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Peoria 309-407-3332
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Peoria Family Law Blog

How dads can overcome parenting time challenges

Divorces bring about challenges to parenthood that many fathers in Peoria do not anticipate. Even though their families are no longer living under one roof, fathers can still play a major and positive role in their children’s lives. Co-parenting is not always easy, but there are things that fathers can do to strengthen the bond between them and their kids.

Get the kids involved

Criteria for Awarding Alimony in Illinois

The days of only the husband having to pay money for an ex-wife's upkeep are long gone. These days, alimony can be awarded to either one of the spouses.

Courts in Illinois don't ask for proof of fault or marital misconduct while deciding how much alimony is to be paid. There are other factors which are taken into account for deciding the specifics of the amount of alimony to be awarded, including:

How custody is awarded in Illinois

If you are getting a divorce in Illinois and you have children, you are going to spend time figuring out custody. While it is now referred to as parental responsibilities, custody is still determining who has what rights involving your children. At Butler, Giraudo & Meister, we are aware that this can be one of the most stressful parts of a divorce case. It can help if you become more familiar with how custody is handled in the state.

The state focuses on doing what is in the best interest of the children. You will be encouraged to work with your spouse to create a parenting plan that allocates responsibilities, assigns decision-making power and determines a schedule for parenting time. The law stresses assigning decision-making to four key areas, which are religion, medical, extra-curricular activities and education. However, when it comes to other areas, you have the freedom to create a plan that works for your family as long as you and your spouse can agree upon the details.

Reproductive rights of the father

When it comes to reproductive rights, the father's rights are largely ignored. Reproductive rights are seen almost only as a female's right, especially in the matters of abortion, adoption and procreation. Male rights are patently ignored in these regards, and no laws exist to date in protecting a father's right to reproduction.

Should a woman, even if in a married relationship decides to opt for adoption, the spouse/father has little legal power to prevent it however much may he object to the idea. This situation is a largely bias and unfair one. If a man wants to keep his unborn child he has little right over the mother's decision to abort the pregnancy. She may choose to do so with little regards to the wishes of the father. Even if the father of the unborn child claims to take full responsibility of the child, and the woman only has to carry the pregnancy to term, his wishes hold no legal value in court. The right to abortion has entirely been established as the woman's right alone.

Why pay alimony?

Marriage entails sacrifices on the part of both spouses, and this may lead to one of them giving up a professional career and economic independence to care for their children. Divorce leaves both affected spousal parties in a state of uneven economic status. To balance this out, one ex-spouse may be asked to pay a certain amount of alimony to the other.

 

Utilizing offshore accounts for a divorce

During a divorce it may bequite difficult to ensure that all the property each spouse possesses is presented before the court for a fair division. Particularly during divorces between high net worth individuals, it is often possible that one or both spouses are using offshore accounts to store their wealth.

 

Ensuring a Successful DNA Test

If you're locked in a child custody battle, one of the requirements the judge may ask for is a DNA test to determine the child's biological parentage. In case such a demand is made, you will need to supply a DNA sample for testing. You will be provided with a paternity test kit which contains three sets of swabs for collecting DNA. One set will be used by the child, another by your ex-spouse and the third one by you. Remember that home administered DNA testing is not admissible in court.

 

If you're married and a trust beneficiary, protect yourself

Negating separateness.

Now, there are certainly legions of people who will simply give a befuddled shrug upon hearing the above words and ultimately find upon explanation that, indeed, they impart no personal meaning.

If, though, you perchance happen to be an Illinois resident who is a member of a wealthy family and the beneficiary of a third-party trust established by, say, your parents or grandparents, you might reasonably want to zero in -- promptly and closely -- on what those words potentially imply.

Criteria for awarding alimony in Illinois

The days of the husband paying for an ex-wife's upkeep are long gone. These days, alimony can be awarded to either of the spouses. Courts in Illinois don't ask for proof of fault or marital misconduct when deciding how much alimony is to be paid. There are other factors that are taken into account when deciding the specifics of the amount of alimony to be awarded.

The court will look at the income and property owned by both spouses. The court will also look at the spouse's lifestyle and how much they earn or may earn in the future. They will look at the length of the marriage and whether any developments have occurred which has impeded the income of the spouse asking for alimony when the reasons include time spent on domestic duty or a choice made to give up training and education because of the demands of the marriage.  They will evaluate how long the spouse asking for alimony will need to become employable and self-supporting.

  • I cannot even express in words the level of gratitude that I feel. ‘Thank you’ doesn't seem to be enough. Please know that your services and compassion will never be forgotten! I am forever grateful!

  • Thank you so much for your hard work and expertise. I feel as a father in the state of Illinois that what I am trying to achieve is nearly impossible. I am so glad I chose to have your office full of extremely intelligent women represent me.

  • We would like to say thank you for your expertise, education, and kindness when we met with you! Your confidence has helped to comfort us and give us hope that resolution of the issue is possible.

  • I just wanted to say thank you from the bottom of my heart for all your time, energy, and efforts you put into our case. Thank you for helping make our son's quality of life better. I cannot tell you how happy we are!

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We are driven and committed to a successful outcome for all of our clients. To arrange a consultation with attorney Susan Butler, Kelly Giraudo or Tamara Meister, call 309-263-1204 (Morton) or 309-407-3332 (Peoria). You can also contact our law firm by filling out the form below. With offices in both Peoria and Morton, we work hard for our clients while getting to know them as people.

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