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Belleville and Edwardsville Divorce Law Blog

How to handle sharing a child with a toxic parent

44124375_S.jpgThere are many reasons why an Illinois parent might consider a former spouse to be toxic. Previous instances of abuse or neglecting the children may make it easy to label someone toxic. However, this label may also be applied by someone who is upset or scared about the prospect of getting a divorce. In the event that a former spouse or partner truly was toxic, there are specific steps to take to make co-parenting easier.

First, it is important for a parent to remember that the needs of the child are more important than the feelings of the adults. This may make it easier to overlook the other parent's behavior and work toward helping the child. It may also be a good idea to take stock of what may trigger an unwanted response from an ex and avoid these behaviors as much as possible.

Military divorce issues

44838961_S.jpgDivorce is often an emotional time for Illinois couples. Whether a case is legally challenging depends on a number of factors, including whether one or both spouses are serving in the military. While military divorces can be straightforward, it is important that all parties understand the laws and rules involved.

A service member, or his or her spouse, can file for divorce in a state where one of the spouses holds legal residence. it should be noted, however, that if the spouses have legal residence in different states, federal law gives the courts in the state where the service member resides the power to divide his or her military pension in a divorce.

Military divorce in Illinois

42671839_S.jpgMilitary service members in Illinois who are wishing to divorce might need to be aware of how the process differs from those that solely proceed within the civilian arena. There are certain federal laws governing divorces, support issues, division of pensions and other relevant matters that are important.

It will first be important to determine where to file the divorce. Divorce petitions may be filed in the states in which the military service members reside or in which the spouses reside. No matter where the divorce petition may be filed, the state in which the service member legally resides will have jurisdiction to divide the military pension.

DNA testing as a proof in paternity.

23179098_S.jpgIllinois family law attorneys are often asked whether DNA testing is necessary for a child support order. The answer often depends on whether the man from who child support is sought is challenging paternity.

Because of its accuracy and its non-intrusive testing method, testing has become popular in paternity cases. But it is not always necessary. For example, if an alleged father voluntarily acknowledges paternity pursuant to state law, testing is not required.

Advocates urge greater privacy for abuse survivors

30141534_S.jpgIllinois victims of domestic violence and abuse could be at risk due to the public availability of information about their locations. Advocates have noted that when people file for a no-contact order against a former abuser, their address and location are part of the public criminal record.

Because that record can be easily searched using a computer or smartphone, almost anyone can obtain the current address or location of the victim. Survivors of domestic violence are advocating to change the policy, noting that it can force victims into hiding in order to protect themselves from attack by their abusers. These types of orders are intended to help victims avoid contact with their abusers and make such contact a criminal offense. However, some perpetrators of domestic violence do not find the order itself or potential charges of violating it to be sufficient to dissuade them from further harassment or even physical attacks.

Rob Kardashian could request child support from Blac Chyna

22393654_S.jpgPop culture buffs in Illinois might have already heard that Blac Chyna and Rob Kardashian ended their relationship after their daughter was born in late 2016. The two never married although they were engaged until they called off the relationship. They still chose to make custody arrangements for their infant daughter and they were reported to still be in the process of creating a custody agreement.

There are many possible outcomes of the custody agreement for the former couple. The agreement may or may not include child support once it has been finalized. If it did include child support, two important facts must be taken into consideration. First, it was reported that Kardashian is the child's primary caregiver. Second, Blac Chyna has a higher income than Kardashian. These two factors could influence a judge's decision to grant child support to Kardashian if he chose to request it.

Divorce for those who serve

44852046_S.jpgWhen Illinois couples decide to divorce, there are several issues that might need to be decided, including child custody, property division, and spousal and child support. These matters can become more complicated when either or both of the spouses are active-duty military members.

The Servicemembers Civil Relief Act of 2003 provides a broad range of protections to members of the Armed Forces, particularly those who have been deployed. In addition to protecting the rights of military members in issues regarding debt collection, renter's rights and civil court judgments, there are also protections in family law matters. These protections were put into place because of the difficulties that a deployed service member might experience when trying to respond to a legal case.

Don't forget to separate car insurance in divorces

37300095_S.jpgIllinois couples who are ending their marriages must disentangle their finances from each other. One aspect that should not be overlooked is separating the car insurance policies. There are several things that people who are getting divorced should keep in mind in this regard.

People are not allowed to remove their spouses from their car insurance policies without first obtaining their consent. People who wish to remove their spouses will need to get them to sign consent forms before they will be allowed to remove them. If the spouses are still living at the same address, their liability will still be shared. This makes it important to start by getting separate addresses.

The advantages and disadvantages of a child support calculator

25553177_S.jpgWhen researching online for a divorce, Illinois residents might come across child support calculators. These tools can be helpful, but they are often not accurate. However, they can provide a general overview on how the payment decision will be made.

Child support calculators estimate the amount a non-custodial parent might pay for support. Information like income and the amount of a time a child spends with each parent could be used to generate a monthly sum. The result may provide a ballpark figure of what one could expect to pay or receive.

Child support and private school tuition

22875714_S.jpgIn some Illinois divorces, private school education for the children may be at issue. Some parents may want their children to attend private schools when the other parents do not feel that it is necessary. Whether or not a judge will order the non-custodial parent to contribute financially to the child's private school costs will depend on a number of factors.

An order to pay half of a child's private school tuition in addition to child support is not automatic. Before the court will order a parent to pay half or anything towards a private school tuition bill, the court will first review the incomes of both parents. If the parent who is being asked to pay additional money for the private school tuition simply does not make enough money to afford it, it is unlikely that the parent will be ordered to do so.

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Stange Law Firm, PC
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Belleville, Illinois 62221

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