Posted on December 22,2021 in Paternity

Most people are unaware of Illinois paternity laws until they have a child. While mothers typically establish parentage by giving birth, fathers are treated differently under the law. A mother or father who wishes to establish paternity of their child may need to take certain actions to do so. Unfortunately, paternity issues can be complicated both legally and personally. A family law attorney can help.

Paternity Is Not Assumed if Parents are Unmarried

In Illinois, the law presumes a mother’s husband to be the father of her baby. However, if the parents are not married at the time of the child’s birth or if there is uncertainty about who the father is, paternity will need to be formally established.

There Are Several Ways to Establish Paternity

The easiest way to establish paternity is a Voluntary Acknowledgement of Paternity. Parents can sign this form if they are both certain who the father is. However, sometimes, paternity must be established by an administrative order or through the family court system.

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 Posted on December 14,2021 in Child Support

For unmarried and divorced parents, child support is a vital source of financial assistance. Illinois child support usually ends when the child becomes an adult and finishes high school or college. At this point, the child is considered old enough to provide for his or her own financial needs. However, some children require financial assistance beyond childhood. If your child has a disability, you may be able to get child support even after he or she is an adult.

Child Support for Children With Disabilities

If your child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. This can place a major financial burden on the child and the child’s parent. Fortunately, parents of disabled children may be able to extend child support past the typical cut-off point. This can help the parents cover child-related costs such as housing, in-home care, medical costs, and more.

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 Posted on December 03,2021 in Illinois Divorce

For art lovers, the pieces they have accumulated throughout the years are more than just property. They are valuable investments with great financial and personal value. Unfortunately, owning expensive artwork or other collectibles can complicate a divorce case significantly. The true financial value of a painting or sculpture is not easily ascertained, and spouses may disagree about the value of art. Spouses may also disagree about who should keep artwork, antiques, or collections. In some cases, art and collectibles are even used as vehicles for financial fraud in a divorce case.

Valuing Property During Property Distribution

Illinois couples may be able to reach their own property division arrangement without the court’s involvement. They may be able to negotiate a mutually-satisfactory agreement through their attorneys or during the divorce mediation process. However, before they can determine a fair division of property, they must determine the property’s value. This often requires input from a professional appraiser. If the couple cannot reach a property division settlement, the court will need to know the precise value of the assets to determine an equitable division of property. Consequently, having the artwork professionally valued is often the first step toward addressing art during divorce.

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 Posted on November 30,2021 in Illinois Divorce

If you are getting divorced, you may be well aware of the financial consequences of ending a marriage. You may have already started gathering financial documents and creating a budget for your post-divorce life. Financial concerns are a major part of the divorce process. Not only do spouses have to divide marital property and address issues like child support and spousal support, they must also deal with the tax implications of these matters. The decisions you make during your divorce can impact your finances for years after the split. This is why it is important to research your options and work with an experienced divorce attorney.

Handling Tax Returns in the Middle of a Divorce

Filing taxes is already stressful. Filing taxes in the middle of a divorce is even more confusing and overwhelming. If you are getting divorced, you may wonder if you can still file jointly. According to federal law, you may file a joint tax return if:

• You were still technically married as of December 31 and

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 Posted on November 23,2021 in Illinois Divorce

For many Americans, winter is synonymous with the holiday season. Whether you celebrate Thanksgiving, Christmas, Hanukkah, Kwanzaa, or take part in other cultural celebrations, divorcing during this special time of year is especially challenging. Consider the following tips for coping with divorce from mental health professionals.

Make Concrete Plans Regarding Your Shared Children

Separating from your spouse during the holidays is hard enough. Adding children into the situation makes it even harder. If you share children with your soon-to-be-ex, make solid plans for the holiday season. Include detailed information about which parent will have custody of the children and how the children will be transported between houses. Put these plans in writing.

Prioritize Peace of Mind Over Gifts

For many, buying gifts for others is even more enjoyable than receiving gifts. If you are someone who takes pride in finding the perfect gifts for your loved ones, you may feel pressure to maintain this high standard this holiday season. However, it is important to priories your own health and wellbeing. Do not go overboard buying gifts when you should be taking care of your own needs.

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 Posted on November 16,2021 in Illinois Divorce

When a couple gets married, few describe the union in terms of the marriage’s legal significance. However, it is important to remember that marriage is a legal relationship between two people. Undoing that legal partnership through a divorce can take a significant amount of time and money. However, the cost of divorce ranges dramatically from case to case. If you are thinking about divorce, consider the following factors to estimate how much the divorce will cost.

Estimating the Financial Cost of Your Divorce

When it comes to divorce, it is nearly impossible to predict the exact cost ahead of time. Multiple factors influence the total cost, including the complexity of the couple’s financial situation and what issues the spouses disagree on.

According to Business Insider, the average cost of divorce in the United States is approximately $15,000. However, some divorces cost much less, and others cost much more. If a couple owns few assets, has no children, and agrees on the relevant divorce issues, they may be able to get divorced for as little as a couple of hundred dollars. Divorce cases that go to trial can result in overall costs of $50,000 or more.

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 Posted on November 09,2021 in Illinois Divorce

Originally posted: April 10, 2019 -- Updated: 11-9-2021

UPDATE: Illinois law has allowed prenuptial agreements and postnuptial agreements for decades. However, for many years, people misunderstood these important legal protections. In 2021, prenuptial agreements are more popular than ever - especially among the younger generation

Prenuptial agreements can protect an individual’s assets and shield them from their partner’s debts. Prenuptial agreements or “prenups” are especially beneficial for business owners, older couples, and individuals with high-value assets. However, prenuptial agreements must be properly executed to be legally enforceable.

If you are interested in learning more about how a prenuptial agreement or postnuptial agreement can benefit you and your partner, contact Weiler & Associates, Inc. 

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 Posted on October 26,2021 in Illinois Divorce

Millions of parents make the selfless decision to sacrifice a career for the benefit of their children. If you are a parent who has not worked outside of the home in several years or longer, you may be worried about how you will make ends meet if you get divorced. Sadly, many spouses stay in unhappy marriages because they are worried that they cannot manage without their spouse’s income. Fortunately, divorcing spouses in Illinois have several options for seeking financial assistance - both during and after the divorce.

Child Support and Spousal Maintenance

In Illinois, parents with the majority of the parenting time are typically entitled to child support. Illinois courts use the Income Shares model for child support to calculate the amount of child support a parent receives. Both parents’ net income is used to determine child support payments.

Spousal maintenance is awarded less frequently than child support, however, it is possible to get spousal maintenance in an Illinois divorce. If you do not have any marital agreements, such as a prenuptial agreement dictating spousal maintenance, you can petition the court for maintenance. The court will evaluate factors like the duration of the marriage, the standard of living during the marriage, financial resources and needs of each party, and employability of each party when determining maintenance.

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 Posted on October 20,2021 in Illinois Divorce

During an Illinois divorce, you and your soon-to-be-ex will need to address several important issues, including but not limited to the division of complex assets such as business interests and retirement accounts. You may also need to address complicated child-related concerns like child custody and child support. Reaching an agreement about these issues becomes much harder and more complicated when a spouse is not forthcoming about information. The discovery process is the fact-gathering portion of a divorce case. If you are engaged in a high-conflict divorce or a divorce involving complex assets, the discovery process may be quite involved. Consider the following tips for preparing for divorce discovery.

Gather Financial Records and Other Important Evidence

During discovery, your attorney may use several different methods of gathering information from your spouse. Of course, your spouse’s attorney will do the same thing. Gathering financial records like tax returns, pay stubs, mortgage documents, and loan applications ahead of time can make the process go more smoothly. Your attorney will help you understand what you will be asked to provide during discovery. Keep copies of text messages, emails, voicemails, and other communications with your spouse, as these may be important as well.

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 Posted on October 15,2021 in Child Support

A university education can set up a young person for long-term career success. Unfortunately, college is also increasingly expensive. The average cost of just one year of college education in the U.S. is over $35,000. Out-of-state colleges and private colleges can be even more expensive. If you are a divorced parent or you are considering divorce in the near future, you may wonder how these costs are addressed. Is college included in child support payments? Are divorced parents required to split the cost of a university education? Read on to learn more.

Educational Expenses for a Non-Minor Child

When parents are unmarried or divorced, one parent may be required to pay child support to the other. These payments help the parent with the majority of the parenting time cover housing, education costs, childcare, and other child-related expenses. A parent’s child support obligation typically terminates once the child grows into an adult. However, it is possible for child support to extend past the child’s 18th birthday. In an Illinois divorce, parents have the opportunity to petition the court for non-minor child support to cover college expenses like tuition and housing.

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