The Law Office of Kevin W. Thomas, Ltd.
Free Consultation
630-485-8012
search-icon
attorney image

St. Charles Family Law Blog

Rob Kardashian seeks modification of child support order

Divorced parents in Illinois who can no longer pay court-ordered support can petition the court for modifications. Even the rich and famous sometimes find themselves unable to maintain obligated child support payments. Rob Kardashian is an excellent example of how significant changes in circumstances can affect a person's finances.

At the time of his split with Blac Chyna, Rob Kardashian earned $1 million for each season he was on Keeping Up with the Kardashians. Based on that income, the court ordered him to pay $20,000 per month to Blac Chyna. However, following a restraining order for domestic violence against the mother of his child, Kardashian's family no longer wants him on the reality show for fear of damage to the ratings. He now earns a mere $50,000 per episode in which he plays a role.

Child custody: Forget the myths and focus on child's interests

Many misconceptions and myths exist when it comes to the roles divorced parents play in the lives of their children. Some believe that all noncustodial parents chose to give up child custody, which is not true. In fact, many Illinois parents battle in court for custody. However, sometimes parents relinquish custodial rights because they believe it would be in the best interests of the children.

Many noncustodial parents make great sacrifices to spend time with their children, making the most of their visitation rights. More and more courts recognize the importance of fathers in the lives of their children. This awareness has led to a significant percentage of fathers receiving joint or even sole custody of their children. In some cases, the parents share custody but one parent is designated as having primary physical custody. In these circumstances, the other parent will still have the right to be involved in making important decisions in matters that affect their children.

Remarriage after a bitter divorce requires careful consideration

Following a bitter divorce, filled with contention and acrimonious court battles, remarriage might not be high on an Illinois divorcee's list of things to do. Nevertheless, the ways of the heart are mysterious. There is always a chance the next marriage would be the "happy ever after" one. However, a problematic divorce will at least serve the purpose of teaching a few lessons that might provide protection in the future.

Advisers say, instead of rushing into a second marriage, it might be wise to consider previous financial and domestic errors to avoid similar problems. The effect of remarriage on Social Security benefits need to be examined, and for some, it might even be smart to postpone a second marriage to benefit from an ex-spouse's employment benefits. A prenuptial agreement might also be a good idea to protect existing assets and the interests of children from a previous relationship. A prenup can deal with each spouse's debts and a variety of other matters that might create contention in the event of a divorce.

Will you lose your Illinois business in a divorce?

Building up a business to be profitable takes a whole lot of hard work. Some married couples in Illinois do this together, and in some cases, one spouse does it all alone while the other refuses to recognize the value of the business -- until there is a divorce filing. Once the disinterested spouse learns the value of that business, he or she might want a part of it. Regardless of the involvement of each spouse in a business, it might be best treated in the same way as auto insurance taken out not because there will be a crash, but for protection if there is an accident.

Regardless of how happy a couple is before the wedding, or during the marriage when a business is established, it is best to take steps to prevent contention when it comes to property division in the event of a divorce, and also to give the business owner peace of mind. If it is left to the court to decide how to divide a business that one spouse owned before the marriage, the monetary growth that took place during the marriage might be regarded as marital property that is subject to division. However, if one spouse showed no interest in the business, such division could seem unfair.

Divorce, holidays and supporting your children

With October in full swing, you may be starting to think about the upcoming holidays. Thanksgiving and Christmas are typically a time where families gather to celebrate, but this can seem daunting and stressful if you recently got a divorce.

Not only is this complicated for you, but you may have questions about how to best support your child during the first season of holidays where their parents are no longer married. This post will give a few tips at how best to support your kids during the upcoming holiday season.

What does the collaborative divorce process entail?

It is unlikely that a divorcing couple in Illinois will agree on all matters -- after all, the fact that they filed for a divorce indicates at least some level of disagreement. However, litigation is not necessarily the only option. Couples who are committed to resolving contentious issues can opt for a collaborative divorce, which could bring them to a mutually agreed upon divorce settlement without nasty court battles.

A collaborative divorce is a process whereby each spouse retains the services of an attorney with special collaboration qualifications. The spouses and their attorneys will sign agreements to state that they are committed to the process and that the spouses have to retain different legal counsel if they decide to end collaboration and take the divorce proceedings to court. The spouses meet privately with their lawyers to discuss concerning matters, and then all four come together to work on resolving their respective issues collaboratively.

Typical concerns are exacerbated in a gray divorce

The numbers of divorces after the age of 50 are reportedly increasing nationwide, including in Illinois. Although divorce at any age is typically traumatic, the emotional and financial toll can be exacerbated when it is a gray divorce. When couples reach middle-age, most have accumulated considerable economic and personal assets together, and the property division process will indeed be challenging.

While younger divorcing couples typically find dealing with child-related issues difficult, it might be no less traumatic for those with teenage or even adult children. Parents might not expect the impact a gray divorce can have on their children, regardless of their ages. While going through this process, conflicting emotions are not unusual. The fluctuation between invigoration and fear will likely be par for the course.

Can becoming disabled cancel spousal support obligations?

Going through a divorce in Illinois will always be a challenging and emotional process. When it is finalized and a divorce decree received, life goes on, and both parties must adjust to their new situations. As long as the court-ordered child and spousal support payments are made by one and received by the other, new, single lives can be built.

However, unanticipated events can cause new problems. What happens when the ex-spouse who has to pay support suffers an illness or injury that causes a disability? Will the court orders for alimony and child support remain valid? The answer is yes; the recipient of Social Security Disability Insurance benefits must continue making support payments, and SSDI benefits could even be garnished if support is not paid.

Adoption: A birth mother's right to change her mind

Adoption is a sensitive subject, which naturally brings about many conflicting emotions. Giving up a child for adoption must be one of the most difficult decisions any mother might have to make. For a birth parent, giving up a child will remove the right to make crucial decisions on behalf of the child and seek custody or even visitation rights. However, even if a birth parent in Illinois has signed an agreement before the child's birth, it's still possible to change one's mind at any time, as long as it happens before the court finalizes the adoption process.

There are also certain circumstances in which birth parent has legal right to revoke consent after birth but before finalization of the adoption process. These include situations in which the birth parent's consent was given due to fraud, coercion or under duress. There might be reasons for the court to find that it would be in the child's best interest for the consent to be revoked.

Women in divorce frequently encounter financial surprises

Divorce is difficult on both men and women. However, for some married women, particularly those who have been married for many years, the decision to divorce can be more life altering than it is for those in shorter marriages. These women may have dedicated their younger years to supporting a spouse’s education, career and raising their children. Unfortunately, once the decision to divorce is made, they frequently encounter jarring financial realities.

Contact us

Schedule A Free Consultation Today

As an experienced family law attorney, I know how to use the right strategies to assert your interests and bring your case to a fair and reasonable conclusion. Let me help you take care of your family law issues and create a brighter future. My office is conveniently located near the Charlestowne Mall, and I can make evening and weekend appointments when needed.

Please call my office at 630-485-8012 or contact me online to schedule a free consultation to discuss your specific needs.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location
2580 Foxfield Road
Suite 101
St. Charles, IL 60174

Phone: 630-485-8012
St. Charles Law Office Map