

Going through a divorce is difficult. It is important that all parties involved transition to divorcée as seamlessly as possible. Preparation and Planning can make the transition smoother. As an effective financial plan, it is important to calculate the cost of insurance. Plan accordingly by researching healthcare market plans.

2017 Changes in Child Support

The past few years have been very exciting in the world of family law. Why? Illinois is making quite a few changes. The method of calculating child support is about to change. Beginning July 1, 2017, Illinois will join approximately 40 other states and use the Income Shares model to determine child support payments. What does this mean? Child support payments will no longer be calculated using a flat percentage of the non-custodial parent’s net income.

Under the new law, the child support payment is determined by first calculating the net income of each parent. Then, the net incomes of the parents will be combined to determine the total income of the family. It is important to note that the new law treats parents who “share” parenting time differently. If a parent is in the physical care of a child at least 146 overnights a year, the court may first multiply the basic child support obligation by 1.5 to calculate the shared child support obligation. Next, each parent’s child support obligation is calculated by multiplying each parent’s portion of the shared child support obligation by the percentage of allocated parenting time. The parent who owes more child support will pay the difference between the two amounts to the other parent.

With these changes, there may be more litigation in the courtroom about parenting time. Only time will tell. However, the most important thing to remember with these changes is a child should be supported by both parents. When practicable, it is always in the best interest of a child for the parents to work together.

The Importance of Teamwork

A popular phrase is “team work makes the dream work”. Last week, more than ever, this phrase was applicable. While in parentage court, I was very attentive to other cases. Most of the parties had children in common, but were never married. There were a wide range of issues– from parenting time (visitation) to child support.

However, there was a common theme throughout each case–dissension. Somewhere along the way, these parents decided that court intervention was needed. The Judge said something that resonated with me “in order for a child to have the best life both parents have to come together and recognize the importance of working together”. Working together allows each family member to achieve their highest potential.

Children should grow up in an environment that allows them to see their parents in a caring and nurturing state. This includes the relationship of the parents. When a child sees their parents working together, it cultivates a sense of love and security. I’m not a psychologist, but a loving environment allows individuals to achieve a greater sense of self-worth. A greater sense of self worth allows individuals to be more productive. The old adage states that it takes a village to raise a child. Ultimately, team work makes the dream work.

Facing a Divorce

Unfortunately, for many marriages divorce is inevitable. There comes a time when a couple has to decide if staying together is “worth it”. There are many factors that lead to a divorce. Surprisingly, I have recently discovered the state you live in is an indication of the success rate of your marriage. To view an interesting article that discusses the divorce rates according to States click here.

Divorce is a word that is associated with mixed emotions. For some, a divorce triggers deep-seated emotions and pain. For others, a divorce is a reason to rent a party bus and celebrate with their closest friends–it is an exciting, new chapter in life. Regardless of how an individual views divorce, it is a process that an individual should not enter into alone. If you are considering a divorce, then I urge you to find someone you can depend on or find a support system.

Divorce doesn’t indicate failure; divorce may be a step in the right direction. Honestly, the end of a chapter indicates the beginning of a new chapter. Wisdom teaches you that “sometimes the right path isn’t the easiest one” Grandmother Willow, Pocahontas.