The Challenges of Child Visitation Rights

Divorce and separation can be a difficult enough process without having to face the prospect of being absent from your children’s lives. Fortunately, Illinois law favors the involvement of both parents in their children’s lives. While many divorced parents share time with their kids every few days or every other week, many courts decide that sole physical custody lies with one parent. The other parent then has a “reasonable” right to visitation. Navarro Family Law can help by bringing your case to a judge and fighting for your rights.

“Reasonable” Visitation

So, what does it mean to have a right to “reasonable” visitation? That depends on the circumstances, including the children’s ages. The court can also modify terms of visitation if circumstances change. The custodial parent can get a court to restrict the other parent’s visitation rights only by proving that doing so is in the child’s best interests. After all, visitation rights aren’t for the parents per se; it’s for the children, and the court decides accordingly. Only extreme circumstances justify permanently depriving a parent of visitation.

The court can restrict visitation in the following ways:

• Prohibit overnight visits
• Require that visits be made in the custodial parent’s home
• Require that visits happen outside noncustodial parent’s home
• Prohibit a parent from contacting a child while under the influence of mind-altering substances
• Require that visits be supervised by a third party

Alienation

A frightening aspect for the noncustodial parent is the possibility of the other parent refusing visitation and even poisoning the children’s feelings towards them. This is called parental alienation. The courts and even judges can put orders in place prohibiting this kind of behavior from either parent. At worst, some noncustodial parents won’t see their children for years at a time – reunifying with them can be a difficult process for everyone, including the child. At those times, a neutral attorney can review your case and act in the best interests of the child.

If you’ve had difficulties in seeing your children after a divorce or separation, let attorney Michael Navarro at Navarro Family Law represent your rights and best interests for your child. Contact Navarro Family Law at (815) 207-9570 today.

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.

(815) 207-9570

Call to schedule an initial consultation with a family law attorney for a child support case in Dupage County, Will County, or Kendall County

Illinois Child Support Calculator for New 2017 Laws

The Illinois Department of Healthcare and Family Services has released a child support calculator corresponding to the new Illinois child support laws which had come into effect on July 1st, 2017.  The “Child Support Estimator,” as it is called, can help parents calculate an estimate as to what the child support rate in their case may be under the new law.

The Child Support Estimator for parents can be found here.  

The Child Support Estimator for attorneys can be found here.

Please note that these calculators provide estimates only, and will not necessarily provide the final amount that is established by the court in a child support case.  For a more detailed look into your Will County, DuPage County or Kendall County child support case, contact the law firm of Navarro Family Law, LLC to schedule an initial consultation with a child support attorney.

(815) 207-9570

Call to schedule an initial consultation

Related Articles:

New Changes to Illinois Child Support Laws in 2017

Child Custody

The information on this site is not legal advice and does not create an attorney-client relationship.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.

(815) 207-9570

Call to schedule an initial consultation

What Are My Options in a Divorce Case?

Whether you are currently involved in a pending  case, or are considering filing for divorce, this article will give you an overview of common issues that arise in Illinois divorce cases.

Maintenance, “Alimony”

Whether maintenance, or “alimony” as it is often called, will be awarded to a spouse will depend on the facts of each case.  It is often determined, in part, by how much of a difference there is between the two parties’ income levels.  The more one spouse earns than the other, the higher likelihood of there being a maintenance award, and the higher the actual payments could be.   The closer the income levels are, the less likelihood of there being a maintenance award.  Illinois courts use a formula for determining a basic maintenance calculation.  The court should also determine whether a maintenance award is appropriate, taking into consideration the income, needs, and earning capacity of each spouse, as well as other factors.

In some cases, a spouse’s income level might not be clear, for example, when a spouse is paid by commission instead of a base salary.  In such cases, the lower-earning spouse may try to maximize his/her potential maintenance award by minimizing his/her claimed income level, and maximizing the other spouse’s income level, so that the parties’ incomes appear further apart.   To try and minimize the maintenance award, the higher-earning spouse may try to minimize his /her claimed income, while maximizing  the other spouse’s income level, so that their incomes are closer.  No matter what outcome each spouse “wants,” they are both required to truthfully disclose their income levels.  If they do not, the divorce process could take longer and be more expensive, as more discovery may be required.

Division of Property – “Will my spouse get half of my assets?” 

As part of every divorce case, the parties will have to fully and truthfully disclose all of their assets, whether they were acquired before or during the marriage.  Some examples of property that could potentially be divided in a divorce case include, but are not limited to, bank accounts, retirement or investment accounts, the available equity in real estate property or vehicles, and the settlement awards from personal injury or workers compensation claims.  Generally, property acquired during the marriage (“marital property”) could be divided as part of the divorce.  However, property acquired before the marriage, or other non-marital property, could be taken into consideration when dividing the available marital property.

Although it is not required by law, in practice, many judges often try to allocate marital property equally.  However, if one spouse has spent or disposed of marital property in an inappropriate manner, the other spouse could potentially have a claim for dissipation of marital assets.  If successful, the dissipation claim could result in an offset of the division of available marital property, such that the spouse claiming dissipation could receive a higher percentage of the remaining property.

Debts

Any debt that was accumulated during the marriage is potentially marital debt.  Both spouses could be ordered responsible for paying off this debt, regardless of who actually incurred the debt.  In some cases, a claim of dissipation could be made whereby a spouse argues that he or she should not be responsible for contributing towards a certain portion of the marital debt, because the other spouse incurred it for reasons that did not benefit the family, or marital interests.  This would require an examination as to whether the debt was incurred for a purpose that was one-sided, wasteful, or whether incurring such debt and making such expenditures was typical during the marriage.

Custody of Children

In every divorce case where the spouses have minor children, the court must make a determination as to the authority that each parent will have in making major decisions for the children.  Such major decisions can include the choice of medical providers, educational opportunities, choice of day care providers, extracurricular activities, and religious upbringing.  If there is a dispute between the parents as to how to arrange parental decision-making responsibilities, the court may look at the level of involvement that both parents have had with the children within the two years before the divorce was filed.

Parenting Time or Visitation

Typically, a parenting time schedule will also be established, listing both parents’ regular and holiday time with the children.   Factors which are taken into consideration usually include, but are not limited to, both parents’ work schedules, the children’s school schedules, and the age of the children. 

The parent with whom the children primarily live, that is, the parent with the “majority of parenting time,” will typically be awarded child support, paid by the other parent.  Sometimes there will be a disagreement as to which parent should have the majority of time.  In these cases, the court may also look at the parents’ involvement with the children in the two years prior to the filing for divorce, as well as other factors.

Child Support and Child Expenses

Child support in Illinois is now calculated based on both parents’ incomes.  Both parents’ incomes will be run through different charts to determine the paying parent’s child support obligation.  

In addition to child support, both parents are also typically responsible for contributing towards medical, educational, extracurricular, and day care expenses for the children.   The judge could order that the parties contribute to the costs 50/50, or, in his or her discretion, could also divide the parents’ contributions based on their respective incomes. 

What do Judges Want From Spouses in a Divorce Case?

Divorce court judges want to see spouses truthfully disclose their incomes and assets (this should go without saying, but unfortunately does not always happen), and be reasonable in attempting to reach a settlement.  With regards to child custody and parenting time, judges generally want to see parents who act maturely, who cooperate and work together for the best interests of their children. 

For a more detailed look into your potential options for proceeding on a Will County, Dupage County, or Kendall County divorce or child custody case, contact family law attorney Michael Navarro at (815) 207-9570 and schedule an initial consultation.

Call to schedule an initial consultation

(815) 207-9570

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.

(815) 207-9570

Call to schedule an initial consultation

Dissipation of Marital Assets: A Closer Look

A common question asked of divorce attorneys is “Can my spouse withdraw from his or her retirement account, then spend all the money and get away with it?”  

In a previous article about dissipation of marital assets in an Illinois divorce, I explained the basic idea of what might occur if a spouse improperly uses or wastes marital property or funds.  This article will go into more depth as to some of the factual requirements for making a dissipation claim. 

Basic Requirements for a Dissipation Claim

 Generally, dissipation could be found to occur when:

1. A spouse improperly uses marital property for the sole benefit of him or herself, for a purpose unrelated to the marriage, without the permission and/or knowledge of the other spouse; and
2. The improper use occurs during a time period when the marriage was undergoing an “irreconcilable breakdown.”

Was the Property Really “Dissipated?”

Perhaps the most common dispute in dissipation claims is over whether the spending of marital property was wasteful, or whether it was a legitimate, appropriate use. 

Here is a common scenario:  Spouse A withdraws large amounts of money from a savings, retirement or investment account, such as an IRA, then spends it on bills, food, and clothing during divorce proceedings.  Spouse A claims that the funds were used for “regular household expenses,” while Spouse B claims that the money was spent so that it would not have to be shared when the divorce is finalized.  Their divorce lawyers then review bank account statements to look for signs of waste or unusual spending patterns.

Whether or not a court will find that a spouse dissipated marital property will depend on the specific facts of each case.  Dissipation is generally based on the idea of “waste.”  Unusual expenditures that do not benefit “common marital interests” could be held improper.  Here are some examples of potential dissipation:

• Spending money on an extra-marital boyfriend or girlfriend, such as buying expensive jewelry, or paying off his or her debts
• Loss of marital funds though gambling
• Intentional destruction of property
• Failing to pay the mortgage on a house, causing it to go into foreclosure, and resulting in a loss of equity in the home
• A pattern of giving gifts or donations which were not agreed to, and were not typical during the marriage
• Using savings or investment account money to pay household expenses, when the parties had enough available income to pay these expenses
• An increased level of expenditures that was not agreed to or typical during the marriage

A spouse properly charged with dissipation must present clear and convincing evidence that the expenses were legitimate.  To survive the dissipation claim, he or she cannot simply state that marital funds were spent on regular or necessary expenses.  A detailed accounting of financial records, or in-court testimony may be required for the accused spouse to prove that the use of marital property was not selfish or wasteful.

The Irretrievable Breakdown of the Marriage

Another potential issue is the timing of when the improper acts or expenditures occurred.  The key point in the time line is the period when the marriage began to undergo an irretrievable breakdown.  If the improper use of the marital property occurred during or after this period, then the court could find that it was dissipation.  Courts in the past have defined the key starting point as the time when the marriage began to undergo an irreconcilable breakdown, and not the time when the marriage had reached its  “final breaking point.”

Some examples of potential starting points for an “irretrievable breakdown” are the following:

• The date when the divorce was filed. The breakdown could certainly occur before this, but when a spouse files for divorce they typically allege in the initial divorce papers that an irretrievable breakdown has occurred.
• The date when a spouse moved out of the marital home
• The date when the spouses began sleeping in separate bedrooms

The court’s evaluation of whether dissipation has occurred, and the outcome of a dissipation claim can depend on the specific circumstances and facts of each divorce case.  If you believe you may have a dissipation claim against your spouse, or your spouse is alleging a claim of dissipation against you, contact a divorce attorney to schedule an initial consultation at (815) 207-9570.  Navarro Family Law, LLC represents clients in Will County, Dupage County, and Kendall County divorce cases.

Call to schedule an initial consultation

(815) 207-9570

Related Articles:

Dissipation of Marital Assets in an Illinois Divorce

How is Property Divided in an Illinois Divorce?

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.