Divorced and unmarried parents who share custody may experience changes in their lives that require a modification of the child custody agreement. In Illinois, child custody is called the allocation of parental responsibilities. Parental responsibilities refer to decision-making authority regarding the child's education, religion, and other significant Issues in a child's life.

Changing the parenting time schedule, or the time that each parent has the child, is much easier than changing the allocation of parental responsibilities. Depending on your circumstances, you may need to petition the court to change parental responsibilities and provide evidence for why the change is immediately necessary.

How to Modify the Allocation of Parental Responsibilities

When it comes to divorce and child custody cases, Illinois courts are primarily interested in protecting the child's well-being. In order to promote stability in a child's life, the court limits when parents may change the allocation of parental responsibilities.

When an Illinois couple files for divorce, the spouses are asked to provide information about their employment status, income, and property. This information is used to guide asset division negotiations, calculate child support, and determine any spousal maintenance obligations.

Divorcing spouses who hope to reduce their financial obligations or increase their financial support may lie on their financial disclosure forms. If you are getting divorced, it is essential that you remain vigilant for this type of financial deception.

Undisclosed Income and Getting Paid "Under the Table"

Income that is concealed in the form of cash payments, investments that are not reported to the IRS, or other forms of payment can be difficult to detect.

If you are like most people, you have probably heard of prenuptial agreements but you may be less familiar with postnuptial agreements. Postnuptial agreements are very similar to prenuptial agreements with one major difference: A postnuptial agreement is agreed to after the couple is already married while a prenuptial agreement is signed before the wedding. This blog will discuss some of the common reasons that married couples negotiate postnuptial agreements and the benefits these agreements may provide.

Basics of a Postnuptial Agreement

Similar to prenuptial agreements, postnuptial agreements or "postnups" are legally binding agreements between two parties. The specific terms of a postnuptial agreement vary from case to case. However, many postnuptial agreements are used to define certain assets as non-marital assets, separate marital assets from non-marital assets, protect business interests, and confirm estate planning wishes.

Why Sign a Postnuptial Agreement?

The reasons that couples sign postnuptial agreements are as varied and unique as the individuals in those relationships. Some of the most common reasons married couples sign postnuptial agreements include:

Illinois adopted a new methodology for calculating child support in July 2017. Child support obligations are now calculated using the Income Shares formula. The amount a parent pays is based on both parents’ net incomes and the number of children involved. Although Illinois has used this calculation method for several years now, there is still a significant amount of confusion about establishing, modifying, and enforcing child support payments. This blog will present an overview of child support laws in Illinois and answer some of the most frequently asked questions about child support obligations.

How Do I Start Receiving Child Support?

Any parent can confirm that raising a child is expensive, and single parents often rely on financial support from the other parent to make ends meet. If a mother wants to receive child support from a child's father, she must first confirm that paternity is established. Paternity may be established through a Voluntary Acknowledgement of Paternity, an administrative order, or adjudication from the court.

The next step is to file a petition for child support with the Illinois Department of Healthcare and Family Services (HFS). Once the petition is filed, HFS will send notice to the other parent and set up a hearing.

People usually envision their wedding day as being a moment full of hope and joy. And while for many couples it is exactly that, the days and months following the wedding may be equally full of surprises and disappointments. It can be hard to know someone without living with them, and even then, people can be surprisingly good at covering up important information when it suits their purposes. In times like these, it can be useful to know when it may be possible to declare your marriage invalid. Also known as getting a marriage annulled, a declaration of invalidity of marriage can end your relationship without going through the hassle of a divorce.

When Can Someone Get an Annulment?

Not everyone who gets married and quickly regrets it can get an annulment. Unlike a divorce, in which someone does not need to declare grounds at all, there are only four grounds for annulment in Illinois. These are:

• Illegality - A marriage is illegal if one spouse was already married or if the spouses are too closely related. Siblings and first cousins cannot get married in Illinois unless the first cousins are over 50 years old or are infertile. Although most annulment grounds have time limits, a couple who discovers they are too closely related can annul their marriage at any time.
• Age - If one spouse was under age 18 and did not have parental consent, the marriage may be declared invalid. Even with parental consent, someone cannot get married in Illinois before age 16. An annulment must take place before the age of legal adulthood or parental consent.
• Consent - If a spouse was incapable of consenting because of mental illness or drug or alcohol use, a marriage can be annulled. This occasionally happens when a drunk couple decides to wed in a spur-of-the-moment ceremony, but it can also happen when a partner was having a psychological breakdown or was unmedicated and did not understand the full implications of getting married. An annulment for lack of capacity to consent must take place within 90 days.
• Lack of consummation - If a couple gets married and discovers that one spouse is not capable of consummating the marriage through sexual intimacy, as long as the other spouse did not about the physical incapacity, the marriage can be annulled. An annulment for lack of physical capacity must take place within a year.

Call a Wheaton, IL Annulment Attorney

At Stock, Carlson & Asso. LLC, we know that sometimes the unexpected happens. That is why our DuPage County annulment attorneys are committed to helping you explore the available options to end your marriage as soon as possible. Schedule your comprehensive consultation by calling us today at 630-665-2500. We are available for consultations over the phone, in person, or by teleconference.