April 11, 2020 Hurst, Robin & Kay

Chicago Divorce Lawyer

Professional Assistance With Your Divorce

Our Chicago, IL divorce lawyer understands that ending a marriage can be one of the most challenging experiences in a person’s life. Our dedicated team is committed to providing compassionate and effective legal representation to guide our clients through this difficult time. We specialize in a variety of family law matters, including child custody, asset division, and spousal support, ensuring that each client receives personalized attention and tailored strategies to meet their unique needs. Our goal is to help our clients achieve a favorable outcome, while minimizing the emotional and financial stress often associated with divorce proceedings. At Hurst, Robin, Kay & Allen, LLC we’re more than just lawyers; we’re partners in establishing your new beginning.

Table of Contents

Determining Child Support

Understanding how child support is determined is a critical aspect of any divorce or separation involving children. Our divorce attorney specializes in child support issues, ensuring fair and responsible arrangements that prioritize the well-being of the children involved.

The Basics of Child Support

Child support is a financial obligation paid by one parent to the other, intended to cover the costs associated with raising a child. This includes basic necessities like food and clothing, as well as education, medical care, and other essential expenses.

Factors Influencing Child Support Calculations

Several key factors influence the determination of child support, including:

  • Income of Both Parents: The most significant factor is the income of both parents. This includes wages, salaries, bonuses, dividends, and other forms of income.
  • Number of Children: The amount of support increases with the number of children.
  • Custody Arrangements: The amount of time each parent spends with the child can affect child support. In shared custody cases, support may be adjusted to account for the time the child spends with each parent.
  • Children’s Needs: Special needs, health issues, and educational expenses are also considered when determining child support.

Illinois Child Support Guidelines

In Illinois, child support calculations are generally based on the “Income Shares Model.” This model considers the combined income of both parents and the number of children to determine a support amount that resembles what the child would have received if the parents had stayed together.

Adjustments and Deviations

In some cases, the court may deviate from standard guidelines. This can happen if following the guidelines strictly would result in an unfair or inappropriate amount. Factors that might lead to such adjustments include extraordinary medical expenses, special educational needs, or significant disparities in parental income.

Duration of Child Support

Typically, child support is paid until the child reaches the age of 18 or graduates from high school, whichever comes later. However, there can be exceptions, such as extended support for a child with special needs.

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Financial Planning for a Divorce

Divorce is not just an emotional journey but also a financial undertaking. Our divorce lawyer has guided numerous clients through the intricate process of financial planning during a divorce. Here, we share key insights and strategies to help individuals prepare financially for this life-changing event.

Understanding Your Financial Position

The first step in financial planning for a divorce is to gain a comprehensive understanding of your financial situation. This includes an inventory of all assets, such as property, investments, retirement accounts, and any debts or liabilities. We recommend gathering all financial documents, including bank statements, tax returns, and pay stubs, to obtain a clear picture of your financial health.

Budgeting for the Transition

Creating a budget for the transition period is crucial. Divorce can bring unexpected expenses, and it’s important to anticipate these costs to avoid financial strain. We advise our clients to consider immediate needs, such as legal fees, living expenses, and potential child support or alimony obligations. This foresight is essential for maintaining financial stability.

Asset Division Strategy

Asset division can be one of the most contentious aspects of a divorce. Our team is skilled in negotiating fair settlements that reflect the true value of marital assets. We emphasize the importance of understanding the difference between marital and non-marital assets and how they are treated under Illinois law.

Managing Debt and Credit

Debt is another critical factor in divorce financial planning. It’s important to understand how debt is divided and the impact it can have on your financial future. We recommend reviewing credit reports and ensuring that all debts are accounted for in the divorce settlement. Protecting your credit score during this time is paramount.

Planning for Tax Implications

Taxes can have a significant impact on the financial outcome of a divorce. Issues such as alimony, child support, and the division of assets can all have tax consequences. Our team ensures that clients are aware of these implications and plans accordingly to mitigate any negative effects.

Securing Your Financial Future

Post-divorce, it’s important to update your financial plan. This includes revising your will, updating beneficiary designations, and reassessing your investment strategy. We encourage our clients to seek financial advice to ensure their long-term financial health and security.

How to Strategize the Timing of Your Divorce

Deciding when to file for divorce is as important as the decision to divorce itself. Our experienced Chicago divorce lawyer understands the impact of timing a divorce. This decision can have significant legal, financial, and emotional implications, and it’s essential to handle this process thoughtfully.

  • Understanding the Importance of Timing

The timing of a divorce can affect numerous aspects of the process, from financial settlements to child custody arrangements. Factors like the duration of the marriage, age of children, and financial circumstances play a pivotal role in determining the most strategic time to initiate divorce proceedings.

  • Financial Considerations

One of the most critical aspects to consider when timing a divorce is finances. Income levels, asset accumulation, and debts can all be impacted by the timing of your divorce. For example, filing for divorce at a time when you or your spouse is due for a significant financial change, like a promotion or inheritance, can affect the division of assets and spousal support.

  • Employment and Career Transitions

Career transitions can also influence the timing of a divorce. If one spouse is considering a career change, starting a business, or returning to school, this can impact both the financial aspects of the divorce settlement and future earning capacity.

  • Children’s Needs and Considerations

The age and needs of children are another vital factor. The timing of a divorce can impact child custody arrangements and support. It’s essential to consider the emotional and educational needs of children while planning a divorce.

  • Emotional Preparedness

Emotional readiness is a subjective but critical component. Each individual’s emotional state and readiness to undergo the divorce process should be considered. Counseling and support networks can be invaluable during this time.

  • Legal Implications of Timing

Certain legal aspects, such as the length of the marriage, can influence aspects like alimony and property division. In some jurisdictions, the length of the marriage can impact the division of retirement benefits and other long-term financial assets.

  • Tax Considerations

The timing of a divorce can also have significant tax implications. Marital status as of December 31st determines how you will file your taxes for that year. Consulting with a tax advisor can help in understanding these implications.

Chicago Divorce Statistics

According to Illinois Department Of Public Health,  “In 2020, there were 1.6 divorces per one thousand inhabitants in Illinois. This figure is a decrease from 1990, when the divorce rate was 3.8 divorces for every one thousand inhabitants in the state.”

Chicago Divorce FAQs

What are the grounds for filing for divorce in Chicago, IL?

In Chicago, Illinois, a divorce can be filed on the grounds of irreconcilable differences. This is a no-fault ground, meaning that neither party is blamed for the breakdown of the marriage. The state requires that the spouses have lived separate and apart for a continuous period of not less than six months prior to the divorce being finalized, although they can still cohabitate if they are living separate lives under the same roof. This no-fault approach simplifies the process by focusing on the dissolution of the marriage rather than the reasons for its breakdown.

How is property divided in a divorce in Illinois?

Illinois is an “equitable distribution” state, which means that in a divorce, marital property is not necessarily split 50/50 but rather in a manner that is fair and equitable. The court considers various factors, including each spouse’s contribution to the marital property, the duration of the marriage, the economic circumstances of each spouse, any obligations from a prior marriage, and the custodial provisions for any children. Non-marital property, which includes assets acquired before the marriage or by gift or inheritance, is typically not subject to division.

How is child custody determined in a divorce in Chicago, IL?

In Chicago, IL, child custody is determined based on the best interests of the child. The court will consider factors such as the wishes of the child, the mental and physical health of all individuals involved, the child’s adjustment to his or her home, school, and community, and the willingness of each parent to facilitate a relationship between the child and the other parent. The court may award joint or sole custody depending on these considerations, with a focus on ensuring the child’s wellbeing and maintaining a healthy relationship with both parents.

Can I get alimony (spousal support) in a Chicago divorce, and how is it calculated?

Yes, alimony, also known as spousal support or maintenance, can be awarded in a Chicago divorce. The decision is based on several factors, including each spouse’s income and property, the needs of each party, the present and future earning capacity of each party, any impairment to the earning capacity of the party seeking alimony due to devoting time to domestic duties, and the time necessary for the party seeking alimony to acquire education, training, and employment. The amount and duration of maintenance are calculated using statutory guidelines based on the duration of the marriage and the income of both parties.

Is mediation required in a Chicago divorce?

Mediation is not universally required in all divorce cases in Chicago, IL, but it may be ordered by the court in cases involving disputes over child custody or visitation. Mediation can be a beneficial process for resolving these disputes outside of the court, focusing on the best interests of the children and fostering cooperation between the parents. Even when not court-ordered, couples may voluntarily choose mediation as a way to handle their divorce more amicably and cost-effectively.

divorce lawyer Chicago IL legal glossary

Chicago Divorce Glossary

At Hurst, Robin, Kay & Allen, LLC, we know that working with a Chicago, IL divorce lawyer often involves learning unfamiliar terms that can feel overwhelming during an already difficult time. To help our clients feel more informed and confident, we’ve compiled a glossary of important phrases and legal terms commonly used in divorce proceedings. These definitions offer clear explanations of what to expect and how certain decisions may affect your case.

Parenting Allocation

Parenting allocation refers to the division of decision-making responsibilities and parenting time in a divorce or separation. In Illinois, the term has replaced the traditional concept of “custody.” Courts determine parenting allocation based on what is in the child’s best interests. This includes both major decision-making responsibilities (such as education, healthcare, and religion) and the schedule of time the child spends with each parent. A parenting plan is typically developed, either by agreement of both parties or by court order, to outline these arrangements clearly.

The court evaluates factors like each parent’s ability to cooperate, the child’s needs, and the stability of each parent’s home environment. Parenting allocation promotes a more structured and collaborative framework for co-parenting, focusing on the child’s long-term well-being rather than labeling one parent as a “custodial” or “non-custodial” party.

Marital Vs. Non Marital Property

In Illinois divorce law, a key distinction is made between marital and non-marital property. Marital property includes assets and debts acquired by either spouse during the marriage. This may include real estate, vehicles, bank accounts, retirement savings, and business interests. Non-marital property, on the other hand, refers to assets owned by one spouse prior to the marriage, as well as certain items received individually, such as gifts or inheritances.

Illinois courts use the principle of equitable distribution to divide marital property. This means division is based on fairness rather than a strict 50/50 split. Property classification can influence the outcome significantly, and accurate identification of what constitutes marital versus non-marital property is essential when determining a settlement.

Spousal Support

Maintenance, often referred to as spousal support or alimony, is financial assistance paid by one spouse to the other after a separation or divorce. It is intended to help the receiving spouse maintain financial stability, particularly if there is a disparity in income or if one spouse left the workforce to support the family. Illinois uses a formula based on the income of both parties and the duration of the marriage to calculate the amount and duration of maintenance, though the court has discretion to adjust based on individual circumstances.

Several factors influence maintenance decisions, including each party’s needs, the standard of living during the marriage, the duration of the marriage, and each spouse’s future earning potential. Maintenance can be temporary, fixed-term, or indefinite, depending on the situation.

Allocation Of Debts

Just as marital assets are divided, so are debts acquired during the marriage. This process is referred to as the allocation of debts. Illinois courts determine how to assign responsibility for debts such as credit cards, personal loans, mortgages, and medical bills. The goal is to divide these obligations fairly, taking into account the financial resources and responsibilities of each spouse.

Even though a debt may be in one spouse’s name, it may still be considered marital if it was used for the benefit of the household. We advise our clients to thoroughly review all joint and individual debts to protect their credit and avoid unexpected liabilities after the divorce is finalized.

Parenting Time Schedule

A parenting time schedule outlines when a child will be with each parent following a divorce. It is part of the broader parenting plan required in Illinois family law cases. Courts encourage schedules that support the child’s relationship with both parents and create consistency. The schedule can be flexible or detailed, depending on the needs of the child and the parents’ ability to work together.

Common arrangements include alternating weekends, midweek visits, shared holidays, and summer break adjustments. When crafting a schedule, courts prioritize the child’s emotional, educational, and developmental needs. Any deviations from the agreed schedule must be approved by the court to be enforceable.

If you’re preparing for divorce or need guidance with child custody, support, or property division, our team is here to help. At Hurst, Robin, Kay & Allen, LLC, we provide straightforward legal support to help our clients make informed decisions. Contact us today to schedule a consultation with a trusted Chicago divorce lawyer.

Hurst, Robin, Kay & Allen, LLC, Chicago Divorce Attorney

30 N La Salle St #1210, Chicago, IL 60602

Contact Our Chicago Divorce Lawyer Today

We are dedicated to providing our clients with the comprehensive support and expertise they need during this challenging time. Whether it’s understanding the nuances of Illinois divorce laws, negotiating fair settlements, or advocating for the best interests of children in custody cases, our team is committed to ensuring that every client receives personalized and effective legal representation. We understand the emotional and financial challenges that come with divorce, and we are here to help our clients make informed decisions and transition into the next chapter of their lives with confidence and peace of mind. Our Chicago divorce lawyer at Hurst, Robin, Kay & Allen, LLC has helped thousands of individuals and families in Chicago and the surrounding suburbs. Contact us today to schedule a consultation.

Chicago Divorce Lawyer Google Review

“In a world where good guys are few and far between, Brian Hurst helped me navigate what could have been years of misery. He was intimately familiar with even the smallest detail and was fearless in keeping my child out of the crossfire. “Thank you” is just too small of a sentient. If you need a champion to help you through one of life’s tribulations, Mr. Hurst must be your only choice.” – Cory S.

Client Review

“John Kay handled my divorce. He made a very difficult situation manageable. He listened to me, responded in a timely manner and was not afraid to challenge the opposing attorney. I would recommend him to anyone facing this difficult life choice.” Liz Nesbit Client Review