Bolingbrook, Illinois Divorce Attorneys
Lawyers for Child Support, Custody, and Visitation Matters in Will Counties
Anyone considering a divorce knows that it is likely to be a complicated road ahead for them. However, when a marriage is not working well for either spouse, it may be better for the parties to seek a divorce. It is important that anyone who plans to get a divorce seek representation from an experienced divorce attorney. New laws will take effect on January 1, 2016. Parties who will be filing a divorce in 2016 and those with a divorce pending will be affected.
Reyna Law Office, P.C. understands the importance of obtaining a favorable outcome in a divorce case, and she helps each divorce client pursue the best resolution possible for his or her case. Attorney Mary Helen Reyna provides comprehensive help with family law matters.
Contested and Uncontested Divorce
Uncontested divorce cases often take much less time than contested divorces, and they are more easily settled without the need for a trial, even when there are children involved.
When a divorce client works with an attorney, the attorney assumes the role of communicating with their soon-to-be former spouse, or his or her attorney, if they have one. This often leads to negotiation of agreements on the issues that are present in the divorce case, such as property distribution and child custody. If a person is able to reach agreements with their soon-to-be former spouse on all applicable issues, the agreements may be presented to the court for its consideration and approval. If no agreement is reached, the case goes to trial.
It is important that attorneys keep up with changes in the law. Family law changed dramatically in 2016. Gone are the days of "custody," and instead, parents will be allocated parental responsibilities. Rather than fighting for custody where one parent gets to make major decisions for the children, parents will now be able to have more responsibilities in four categories: medical, education, religion, and extracurricular activities. Visitation will also be changed to "parenting time." Some of the new changes may have different effects on immigrant clients. At Reyna Law Office, P.C., we review each client's case individually to determine how these changes will affect our clients.
When a couple divorces and children are involved, it is important that their best interests are considered. Child support payments are used to cover child-related expenses related to education, daycare, and other costs, but also cover basic needs like food, clothing, and shelter.
Illinois law regarding child support has also seen recent changes. On July 1, 2017, a revision to the law went into effect redefining how child support payments are calculated. Rather than calculating child support using a standard percentage of the non-custodial parent's income, courts will now determine a basic support obligation based on both parents' combined income, and this obligation will be divided between the parents according to each parent's individual percentage share of the combined income. Courts will also consider parents' amount of parenting time and parental responsibility, and in some cases, additional calculations may be required to further divide the support obligation according to the percentage of overnight stays each parent has with their children each year.
The court enters Uniform Order for Support once the amount of child support is determined. This financial support provides the child a similar standard of living as they had before the divorce.
Allocated Parental Responsibility
Illinois' family law courts use a number of factors when determining custody, including:
- Agreement between the parties;
- Children's wishes;
- Physical and mental health of the parents;
- Stability of the children's changed living situation;
- Ability of the parties to to co-parent; and
- What, if any, family violence was involved in the dissolution of the marriage.
Judges in Illinois advocate for parenting time which is fair and equitable for each of the parents. That is not to say the time will be completely equal, but the parenting plan must be straightforward, enforceable, and workable for the family. It is important to have an experienced attorney on your side to guide you through the challenges you face in divorce.
Serving Family Law Clients in Northern Illinois
Every divorce is different, and our goal is to help each divorce client obtain an outcome that will give them more of what they want out of their divorce. Whether a client has children or not, and whether they have a contested or uncontested divorce, Reyna Law Office, P.C. can help. Contact us at 630-759-0101. Reyna Law Office, P.C. serves clientele in Will and DuPage Counties.