The Law Office of Dawn R. UnderhillThe Law Office of Dawn R. Underhill
Toll Free 877-LAW-DAWN
Joliet 815-290-0392

Joliet IL Divorce Law Blog

Illinois parents must remember the child in child custody

Divorce, no matter when it occurs in life, can be a very difficult process for everyone involved. An Illinois resident will suddenly be confronted with a plethora of new tasks, including changing their health benefits, creating new bank accounts and finding a new place to live. However, when kids are involved in the process and child custody must be determined, the process can be even more trying.

One of the most difficult aspects of handling a divorce can be the act of telling the kids. Their parents are likely the two most important people in their young lives. The fact that these two people will no longer be together can possibly be one of the most difficult conversations the children will ever have, and it is also one of the most demanding in regards to their emotions.

A high net worth divorce may involve a 403(b) plan's division

Retirement plans for education, government and non-profit employees often include 403(b) plans. Similar to a 401(k), this is considered a tax-sheltered annuity plan. During a high net worth divorce in Illinois, investment accounts, such as 403(b) plans, are especially critical due to their potential worth. Both parties have certain legal rights when a plan is divided, as it is generally considered to be marital property.

When approaching the division of a 403(b) plan, the respective parties must be prepared for the fact that the process usually is not as simple as the division of other property, such as a house. Assets, such as houses, can simply be sold or transferred to the other party. However, a 403(b) plan generally requires a qualified domestic relations order, which is overseen by both the plan's administrator, as well as the divorce court judge. The order has the information that is required to facilitate the transfer of the plan's funds from the original holder's account. 

New Illinois law might help domestic battery victims

Thanks to a new proposed Illinois law, domestic battery victims could be given a bit of financial breathing room in regard to their utilities. The law, which was backed by state Senator Steve Stadelman, would grant domestic battery victims an additional 60-day payment extension in paying their utility deposits. The proposed law would give the victims extra time to pay the first deposit for electricity, natural gas and water.

Illinois lawmakers hope that the measure could help remove some of the financial difficulty that often keeps domestic battery victims living with someone who is abusing them. In theory, in granting this extension, it would help the victim to move to a safer place more quickly than they would be able to otherwise. Often, victims choose to stay in dangerous situations, as they may not have the financial ability to leave.

Amiable attitude could help in Illinois high asset divorce

Going through divorce is a very personal experience. The process can be emotional for Illinois residents, and many parties may wish to focus on what they wish to achieve during the proceedings. It is also prudent to consider the approach to the situation. Constant disagreements and fights could cause a divorce to drag on, but keeping a level head and understanding perspective can be helpful, even in a high asset divorce.

Being amiable about the situation could go a long way. When individuals have substantial wealth to divide and assets to assess, the process can take some extra time. If parties are constantly disagreeing over how certain issues should be handled or simply stalling to make the situation more difficult on the other party, the process could be negatively impacted for all individuals involved.

Illinois parents may need assistance gaining child support

Many Illinois parents may face the struggle of needing child support. There are numerous instances in which a parent required to make child support payments does not make those payments, and a custodial parent is left trying to make ends meet on his or her own. However, a parent may be able to take certain actions in an attempt to receive the support payments he or she is owed.

Wage garnishment is often a tactic used when a parent does not pay child support. However, other sources of income may also be able to be garnished in order for a parent who is owed support to get that money. Social Security can, in some cases, be accessed in order to take care of back child support.

Keeping secrets could impact Illinois child custody

For many Illinois parents, child custody proceedings do not have to be an angry battle. Parents who are able to get along amiably may simply wish to have a co-parenting child custody agreement. However, even an amicable arrangement can have its issues, and if one or both parents do not communicate openly or try to use children against another parent, an agreement may need to be revisited and the best interests of the children reassessed.

Occasionally, parents may ask children to keep secrets for them. However, these secrets could prove detrimental if a divorced parent is asking children to keep something from the other parent. Secrets could cause children to feel anxious about what they should -- or should not -- tell one parent or the other, and such feelings could damage the relationship between children and parents.

Illinois billionaire faces issues during high net worth divorce

Many individuals hope that throughout their lives they will be able to make something. Some parties may wish to make a family, and others may desire to make a considerable income. Some individuals are able to make both of these desires come true, but there is potential that one or both could not work out. Consequentially, high net worth divorce could be an outcome.

Such a divorce is currently underway in Illinois concerning billionaire Ken Griffin. Griffin is the CEO of Citadel, a financial institution, and he and his wife are currently facing issues during their separation proceedings. Griffin's spouse wants to have the prenuptial agreement that they established thrown out as she feels she was forced into signing the agreement.

Safety and happiness could play role in Illinois child custody

Many Illinois residents have been affected by divorce in one way or another. Whether their own parents are divorced, they have friends who are divorced or are divorced themselves, separation is not as uncommon as it once was. Though it is more common, children who have parents going through divorce can still be greatly affected, especially by child custody proceedings.

If parents are attempting to work through custody issues, it is important that they are aware of how their children are handling the situation. Therefore, parents may need to communicate more often with their children and assess their emotional states. It may also be important to work with the children individually to help them understand the situation in their own time and in their own way.

Illinois parents may want to gain agreeable child custody terms

The relationships that children have with their parents can play a formative role in how the children grow as individuals. These relationships can at times become strained, especially if child custody becomes an issue. The terms that these agreements detail may result in Illinois parents spending less time with their children and being uncertain as to how their presence or lack thereof may affect the kids.

When parents no longer see their children on a daily basis because of custody agreements, it is important that parents continue to provide some stability. This stability may come from parents following through with promises that they make, such as being on time to pick children up for visitation or coming to school events. It is also important that parents let children know that they are emotionally available.

Complex property issues may worry Illinois couples

When Illinois couples get married, they may consider the aspects of their lives that they will soon be sharing. Some parties may consider sharing on an emotional level and think about needing to be open about their thoughts and feelings. They may be able to put that practice into action by discussing a prenuptial agreement regarding property they may also share, especially for complex property issues.

Some marriages may not always be equal in terms of the assets that are being brought to the union. One party may have considerably more wealth than the other, and that individual may wish to protect that wealth in the event of a divorce. Therefore, creating a prenuptial agreement may be a wise step to take before saying "I do."