I Don’t Like My Case Outcome: Now What?

Like any case in court, a divorce can be risky. If you don’t settle – meaning you don’t come to an agreement with the other side about issues in the case before trial – you’re leaving it entirely to the judge to decide your fate. And, while a pre-trial conference can give your DuPage County divorce attorney insight as to what a judge will decide on your case, you will never know what can or will happen at trial.

Luckily, you have options following the close of your case to appeal or otherwise try and change a judge’s ruling on certain issues in your case. Unfortunately, not all decisions can be challenged or changed. However, you can file an appeal or a petition to reconsider on a handful of topics.

In this article, we discuss both appeals and other options in greater detail so you know your options following the end of your divorce.

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What Terminates Spousal Support in Illinois?

In almost any divorce, spousal support isn’t designed to last forever. In fact, it’s designed to provide temporary relief to an individual who needs it after a divorce. The key word here is temporary.

Maintenance in Illinois is calculated according to a statutory formula. The formula directs attorneys to take 30 percent of the paying spouse’s gross income and subtract 20 percent of the receiving spouse’s gross income. This total is the amount the paying spouse must provide yearly.

But, what puts an end to maintenance?

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New Income Shares Model Changes Child Support Calculations in Illinois

July 1 is quickly approaching and when it hits, child support calculations in Illinois will be based on an income shares model rather than the current, net income model. There are multiple reasons for this switch, all of which are beneficial not only for both parents, but children as well.

In this article, we’ll discuss how the current child support calculations work, what income shares are, how income share calculations work, and what you need to know about this new law if you’re planning on getting divorced.

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The Dangers of Dissipation and Divorce

Divorce involves the division of joint accounts, joint property, and other assets. This process almost always involves one spouse believing they’re entitled to more than they’re going to receive as part of their final judgment. This often opens the door to something called dissipation.

In this article, we’ll discuss what dissipation is, why you may need to continue sharing resources during the divorce, and how to protect yourself from dissipation during your own divorce.

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Who Pays for What After Divorce?

The final judgment from your divorce – specifically the marital settlement agreement – will govern how property, including debts, are divided after the marriage is over. This means that when you walk out of your prove up, which is the final court date on which you’ll actually “get divorced” from your spouse, you’ll know what you have to pay of the debts.

This begs the question: How is it decided what each spouse is supposed to pay? Below, we discuss this in more detail and what happens if one spouse doesn’t pay the debts he or she was ordered to pay.

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Summer Schedule Concerns After Divorce

Creating a parenting schedule can be difficult enough when your kids are in school. However, once summer vacation hits, it can be even more complicated, especially for parents who have recently divorced. Many parents are concerned over summer vacation for good reason: With the kids no longer in school, it’s difficult for parents to manage time, run errands, and otherwise meet the needs of shuffling the kids around from sport to sport or event to event.

But, does it have to be?

In this article, we address some of the most common summer scheduling concerns and what you can do to lessen their ill effects on your already hectic lifestyle.

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Annulment vs. Divorce in Illinois: What You Need to Know

Regardless of why you choose to end your marriage, there are several ways how to do so. Annulment and divorce are two separate options to do so legally, however both function in different ways.

In this article, we’ll explore the various similarities, and differences, between both an annulment and divorce and other legal options you have at the time of separation.

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5 Common Questions About Child Support in IL

If you’re getting divorced and have children, you may receive or have to pay child support. But, what does child support pay for and how does child support work in Illinois?

It can feel overwhelming to navigate the complexities of child support by yourself. By taking the time to understand the basic concepts underlying child support, you can have a better grasp on the topic, which is crucial to feeling comfortable and confident moving forward in your case and after your case is settled.

Below are the 5 most common questions we receive at Lawrence R. Surinak Ltd. about child support. These questions will help lay a foundation for your understanding and demystify some of the intricacies of child support in Illinois.

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Does IL Require Retroactive Child Support?

Let’s start with a hypothetical situation. Assume John and Jane are married and John moves out of the house before Jane files for divorce. Months pass and John does not contribute any money to the care of the children. When Jane files for divorce, what happens to all of the months John did not pay?

In all likelihood, John will have to pay Jane retroactive child support.

In this article, we’ll discuss:

  • What retroactive child support is;
  • When it is required; and
  • How it is calculated

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How to Work Out a Parenting Schedule

Children’s issues are front and center in any divorce. In fact, you’ll have a parenting schedule and child support in place well before your final court date. But, how does a couple decide how to share time with the children?

In most cases, it’s a collaborative effort. While there is no longer custody in Illinois, the children are likely to live with one parent – often referred to as the residential parent – and enjoy visitation with the other parent. As such, it’s important to coordinate a schedule with your soon-to-be former spouse to ensure your children have a schedule and stability.

But, how is it done?

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