Divorce is stressful, even for the most steadfast of people. When there are children involved in a divorce, things become more complicated. Children tend to process divorce differently than adults because they are still developing mentally and emotionally. If a divorce is not handled properly, children can experience lasting effects, such as depression and low self-esteem. 

Illinois courts take a very child-centered approach to divorce proceedings. They put the children’s best interests first when making child-related decisions. But what actually are the child’s best interests?

Divorcing when you and your spouse have children can be much more difficult than if you did not have children. In addition to worrying about your own feelings about the divorce and your well-being, you also have to worry about how the divorce will affect your children. In addition, there are a few more issues you will have to tackle before you can finalize your divorce, such as your children’s living arrangements, your parenting time schedules, and child support. In Illinois, courts can order one or both parents to provide financial support for a child until the child reaches the age of 18 or they graduate high school, whichever comes later. There is quite a bit that goes into the calculation of child support, so it is important to understand how these obligations are determined.

Determining the Basic Child Support Obligation

The state of Illinois calculates child support using an “income shares” model. This means that the amount of support each parent owes the child is based on his or her income and the percentage of the total household income he or she provides. First, a Gross to Net Income Conversion Table provided by the Illinois Department of Healthcare and Family services is used to determine each spouse’s net income. Next, those values will be added together to find the combined net monthly household income.

An Income Shares Schedule will then be used to determine the basic support obligation amount based on the parents’ combined net income and the number of children. The amount of this obligation will be split between the two parents, depending on each parent’s contribution to the monthly household income. Typically, the non-custodial parent will pay their portion of the obligation to the custodial parent, and it will be presumed that the custodial parent will be directly using their portion of the obligation to provide for their children’s needs.

In the Chicago area, the cost of divorce can run from about $3,500, if there are no children and no disagreements over assets, debts, and money, to over $30,000 if there are these and other types of conflicts. The more you fight, the more you go to court, the higher the cost.

At the Divorce and Family Law Offices of Wakenight & Associates, P.C., we know divorce and family law inside and out. Every single day, our attorneys work with and help clients such as yourself. In every case, we aim high, and our first and primary objective is to attempt to reach an agreement on every issue.

Getting a divorce is a major change in your life. When you are married, almost every aspect of your life -- bank accounts, credit cards, living arrangements, mortgages, and even personal belongings -- becomes intertwined with your spouse’s. Though this can make life simple during your marriage, it can end up making things difficult when you decide to get a divorce. 

Factors for Consideration During Asset Division

Before the judge will begin dividing marital property, he or she will first make determinations about what is and is not subject to division. Only marital property is subject to division in Illinois divorces. Marital property includes any assets or debts that were acquired after a couple was married. When dividing marital property, the judge will consider the following factors:

• Each spouse’s contribution to the acquisition and/or increase/decrease in value of marital property
• Whether either party dissipated marital assets
• Whether or not either spouse contributed to the household as a homemaker
• The value of the assets assigned to each spouse
• How long the marriage lasted
• The economic circumstances of each spouse
• Any obligations that either spouse has from a prior marriage
• Any valid prenuptial or postnuptial agreements in place
• The age, health, occupation, sources of income, employability, vocational skills, and needs of each spouse
• The parenting arrangements for the couple’s children, if applicable
• The opportunity for each spouse to acquire future assets or income
• The tax consequences of the asset division for each spouse

Get in Touch With a Will County Asset Division Attorney

In your divorce case, the judge must resolve all the issues in your case for the case to be resolved. Dividing up your assets and debts is just one of many issues you must handle. At Wakenight & Associates, P.C., we can help you come up with a property division agreement that you and your spouse both agree on. Our skilled New Lenox, IL property division lawyers will advocate for your best interests in all matters during your divorce. Call our office today at 815-727-6144 to schedule a free consultation.

Some of the most highly contested issues in Illinois divorce cases are those involving children. Both parents are entitled to certain rights when it comes to their children, and this includes both mothers and fathers. Most child-centered issues resulting from a divorce must be accounted for in a parenting plan. 

A parenting plan is a document that outlines and allocates both significant decision-making responsibilities and decision-making responsibilities. A parenting plan can come in handy when issues arise after the divorce is finalized. As part of a divorce decree, this document is enforceable by the court, and parents are required to follow the plan unless it is modified at a later date.

Elements of a Parenting Plan

During a divorce case, Illinois courts require that both parents submit a parenting plan to the court, either separately or jointly. If you and your spouse are unable to come to an agreement on your own, the court will likely order you to attend mediation to help you formulate a parenting plan. If that still does not work, parenting time and decision-making responsibilities will be allocated based on what the judge determines to be in children’s best interests.