LeVine Ehrman Ltd.Tinley Park Family Law Attorneys | LeVine Ehrman Ltd.2023-06-08T12:00:50Zhttps://www.lehlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503426/2022/04/cropped-brand_FAV-32x32.pngOn Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486992023-06-06T14:19:52Z2022-12-29T21:07:39ZDisabilities in parenting
According to the National Council on Disability, there are approximately nine million parents with disabilities in the United States. They also report that many states still have child custody laws that permit your disability as an acceptable reason to deny custody — or even visitation.
This might sound frustrating, especially if you have performed your duties as a parent all the way up to the divorce.
Proving your right to parent
Like any child custody consideration, courts look at several facets. This includes your parenting responsibilities, the best interests of your children and even your children's opinion if they are old enough. Your disability should not disqualify you from continuing to prove your parental duties.
Potential avenues of defense include:
Documentation of your ability to parent
Expert testimony that your disability does not hinder your ability
Medical approval of your parenting abilities
When facing these allegations, it is important to lean on your information and resources. Proper documentation and evidence in a child custody case may help alleviate these hurtful allegations.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486962023-06-06T14:22:12Z2022-12-19T15:57:39ZTell the manager
Chron discusses steps to take when dealing with personal problems at work. First, consider alerting the manager. It is possible for the stress of divorce to negatively impact a worker's performance. If their supervisor understands the circumstances behind these changes, it can save both parties a lot of time and headaches. They do not need to know the details, but a notification of the situation at large may go a long way.
Know your responsibilities
Next, understand personal responsibilities and the responsibilities of the employer. Companies may have obligations to meet the needs of employees in situations that make them struggle at work. Employees also have obligations to uphold even when dealing with divorce. Speaking to Human Resources and management to work out a good plan may help all involved parties.
Look for assistance
Finally, take a look at assistance programs while talking to Human Resources. Employment Assistance Programs offer free therapy sessions and consultations to many different workers. This is a good way for workers going through a hard divorce to get the extra support and help they need to navigate through this tricky time.
By working together, a company and divorcing employee can work out a situation that will benefit all of them.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486982023-06-06T14:22:53Z2022-12-14T17:04:03Zestablish paternity in Illinois.
By filling out an Acknowledgement of Paternity form
You may establish paternity if both you and your child’s other parent agree about who fathered the child and sign a voluntary form dictating as much.
By having a child support agency enter an order
Another way to establish paternity in Illinois involves having a state child support agency enter an Administrative Paternity order after genetic testing takes place.
By having a judge issue an Order of Paternity
Another way to establish paternity that involves genetic testing is to have a court judge issue an Order of Paternity.
While establishing paternity helps mothers collect child support and fathers secure rights to their children, it also benefits the child involved to know who his or her father is. Knowing the identity of his or her father helps a child learn about his or her medical history, and it may also expand that child’s familial and other resources, among other benefits.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486942023-06-06T14:24:18Z2022-11-30T20:11:51Zcover certain areas in the parenting plan you submit. In the event that you and your ex are unable to come to terms with the contents of your parenting plan, you have the option of having the state come up with one on your behalf. Regardless of whether you and your ex create the parenting plan, or you have the state do so for you, it needs to cover the following areas.
Living arrangements
While your parenting plan should outline who has the child in their home and when, it often helps to take things further and cover who has the child on vacations, holidays and the like.
Decision-making responsibilities
You should also use the parenting plan to discuss when you or your child’s other parent has the right to make decisions for the child, and when the two of you have to confer before making decisions.
Plans for resolving future disagreements
Your plan must also contain an outline of how you plan to handle any future conflicts that arise on your co-parenting journey.
While these are some of the important elements you must include in an Illinois parenting plan, this is not a complete list of everything you must cover therein.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486902023-06-06T14:25:21Z2022-11-14T22:02:06ZPaying child support electronically
The Illinois Department of Healthcare and Family Services goes over how you can pay child support electronically. For example, you can pay online with your credit card, bank account or PayPal account. If you pay child support with PayPal or your credit card, you will have to pay a 2.95% transaction fee (on top of your child support payment).
Other child support payment methods
Aside from paying online, you can also send a payment to the state through postal mail. When mailing a payment, make sure you write the address correctly and include various details, such as your Social Security number, the case number and the Illinois court that entered the order. You can also pay support over the phone, although this method can take seven days to process and incurs a processing fee.
It is important to look at different child support payment methods, fees and processing times in order to make it easier to stay caught up and pay on time.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486882023-06-06T14:26:00Z2022-10-31T13:58:09ZHow substance abuse can affect child custody
Illinois law allows courts to restrict the parenting time and responsibilities of a parent whose substance abuse puts a child's physical, moral or mental health or emotional development at risk. Courts may order the parent to avoid using or possessing illegal substances before and during parenting time.
The court may require the parent to complete a drug or alcohol treatment program. It may also require that another responsible adult be present during parenting time. In some cases, the court may mandate that anyone who enables the substance abuse of the parent not be present during parenting or deny the parent any parenting time or responsibilities.
Substance abuse that develops after a child custody agreement
If a parent develops a substance abuse problem that puts a child at risk after a custody agreement is in force, the other parent may petition the court to modify the custody agreement. Additionally, parents with restricted parenting time or responsibilities because of substance abuse may petition the court to lift the restrictions if they can demonstrate that their substance abuse is no longer a risk to the child's safety or health.
In cases where a parent has a substance abuse problem, the courts may restrict that person's parenting rights. However, there must be evidence that the substance abuse poses a threat to the child.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486862023-06-06T14:26:44Z2022-10-18T21:42:38ZAwarding custody in Illinois
Illinois courts strive to award custody in a manner that supports the best interest of the children involved. Judges consider the preferences of the parents and children as well as the family dynamics. In general, courts try to avoid splitting siblings and want to allow both parents to see their children. However, parents who commit violence or have substance abuse issues may receive less time with their children.
Modifications to child custody
You can change your child custody agreement in Illinois under a few circumstances. First, if you both and your former spouse agree on the terms, you can ask the court for a modification. Significant lifestyle changes, such as moving to a different state, can also lead to custody modifications. Additionally, a judge can change your custody situation if your child is in an unsafe environment. Finally, if a custodial parent dies or goes to jail, the courts usually award custody to the other parent.
You and your family can change over time, and your child custody order should reflect those changes. If the child custody agreement you received at the time of your divorce no longer serves the best interests of your children, yourself and your ex-spouse, you should consider pursuing modification.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486842023-06-06T14:27:31Z2022-10-17T13:36:42Z1. Marital property is subject to division
Under Illinois law, assets that either you or your spouse earned or obtained during your marriage are marital property and subject to division during your divorce. Marital assets can include financial property, such as accounts and investments, as well as physical property like real estate, furniture or vehicles.
2. Separate property remains separate
You or your spouse may have ownership of separate property that you have not mixed with shared assets. Property that you acquired before you married, personal inheritances and personal gifts are examples of assets that the court might not divide during your divorce.
3. “Equitable distribution” means the division may not be equal
Illinois is an equitable distribution state. Rather than split marital assets equally, the judge attempts to divide property according to what he or she thinks is fair. Factors the court considers include financial and non-financial contributions each of you made to the family, your individual earning abilities, your children’s care needs and the length of your marriage.
If you and your spouse agree on how to divide your marital property, you may be able to settle your divorce outside of court. However, if you believe your spouse is demanding too much or that he or she is hiding assets, you may need to litigate to protect your own financial future as well as your children’s.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486822023-06-06T14:28:10Z2022-10-03T19:33:00Zorganized before and during the process.
Speak calmly and thoughtfully
If it is possible, make sure to have several serious conversations with your partner throughout the divorce process. Keep your voice low and calm, even if the conversation is frustrating. You must figure out how you will move on after divorce, and if you can do so with your ex as a partner in the process, this will be easier.
Particularly if you and your ex have children, you will need to talk about how you will interact in the future. Sometimes, having post-marital counseling can help with this, and mediate important decisions like parenting time and visitation.
Good organization is key
Being organized will help your divorce proceed forward in a peaceful manner. No matter if you mediate your divorce or go to court, you will be making thousands of decisions about marital property and your finances. Gather your financial records, and make sure that you have a list of debts and assets. It will also help you to create a marital budget to make sure that you understand how your expenses will change after the divorce.
Divorce is difficult, but a peaceful divorce is easier. Working together with your ex can help streamline and smooth the process.]]>On Behalf of LeVine Ehrman Ltd.https://www.lehlaw.com/?p=486262023-06-06T14:29:01Z2022-09-19T19:29:58Zdelete your social media during a divorce.
The benefits of deleting social media
For many, the temptation to vent anger on social media during a divorce is strong. While it is wise to “unfriend” or “unfollow” your ex and people closely connected to him or her, this does not mean that your social media is safe. Once you post something, it is very possible for somebody to screenshot your post and send a copy of it to your ex.
Essentially, if you are posting nothing on social media, your ex will have nothing to retaliate against. It also will provide little ammunition if you are in a custody battle.
Unable to unplug
If you are not able or willing to delete your social media entirely, make sure not to post anything negative about the divorce or about your ex or your ex’s family members. Also ensure that you communicate this to your own family members so that they are not posting negative missives, either.
Social media is a powerful tool, but you can use it for ill as often as for good. If you are going through a divorce, the best advice is to get off your social media accounts, at least until the divorce is over.]]>