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November 2016 Archives

What happens if the parent paying child support is incarcerated?

Child support is a court-ordered responsibility. It is designed to provide for the care of your children. If your child’s other parent is ordered to pay by an Illinois court and then ends up being incarcerated, this responsibility does not change. Parents are expected to pay regardless of their personal situation if there is a child support order. Therefore, if your child’s other parent is detained, this will not affect your ability to get an order for support.  

Will I be ordered to pay alimony?

Illinois has a law that sets standards for alimony, making it much easier for your attorney to determine if you will have to pay alimony, and how much you may have to pay if you are ordered to do so. The Illinois Bar Association explains there is a formula that judges are encouraged to use to determine their rulings for spousal support.

How are stock options handled in a divorce?

Stock options are treated in the same way as any other asset in an Illinois divorce case. They will be divided up as the court decides. However, it can be easy to forget about this type of property or to overlook them. It is important to ask about whether your spouse has them and to do a check of investments for yourself, both because it is easy to overlook them and because they’re easy to hide. If you do not know about them, they will not be included in the division of your assets.

Does a father have parental rights to a child born from a rape?

If you live in Illinois, the answer to this question depends on your situation. First, it is important to understand what the state considers a rape offense. According to the Illinois Bar Association, these include, but are not limited to, the following: criminal aggravated sexual abuse, criminal sexual assault of a child, aggravated criminal sexual abuse, sexual relations with a family member, predatory criminal sexual assault of a child, criminal sexual abuse and criminal sexual assault. If the father is convicted of an offense that falls under that category, then he is automatically denied any parental rights to the child born from that act.