Child Support: Illinois child support guidelines uses the Percentage of Income formula which calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child. This method simply applies a percentage to the income of the parent according to the number of children requiring support.
If the parties cannot agree to a support amount, the court will apply the support guidelines. If the court makes a finding that the application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent.
If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 505, 507) For further information, contact your Tazewell County Divorce Attorney or your Peoria County Divorce Attorney.
Monday, September 20, 2010
Child Custody and your Ogle County Divorce Attorney
Child Custody: When minor children are involved in a dissolution of marriage, the Illinois courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.
The court shall determine custody in accordance with the best interest of the child and shall not consider marital conduct. The court shall consider all relevant factors including: (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
When the court is to determine whether or not a joint custody arrangement is in the best interests of the children it shall consider these following factors; (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing abuse, whether directed against the child or directed against another person; (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and (9) whether one of the parents is a sex offender. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610) For further information, please visit your Ogle County Divorce Attorney or your Kendall County Divorce Attorney.
The court shall determine custody in accordance with the best interest of the child and shall not consider marital conduct. The court shall consider all relevant factors including: (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
When the court is to determine whether or not a joint custody arrangement is in the best interests of the children it shall consider these following factors; (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; (5) the mental and physical health of all individuals involved; (6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (7) the occurrence of ongoing abuse, whether directed against the child or directed against another person; (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and (9) whether one of the parents is a sex offender. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610) For further information, please visit your Ogle County Divorce Attorney or your Kendall County Divorce Attorney.
Bureau County Divorce Attorney
Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds. For further information, please visit your Bureau County Divorce Attorney or your Henry County Divorce Attorney.
In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (2) the needs of each party; (3) the present and future earning capacity of each party; (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (6) the standard of living established during the marriage; (7) the duration of the marriage; (8) the age and the physical and emotional condition of both parties; (9) the tax consequences of the property division upon the respective economic circumstances of the parties; (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (11) any valid agreement of the parties; and (12) any other factor that the court expressly finds. For further information, please visit your Bureau County Divorce Attorney or your Henry County Divorce Attorney.
Saturday, September 11, 2010
Sangamon County Bankruptcy Attorney
Chapter 13 bankruptcy is commonly referred to as a wage-earner plan. The reason is that Chapter 13 is generally used by people with stable incomes who want to repay at least some of their debts but are currently unable to do so. One reason that a debtor may file Chapter 13 bankruptcy if the debtor's financial crisis is temporary and the debtor expects income will grow enough in the next few years to pay off all debts. A significant advantage to Chapter 13 is that the debtor is allowed to keep the debtor's property while a court-approved repayment plan is in effect. Only an individual with less than $100,000 in unsecured debts and less than $350,000 in secured debts is eligible to file a Chapter 13 bankruptcy. Corporations and partnerships cannot file Chapter 13 bankruptcies, although this option is available to a small business operated by a sole proprietor. For further information, please contact your Sangamon County Bankruptcy Attorney.
Effingham County Bankruptcy Attorney
When a debtor files a Chapter 7 petition, the court will appoint a trustee to administer the case and liquidate assets. The trustee will call a meeting of the debtor, the debtor's attorney, and the creditors. The debtor is required to attend this meeting. Creditors may attend in order to ask questions, and examine documents concerning the debtor's financial affairs and property. In most consumer bankruptcies, all of the debtor's assets are either exempt or subject to valid liens, so there are no assets for creditors to pursue. In these cases, known as "no asset" cases, creditors usually do not show up at the creditors meeting. If it appears that a case will have assets to pursue, creditors may show up at this meeting to gather information about the case because they plan to ask the bankruptcy judge to declare some of the debts non-dischargeable, they plan to challenge the exempt status of some asset, or they plan to file claims. For further information, please contact your Effingham County Bankruptcy Attorney.
La Salle County Bankruptcy Attorney
A Chapter 7 case starts when the debtor files a petition with the bankruptcy court in Illinois. Any individual, partnership, or corporation can file Chapter 7 regardless of the amount of debt or whether the debtor is solvent or insolvent. The petition should be filed with the court serving the area where the debtor lives or where the principal place of business or assets of the debtor are located.
In addition to the petition, or shortly after the petition is filed, the debtor must file with the court several schedules listing current income and expenditures, a statement of financial affairs, all executor contracts, existing or potential lawsuits by or against the debtor, and any recent transfers of assets. If a debtor does not reveal a debt in these schedules, the bankruptcy court cannot discharge or cancel that debt. Any debt omitted from these schedules is called a non-scheduled debt and will not be discharged via bankruptcy. For further information, please contact your La Salle County Bankruptcy Attorney.
In addition to the petition, or shortly after the petition is filed, the debtor must file with the court several schedules listing current income and expenditures, a statement of financial affairs, all executor contracts, existing or potential lawsuits by or against the debtor, and any recent transfers of assets. If a debtor does not reveal a debt in these schedules, the bankruptcy court cannot discharge or cancel that debt. Any debt omitted from these schedules is called a non-scheduled debt and will not be discharged via bankruptcy. For further information, please contact your La Salle County Bankruptcy Attorney.
La Salle County Divorce Attorney and No Fault Filings
There are various grounds that spouses can file for divorce. One is a No-Fault. Spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court. For further information, please contact your La Salle County Divorce Attorney.
Tazewell County Divorce Attorney and Residency
In order to file for dissolution of marriage in Illinois, there are residency requirements that must be met for the court to have jurisdiction. If the court discovers it does not have jurisdictional rights to hear the case it will be transferred or it will eventually be dismissed. The requirements are as follows:
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. For further information, please contact your Tazewell County Divorce Attorney.
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. For further information, please contact your Tazewell County Divorce Attorney.
Automobile Accidents and your Etowah County Personal Injury Attorney
Even if you are careful driver, sometimes you just can't avoid an auto accident. Most accident victims only suffer minor cuts and bruises. However, each year a large number of individuals are seriously injured and killed when they are involved in car accidents.
According to recent studies, the leading cause of death for Americans under the age of 34 is automobile accidents. In fact, approximately 115 individual die each day as a result of an auto accidents. Furthermore, most people can expect to be involved in at least one automobile accident in their lifetimes. For further information, please contact your Etowah County Personal Injury Attorney.
According to recent studies, the leading cause of death for Americans under the age of 34 is automobile accidents. In fact, approximately 115 individual die each day as a result of an auto accidents. Furthermore, most people can expect to be involved in at least one automobile accident in their lifetimes. For further information, please contact your Etowah County Personal Injury Attorney.
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