Michael L. Lodermeier, P.C.Honest. Aggressive. Intelligent.2024-03-21T17:43:14Zhttps://www.mllfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502347/2021/07/cropped-Favicon-32x32.jpgOn Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=468062024-03-21T17:43:14Z2024-03-21T17:43:14ZHow courts determine child custody in divorce cases
Courts prioritize the child's best interests when making custody arrangements. They consider various factors, such as:
Each parent's relationship with the child
A parent’s ability to provide a stable environment
The desires of each parent
The child's own preferences if the youth is old enough to express them
Any preexisting agreements between the parents
With this in mind, the court assigns legal and physical custody. Physical custody pertains to where the child will live. Legal custody deals with important decisions about the child’s upbringing.
Where possible, courts often award joint legal custody. This allows both parents to play a role in providing guidance and making key decisions for the child.
Child custody rules for unmarried parents
Like divorced couples, unmarried parents can negotiate custody agreements or seek court intervention to formalize arrangements. Generally, the mother has automatic custody rights as maternity is easy to determine.
Establishing legal paternity opens the door for the father to gain custody or parenting time. A man can do this by filing a paternity action. Then he may supply a Voluntary Acknowledgment of Paternity that both parents signed when the child was born. Otherwise, he can request a genetic test as proof.
Child custody without a court order
If the couple does not have a court order regarding child custody, the parents typically have equal rights to any children. This applies to parenting time and decisions about childrearing. However, such circumstances are usually not ideal. Confusion and potential conflicts can easily result.
Ideally, co-parents can create a formal agreement for a parenting plan that specifies each parent’s responsibilities and a custody schedule. If the couple cannot reach an agreement, one of them may file a petition for a judge to review the situation or work with a parenting coordinator. Mediation with a third party is another alternative parents can use.
Navigating child custody issues can be daunting. However, getting a better grasp of the law and available options can provide clarity on what steps to take to protect one’s rights as a parent.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=468052024-01-19T20:31:13Z2024-01-24T20:30:09ZEquitable distribution rule
Illinois follows the principle of equitable distribution, meaning that the law requires dividing marital assets fairly but not necessarily equally between spouses. Marital assets are those a couple acquired during the marriage. Since retirement savings accumulated during this time, they are subject to division.
Methods of division
One common approach to dividing retirement accounts is the tracing method. This involves identifying the portion of a retirement account that is marital property and subject to division. In other words, the law would require dividing contributions made to the account during the marriage. However, the law would exclude contributions made before or after the marriage.
In some cases, spouses may agree on how to divide retirement accounts through negotiations or mediation. This collaborative approach allows couples to have more control over the outcome.
Considerations
The court considers various factors when determining the division of retirement accounts. The court may look at the length of the marriage. It often will consider each spouse's financial contribution and their overall financial situations. This ensures a fair and reasonable distribution that considers the unique circumstances of each divorce case.
Navigating the division of retirement accounts in an Illinois divorce involves understanding the main concepts involved. By being aware of these aspects, divorcing couples can ensure a smoother division while safeguarding their financial well-being.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=468042023-11-29T16:45:30Z2023-11-29T16:45:30ZReasons for disputing paternity
In some cases, a husband may deny paternity to avoid financial obligations. While financial concerns are common, there may be other reasons for denying paternity.
Some husbands may question the fidelity of the relationship or harbor personal doubts. In some cases, mothers may claim a husband is not the biological father for various reasons. This could include situations where there are doubts about the husband's fidelity or instances of reproductive technologies, such as artificial insemination with a donor.
Paternity tests
When paternity becomes a point of contention, either spouse or the court can request paternity tests. These tests, which scientifically determine biological parentage, offer a clear resolution.
According to the National Library of Medicine, labs process around 300,000 paternity tests in the U.S. Other sources suggest that number is closer to 500,000.
Paternity testing is a practical step to establish or refute paternity and provide certainty in the child's lineage. Respecting the test results can lead to more informed decisions for both parents moving forward.
Potential harm to children
Denying paternity can have emotional consequences for children. It may create confusion and impact their sense of identity. Both spouses should be mindful of the potential harm to the child's well-being and work towards resolving paternity disputes in a way that minimizes the impact on the child.
Possible resolutions
Highlighting the child's needs and discussing how financial contributions contribute to their upbringing can foster a sense of responsibility. Open communication can help address these concerns and, if necessary, involve professionals like counselors or mediators to oversee discussions.
Despite paternity disputes, fostering a cooperative co-parenting relationship is crucial. Emphasize the child's best interests and work towards shared responsibilities. Collaborative parenting can create a more stable environment for the child, even in the face of paternity challenges.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=468022023-09-26T18:55:37Z2023-09-26T18:55:37ZFacilitating communication
During heated moments, emotions can cloud judgment, making it tough to have productive conversations about important matters like property, children and finances. A third-party neutral helps create a balanced space where you and your former partner can express your concerns and needs.
By encouraging respectful dialogue and ensuring both parties have an equal say, the mediator helps you find common ground. Open communication can set the stage for agreements that work for both of you. This can also prevent issues from turning into taxing legal battles.
Protracted fights over assets and custody issues can be expensive and time-consuming. Studies show that it takes around one year to go through an average divorce. However, alternative dispute resolution methods like mediation can speed up the process and save money. A third-party neutral can help you reach an agreement in months or even weeks.
Creating fair agreements
One of the main goals of divorce mediation is to create fair agreements that cover all aspects of the separation. Third-party neutrals have valuable knowledge about the legal consequences of different decisions. They can inform you about your rights and responsibilities, helping you make informed choices that fit your situation.
Once you can agree on certain terms, the mediator helps you create a comprehensive divorce agreement. Agreements can include everything from property and debt division to support and parenting plans. Making such arrangements ensures that both parties are on the same page and reduces the chances of future disagreements.
A third-party neutral can help you and your former spouse find solutions together and reach a mutually beneficial divorce settlement.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467622023-07-22T20:52:18Z2023-07-24T20:51:16ZFinding common ground
Mediation can be a less adversarial process than litigating a divorce in court. By entering mediation, divorcing people can discuss issues and work towards mutually beneficial solutions. The cooperative nature of mediation can help preserve amiable relationships after divorcing, which is especially useful for couples with children who intend to share co-parenting rights and responsibilities.
Retaining control over outcomes
When a divorcing couple undergoes mediation, they tend to have more control over the final outcome and settlement. Mediation offers a path for both parties to share their priorities, address conflicts and develop collaborative solutions. This can be advantageous when separating assets and making custody arrangements. Furthermore, mediation can empower divorcing people by actively involving them in creating a divorce agreement.
Affordability and efficiency
Divorce can be a major expense and a time-consuming process, especially in cases that involve litigation. Fortunately, mediation can streamline the divorce process and lead to cost savings for both parties. People who are divorcing can minimize the need for court appearances and work on developing a divorce agreement on their own timeline. Furthermore, by choosing mediation, divorcing couples can find resolutions that reduce taxes, legal fees and associated costs.
Mediation enables divorcing people to save time and money, avoid unnecessary animosity and locate solutions that are agreeable to all parties impacted by the divorce.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467592023-05-23T02:47:57Z2023-05-23T02:47:57ZConditions for a custody order modification
Under Illinois law, there is a possibility for custody order modification if there is a significant change in circumstances. This could include changes in the child's needs, relocation of a parent or changes in a parent's ability to care for the child. It is crucial to remember that the court will always prioritize what they consider to be in the best interests of the child.
Requesting a change to the custody order
To request a change, a parent must file a motion for modification with the court that issued the initial custody order. The motion should detail the significant change in circumstances and explain why the requested modification is in the child's best interest. After filing the motion, the court will schedule a hearing to review the case.
The court hearing
During the hearing, the parent requesting the change will present evidence to support their claim of a significant change in circumstances. This could include testimony from individuals familiar with the child's situation, such as teachers, doctors or family members. If the court agrees that a significant change has occurred and that the modification is in the best interest of the child, they may approve the requested change.
Significant changes in circumstances must exist, and the modification must serve the best interests of the child. Parents considering this step should prepare to provide substantial evidence to support their request in a court hearing.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467452023-03-25T02:26:23Z2023-03-25T02:26:23Zequitable property division in high-asset divorces.
Non-marital property
The property you acquired before you got married is typically considered non-marital property. If you started a bank or retirement account before you got married and did not contribute to it during your marriage, it is non-marital property. Real estate and vehicles you owned prior to your marriage typically remain yours. Your pre-marital debt is typically your responsibility.
Marital property
Marital property includes everything you and your spouse purchased during the marriage, including real estate, artwork and vehicles in addition to bank and retirement account contributions that occurred during the marriage.
Factors in property division
The division of your marital property will depend on several factors, including the length of your marriage, the value of your assets and how much you and your spouse contributed to your joint assets. For example, you may receive the house if you were the primary breadwinner and paid for it.
The courts will consider the income, earnings potential and financial standing of you and your former spouse. Judges evaluate the health, occupation, skills and employability of parties as well. However, property maintenance, custody of minor children, payments from prior marriages, taxes and earning potential may impact distribution changes.
The courts will split both your marital assets and debts based on their values and these factors as well as any prenuptial and postnuptial agreements. Prepare to negotiate for the assets you value most, especially your retirement accounts.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467442023-01-24T18:50:50Z2023-01-24T18:50:50ZHow do you value a business for a divorce?
In Illinois, there are three common approaches to valuing a business for a divorce:
Add up the value of assets owned by the business and subtract outstanding debts.
Look up recent sale values for comparable businesses in your area.
Evaluate the business's financial statements, estimate future earnings, and reduce them based on potential risks for the industry.
Businesses based on the owner's skills are typically not subject to division. For example, medical practices and skilled trades, such as carpentry or stone masonry, are not transferrable.
When is a business separate property?
Separate, or non-marital, property remains with the spouse who took ownership of it before the marriage. For example, if one spouse purchased the building for the business prior to marriage, they would likely retain that property.
When is a business marital property?
Starting a business before marriage does not constitute labeling it separate property. For example, an increase in the business building's value after marriage would be marital property. Any business interests or assets acquired during the marriage are marital property as well. The court also considers any personal effort from a spouse to the business after marriage.
As with all divorces in an equitable distribution state, the court will consider pre-nuptial agreements first and uphold those terms as long as they do not violate any laws.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467422022-11-22T01:43:39Z2022-11-22T01:43:39ZQuestions to consider about your finances
Start by discussing your finances. Consider these important questions:
Can you afford to make equal contributions to college financing?
Can you draw from other resources, such as student loans or scholarships?
Should you set a cap for college expenses, such as only covering the cost of in-state tuition at a state school?
Consider all the potential expenses, including tuition, room and board, supplies, books, allowance and transportation.
Things to address in writing
Draft an agreement if you prefer to have everything in writing. It should address your financial plan. For example, you can agree to split costs equally or proportionally to your separate incomes. You may way to include any consensus on the level of commitment. You can even dedicate an asset to the college fund to offset some of the expenses or establish a savings account to which you can both make contributions.
Professionals who can help
If you prefer to be more thorough in your approach, consider hiring professionals who can provide the tools to create a solid plan for college expenses. For example, a financial planner can advise you on ways to save. A college advisor can help you find schools that fit everyone's needs.
Remember, plans can change. Your child may decide that college is not the path they prefer.]]>On Behalf of Michael L. Lodermeier, P.C.https://www.mllfamilylaw.com/?p=467402022-09-23T21:55:41Z2022-09-23T21:55:41ZWhat factors determine spousal support eligibility?
The purpose of spousal support is to assist those with less income work towards financial independence after divorce. However, each person's ability to become independent depends on the following factors:
Health
Education
Work experience
Assets available to both parties
Length of the marriage
Courts often consider multiple factors when one spouse earned most of the income during the marriage.
How long does spousal support last?
Spousal support may or may not be a permanent option. After analyzing the different qualification factors, the courts determine how long a person may need support. Usually, the length of the marriage and each person's current income have the most influence on how long one party receives financial support.
Are there situations that change the amount of spousal support?
There are occasions when spousal support requires adjustment. Changes in the following situations may warrant an increase or decrease in the support payments:
The death of one spouse
An increase or decrease in either party's income
The remarriage or cohabitation of the receiving party
Changes in support payments do not occur automatically. One spouse must file for an amendment with the courts.
Spousal support can be vital after divorce. Understanding what to expect may encourage both parties to plan for ways to be financially independent.]]>