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How Illinois Courts Determine the Best Interests of the Child

Wed, 09 Sep 2026 13:14:43 GMT

When parents separate or divorce, one of the most important decisions involves their children. In Illinois, courts don't automatically favor one parent over the other. Instead, judges focus on a single legal standard: the best interests of the child .

Every family has unique circumstances, so parenting decisions are based on the specific needs of the child rather than a one-size-fits-all approach. Whether you're establishing parental responsibilities for the first time or seeking to modify an existing parenting arrangement, understanding how Illinois courts evaluate these cases can help you prepare for the legal process and make informed decisions for your family.

Here's what every parent should know about the best interests of the child standard in Illinois.

What Does "Best Interests of the Child" Mean?

The best interests of the child is the legal standard Illinois courts use when making decisions regarding parenting responsibilities and parenting time.

Rather than focusing on what either parent wants, the court considers what arrangement will best support the child's:

Physical well-being
Emotional development
Safety
Stability
Educational needs
Overall quality of life

Every custody case is different, and judges evaluate each family's circumstances individually before making a decision.

Factors Illinois Courts Consider

Illinois law outlines numerous factors that judges may consider when determining parenting arrangements.

Common considerations include:

The child's physical and emotional needs
Each parent's ability to provide care
The child's relationship with each parent
Adjustment to home, school, and community
Each parent's willingness to encourage a healthy relationship with the other parent
Any history of domestic violence or abuse
The mental and physical health of everyone involved
The child's wishes, depending on age and maturity

No single factor determines the outcome. Instead, courts evaluate the complete picture before deciding what arrangement serves the child's best interests.

Parenting Responsibilities vs. Parenting Time

Although many people still use the term "custody," Illinois law now refers to parenting responsibilities and parenting time .

Parenting responsibilities involve major decisions regarding a child's:

Education
Healthcare
Religious upbringing
Extracurricular activities

Parenting time refers to the schedule that determines when a child spends time with each parent.

Many families successfully share decision-making responsibilities while following a parenting schedule that reflects their child's needs and family circumstances.

How a Parent's Behavior Can Affect the Court's Decision

Judges pay close attention to each parent's behavior throughout a family law case.

Positive behaviors include:

Following existing parenting agreements
Maintaining respectful communication
Supporting the child's relationship with the other parent
Providing a safe and stable home
Meeting the child's educational and medical needs

Parents who consistently demonstrate cooperation and place their child's needs first are generally viewed more favorably than those who create unnecessary conflict.

Expert Insight

Many parents mistakenly believe they need to prove they're the "better" parent. In reality, Illinois courts generally seek parenting arrangements that allow children to maintain meaningful relationships with both parents whenever appropriate. Demonstrating cooperation, consistency, and a child-focused approach often has a greater impact than criticizing the other parent.

What Happens if Parents Cannot Reach an Agreement?

Not every parenting dispute can be resolved through negotiation.

If parents cannot agree, the court may:

Review evidence presented by each parent
Hear witness testimony
Consider evaluations from qualified professionals
Appoint a Guardian ad Litem or Child Representative when appropriate

However, many parenting disputes are resolved through mediation or negotiated agreements before reaching trial.

Parents who work together often retain greater control over the final parenting plan than those who rely on the court to make every decision.

Can Parenting Orders Be Modified?

Yes.

Family circumstances often change over time, and existing parenting orders may no longer meet a child's needs.

Examples include:

A parent's relocation
Employment changes
Educational needs
Medical concerns
Safety issues
Significant changes in family circumstances

When requesting a modification, the court generally considers whether the proposed change serves the child's best interests.

Properly modifying a parenting order through the court helps ensure the agreement remains legally enforceable.

Tips for Parents During a Custody Case

Parents can often strengthen their case by focusing on their child's needs throughout the legal process.

Helpful practices include:

Keep communication respectful and child-focused.
Follow all temporary court orders.
Document important information accurately.
Avoid involving children in adult disagreements.
Encourage healthy relationships with both parents whenever appropriate.
Consult an experienced family law attorney before making significant legal decisions.

Maintaining a child-centered approach benefits not only your legal case but also your child's emotional well-being.

Frequently Asked Questions

What does "best interests of the child" mean in Illinois?

It is the legal standard Illinois courts use to determine parenting arrangements that best support a child's safety, health, stability, emotional development, and overall well-being.

Does Illinois automatically favor mothers over fathers?

No. Illinois law does not presume that one parent should receive greater parenting rights based solely on gender. Every case is decided according to the child's best interests.

Can my child decide which parent to live with?

The court may consider a child's wishes depending on the child's age and maturity, but those wishes are only one factor among many.

What if the other parent refuses to cooperate?

A parent's willingness to encourage the child's relationship with the other parent may be considered by the court when determining parenting responsibilities.

Can parenting arrangements change after divorce?

Yes. Parenting orders may be modified when there has been a substantial change in circumstances and the requested modification serves the child's best interests.

Speak With an Illinois Family Law Attorney

Parenting disputes can be emotionally challenging, but understanding how Illinois courts evaluate the best interests of the child can help you make informed decisions for your family.

At LSR Family Law Group, we help parents navigate parenting responsibilities, parenting time disputes, child support matters, post-decree modifications, and other family law issues with practical legal guidance and personalized representation. We proudly serve families throughout Wheeling, Northbrook, Arlington Heights, Buffalo Grove, Glenview, Schaumburg, Mount Prospect, Glencoe, Wilmette, Cook County, Lake County, Kane County, and McHenry County.

Contact LSR Family Law Group

Contact Our Office

Schedule a confidential consultation with LSR Family Law Group to discuss your parenting or family law matter. The firm's experienced attorneys are committed to helping families understand their legal rights and pursue practical solutions that support their children's best interests.

Why Experience Matters When Choosing an Illinois Divorce Attorney

Tue, 25 Aug 2026 17:22:34 GMT

Divorce is one of the few legal matters where a decision made today can affect your finances, your children, and your family relationships for years to come. That is why choosing a divorce attorney based primarily on hourly rate can be a costly mistake.

A lower hourly rate may seem attractive at the beginning of a case. But divorce litigation is not simply a matter of filling out forms, exchanging financial documents, and appearing in court. The difficult cases require judgment—knowing which issues matter, which do not, when to negotiate, when to litigate, and how a decision made early in the case may affect the final result.

That judgment usually comes from experience.

The Lowest Hourly Rate Does Not Necessarily Mean the Lowest Legal Bill

Clients understandably want to control legal fees. They should.

But an attorney charging a lower hourly rate is not necessarily less expensive in the end.

An experienced family lawyer may recognize an issue immediately that takes a less experienced attorney hours to research. Experienced counsel may also know which discovery requests are actually necessary, which disputes are unlikely to matter at trial, and which issues can be resolved with a telephone call rather than a motion.

The real question is not simply:

“What is the attorney’s hourly rate?”

It is:

“What am I receiving for each hour I am paying for?”

An attorney who charges less per hour but takes considerably longer to accomplish the same task may ultimately cost more. Even more importantly, an avoidable legal mistake can cost far more than the difference between two lawyers' hourly rates.

Divorce Cases Often Involve Issues That Are Difficult to Undo

Many decisions made during a divorce have consequences that cannot easily be reversed.

For example:

agreeing to an inappropriate temporary parenting schedule can influence the status quo that develops during the case;
failing to investigate business income can affect child support, maintenance, and property division;
overlooking dissipation of marital assets can cost a spouse thousands of dollars;
failing to properly classify marital and nonmarital property can permanently affect the division of an estate;
poorly drafted settlement language can create years of future litigation;
failing to preserve an issue in the trial court can prevent meaningful appellate review later.

These are not necessarily mistakes caused by a lack of intelligence or effort. They are often the kinds of problems that arise because an attorney has simply not encountered a particular situation before.

Experience provides pattern recognition. A lawyer who has handled hundreds of divorce cases is more likely to recognize trouble before it becomes expensive.

Knowing Illinois Divorce Law Is Only Part of the Job

A capable divorce lawyer obviously must understand the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act, Supreme Court Rules, local court rules, and the appellate decisions interpreting those laws.

But knowing the law is only part of effective representation.

Family law also involves strategy.

An experienced attorney should be able to evaluate questions such as:

Is this issue worth litigating?
What evidence will actually persuade the judge?
Is additional discovery likely to produce something useful?
Is the opposing party making a legitimate argument or simply trying to increase pressure and expense?
Is it better to negotiate now or wait until additional financial information is obtained?
Will a proposed settlement provision create enforcement problems five years from now?
How is this particular judge likely to approach the issue?
What needs to be placed in the record in case an appeal becomes necessary?

Those decisions can dramatically affect both the outcome and the cost of the case.

Courtroom Experience Matters

Most divorce cases settle. But settlements are often influenced by what each side believes will happen if the case does not settle.

That means an attorney's ability to actually try the case matters even when no trial ultimately occurs.

A lawyer with significant courtroom experience understands how testimony will likely be received, what evidence will be admissible, how financial records should be presented, how experts should be examined, and which arguments are likely to resonate with a judge.

That experience also affects negotiations.

A lawyer who understands the likely trial outcome can give a client realistic advice about when a proposed settlement is reasonable and when it is not.

Without that perspective, there are two opposite risks: settling too cheaply because counsel is uncomfortable litigating, or litigating unnecessarily because counsel does not recognize a reasonable settlement.

Both can be expensive.

Parenting Cases Require Particular Judgment

Cases involving children can be especially difficult.

Illinois courts decide parenting issues according to the children's best interests, but those disputes often involve allegations of interference with parenting time, poor communication, mental-health concerns, substance use, school problems, therapists, guardians ad litem, child representatives, and court-appointed evaluators.

The emotional intensity of these cases can make it difficult for parents to distinguish between something that is deeply upsetting and something that will actually affect a court's decision.

Experienced counsel can help make that distinction.

A good family lawyer should not encourage litigation simply because a client is angry. Nor should the lawyer minimize conduct that genuinely threatens a parent's relationship with a child.

Knowing the difference is one of the most important skills in family-law practice.

Financial Cases Can Be More Complicated Than They Appear

A divorce involving significant assets, closely held businesses, executive compensation, real estate, retirement benefits, trusts, or inconsistent income can require far more than simply reviewing a tax return.

Experienced divorce counsel knows when to look for issues such as:

undisclosed compensation;
business expenses that actually pay personal living costs;
unusual transfers before or during divorce;
loans to family members;
dissipation;
nonmarital contributions;
stock options and restricted stock;
deferred compensation;
valuation disputes;
tax consequences;
retirement-plan issues; and
assets held in another person's or entity's name.

An attorney who does not recognize one of these issues may never investigate it.

What is never investigated is often never recovered.

Drafting Experience Is Just as Important as Trial Experience

A divorce judgment may govern the parties' conduct for many years.

Poor drafting can create disputes over parenting schedules, college expenses, maintenance termination, refinancing deadlines, sale of property, allocation of tax benefits, payment of medical expenses, or division of retirement accounts.

Many post-divorce disputes begin with one sentence in a settlement agreement that could have been clearer.

An experienced attorney tends to draft with future disputes in mind.

The question is not simply, “Does this agreement resolve today's disagreement?”

It should also be:

“What could happen three years from now, and does the agreement tell us what happens then?”

Younger Attorneys Can Be Excellent Attorneys

Age alone does not determine competence.

There are talented young lawyers and ineffective lawyers with decades of practice. Younger attorneys may bring energy, technological ability, strong research skills, and fresh perspectives to a case.

The problem is not hiring a young attorney.

The problem is selecting a divorce lawyer primarily because the lawyer is inexpensive without considering whether that attorney has enough family-law experience, courtroom experience, supervision, and judgment for the particular case.

A younger attorney working within an experienced family-law firm can be an excellent choice. The client may benefit from a lower billing rate for appropriate work while still having experienced lawyers available for strategy, difficult negotiations, hearings, and trial.

That is very different from entrusting a complicated divorce to someone who is learning significant portions of family-law practice while handling the case.

Ask More Than “What Do You Charge?”

Cost absolutely matters. Clients should understand how their lawyer bills and should expect their attorney to make reasonable efforts to control unnecessary expense.

But hourly rate should be only one factor.

Before hiring an Illinois divorce attorney, consider asking:

How much of your practice is devoted to family law?
How long have you practiced divorce and family law?
How frequently do you appear in court?
Have you tried cases involving issues similar to mine?
Who will actually perform the work on my case?
If a younger lawyer works on my case, who supervises that attorney?
How do you approach settlement?
How do you control litigation costs?
Are you prepared to try the case if settlement fails?
What problems do you see in my case that I may not have considered?

The answers may tell you considerably more than the hourly rate.

Good Divorce Representation Is About Judgment

Most clients do not need the most aggressive lawyer they can find. They need a lawyer with sufficient experience to know when aggression helps and when it hurts .

They need someone who can identify the issues that matter, avoid unnecessary battles, recognize financial problems, protect the relationship with the children, negotiate intelligently, and prepare for trial when necessary.

Experience does not guarantee a particular result. No responsible divorce attorney should promise one.

But experience can reduce the likelihood of avoidable mistakes—and in divorce, avoiding the wrong mistake can sometimes be more valuable than winning the right argument.

LSR Family Law Group

At LSR Family Law Group, we believe effective divorce representation requires more than knowing the law. It requires judgment developed through years of handling negotiations, contested hearings, trials, parenting disputes, complex financial issues, and post-divorce litigation.

When appropriate, work can be delegated within the firm to control costs. But important strategic decisions should be guided by attorneys with the experience necessary to understand not only the immediate issue, but also how today's decision may affect the ultimate outcome of the case.

Choosing a divorce attorney should therefore involve more than comparing hourly rates.

The least expensive lawyer at the beginning of a divorce is not always the least expensive lawyer when the divorce is over.

What Happens to Retirement Accounts During an Illinois Divorce?

Tue, 25 Aug 2026 13:11:03 GMT

For many couples, retirement accounts represent years—even decades—of disciplined saving. During an Illinois divorce, these assets are often among the most valuable parts of the marital estate, making it essential to understand how they may be divided.

Illinois follows the principle of equitable distribution , meaning marital property is divided fairly rather than automatically split equally. Depending on when retirement contributions were made and the specific facts of your case, retirement savings may be classified as marital property, non-marital property, or a combination of both.

Whether you're preparing to file for divorce or negotiating a settlement, understanding how retirement assets are treated can help you protect your financial future and avoid costly mistakes.

Are Retirement Accounts Considered Marital Property?

One of the first questions in any divorce involving retirement savings is whether those assets are considered marital property.

Generally speaking:

Contributions made before the marriage are often considered non-marital property.
Contributions made during the marriage are generally considered marital property.
Investment growth attributable to marital contributions may also be subject to division.

For example, if one spouse opened a 401(k) before getting married but continued making contributions throughout the marriage, only the marital portion may be subject to division.

Determining what portion is marital often requires reviewing:

Retirement account statements
Employment records
Contribution histories
Account valuations

Every situation is unique, making careful financial analysis an important part of the divorce process.

Types of Retirement Accounts That May Be Divided

Illinois divorces can involve many different retirement assets, including:

401(k) plans
Traditional IRAs
Roth IRAs
Pension plans
403(b) plans
Government retirement plans
Military retirement benefits (subject to federal law)

Each type of retirement account has its own legal and tax considerations. Some require court orders before funds can be transferred, while others follow different federal guidelines.

Understanding these differences before negotiating a settlement can help reduce the risk of unexpected financial consequences.

Understanding Qualified Domestic Relations Orders (QDROs)

Many employer-sponsored retirement plans require a Qualified Domestic Relations Order (QDRO) before retirement benefits can be divided.

A QDRO is a court-approved order that instructs the retirement plan administrator how benefits should be distributed according to the divorce judgment.

A properly prepared QDRO can help:

Divide retirement benefits correctly
Avoid unnecessary taxes and penalties
Comply with federal law
Protect both spouses' legal interests

It's important to remember that not every retirement account requires a QDRO. Individual Retirement Accounts (IRAs), for example, are generally transferred using different procedures.

Because mistakes involving retirement transfers can be expensive, it's wise to understand the legal requirements before finalizing any settlement.

Factors That Can Affect Retirement Account Division

No two divorces are exactly alike.

When dividing retirement assets, Illinois courts may consider several factors, including:

Length of the marriage
Overall marital estate
Existing marital agreements
Each spouse's financial circumstances
Other property awarded during the divorce
Future financial needs

Rather than looking at retirement accounts in isolation, courts consider the overall division of marital property when determining what is equitable.

As a result, one spouse may retain a larger portion of a retirement account while the other receives different assets of similar value.

Expert Insight

Retirement accounts should never be evaluated solely by their account balances. Two accounts with identical values may have significantly different after-tax values depending on how withdrawals are taxed. Understanding those differences before negotiating a settlement often leads to more informed financial decisions.

Don't Ignore the Tax Consequences

Taxes are often one of the most overlooked aspects of retirement account division.

Potential considerations include:

Federal income taxes
Early withdrawal penalties
Required minimum distributions
Future tax obligations

For example, a Traditional IRA and a Roth IRA may show identical balances but produce very different amounts of spendable income after taxes.

Reviewing retirement assets carefully before finalizing a settlement can help prevent unpleasant financial surprises later.

Common Mistakes to Avoid

Retirement savings often represent years of planning, making it important to avoid costly errors during divorce.

Common mistakes include:

Assuming retirement accounts are divided equally
Forgetting to obtain a required QDRO
Ignoring tax implications
Overlooking survivor benefits attached to pensions
Failing to distinguish marital and non-marital contributions
Accepting a settlement without understanding its long-term financial impact

Taking the time to carefully evaluate retirement assets before signing a settlement agreement can help reduce future disputes and better protect your financial future.

Frequently Asked Questions

Are retirement accounts automatically divided equally in an Illinois divorce?

No. Illinois follows equitable distribution, meaning marital property is divided fairly based on each family's circumstances rather than automatically being divided 50/50.

Does every retirement account require a QDRO?

No. Employer-sponsored retirement plans often require a Qualified Domestic Relations Order, while IRAs generally follow different transfer procedures.

Are retirement contributions made before marriage protected?

In many cases, yes. Contributions made before marriage are generally considered non-marital property, although contributions and growth during the marriage may still be subject to division.

Can dividing retirement accounts create tax consequences?

Yes. Depending on the type of retirement account and how transfers are completed, taxes and penalties may apply. Understanding these issues before finalizing a settlement is important.

Should I consult a family law attorney before negotiating retirement assets?

Absolutely. Retirement savings are often among the largest assets involved in a divorce. An experienced family law attorney can help you understand your legal rights and avoid costly financial mistakes.

Speak With an Illinois Family Law Attorney

Retirement accounts are often one of the most valuable assets involved in an Illinois divorce. Understanding how they're classified, valued, and divided can help you make informed decisions that protect your long-term financial future.

At LSR Family Law Group, we provide experienced representation for clients throughout Wheeling, Northbrook, Arlington Heights, Buffalo Grove, Glenview, Schaumburg, Mount Prospect, Glencoe, Wilmette, Cook County, Lake County, Kane County, and McHenry County. Whether your divorce involves retirement savings, business interests, parenting issues, or other complex family law matters, we're here to help you navigate the process with confidence.

Contact LSR Family Law Group

Contact Our Office

Schedule a confidential consultation with LSR Family Law Group to discuss your divorce or family law matter. The firm's attorneys provide practical legal guidance and personalized representation tailored to your family's unique needs.

Illinois Child Support Is Changing in 2027: A Plain-English Guide for Parents

Mon, 10 Aug 2026 20:35:00 GMT

Illinois has passed a new child-support law, Public Act 104-0733, which takes effect on January 1, 2027. The law changes sections 505 and 510 of the Illinois Marriage and Dissolution of Marriage Act. Its biggest changes involve shared parenting time, low-income support orders, incarcerated parents, and the exchange of income information.

The new law does not automatically change every existing child-support order. A parent will generally still need a legal basis to modify an existing order. The fact that Illinois changed the law is not, by itself, enough to reopen an old support order.

The shared-parenting threshold will drop from 146 to 110 overnights

Under the current law, Illinois uses its special “shared care” child-support formula only when each parent has at least 146 overnights per year with the child.

Starting in 2027, the shared-care formula will apply when each parent has at least:

110 overnights per year , or
110 “overnight equivalents.”

This means the special formula may apply when a parent has the child about 30% of the year, rather than the approximately 40% required under the old law. Public Act 104-0733, §5, amending 750 ILCS 5/505(a)(3.8).

Reaching 110 overnights does not mean that no child support will be paid. The court will still consider both parents’ incomes and how much time the child spends with each parent. The parent with the higher income may still owe support, even when parenting time is close to equal.

The new law keeps the existing shared-care calculation, including the 1.5 multiplier. The parents’ separate support obligations are calculated and then compared. The parent with the larger obligation generally pays the difference.

The law tries to avoid a sudden drop at one particular number

The old law created a major dividing line at 146 overnights. A parent with 145 overnights did not automatically qualify for shared-care treatment, while a parent with 146 did.

The new law still gives some weight to the difference between 110 and 146 overnights. When a parent has fewer than 146 overnights, the parent’s shared-care calculation is increased according to this table:

Annual overnights

110–114

115–119

120–124

125–129

130–134

135–139

140–145

Increase

10%

In plain English, the adjustment is larger when a parent is closer to 110 overnights and becomes smaller as the parent approaches 146. The final adjusted amount cannot be greater than the amount that would have been ordered under the regular child-support formula.

Daytime parenting may sometimes count like an overnight

The new law introduces the idea of an “overnight equivalent.”

An overnight equivalent may be used when a parent has significant parenting time on a separate day, personally cares for the child, but does not keep the child overnight. The parents may agree that this time should count, or a judge may recognize it as a reason to depart from the usual guidelines.

For example, a parent may regularly pick up the child after school, provide dinner, help with homework, and care for the child until late evening before returning the child to the other parent. Under the new law, that arrangement may receive more attention than it did under the old overnight-only system.

The difficulty is that the law does not explain:

How many daytime hours equal one overnight.
What “significant” parenting time means.
Whether time at school, daycare, or activities counts.
How cancellations or schedule changes should be handled.

Parents negotiating an agreement should describe any overnight equivalents in detail. Simply writing that “daytime visits will count” may create a future dispute.

What does “rebuttable presumption” mean?

The new law uses the phrase “rebuttable presumption” several times.

A rebuttable presumption is simply the court’s starting point . The judge begins by assuming that a particular result should apply. But that result is not automatic or permanent. A parent may present evidence showing that a different result would be fairer or more appropriate.

For example, Illinois begins with the assumption that the amount produced by the child-support guidelines is the correct amount. A judge may order something different, but the judge must have a reason and must explain that reason in writing.

More low-income parents may qualify for a minimum support order

Under the old law, the court generally starts with minimum support of $40 per month per child , up to a total of $120 per month, when the paying parent’s income is at or below 75% of the federal poverty guideline for one person .

The new law raises that income limit from 75% to 100% of the federal poverty guideline . This means more very-low-income parents may qualify for the minimum-order starting point. Public Act 104-0733, §5, amending 750 ILCS 5/505(a)(3.3a).

Because this is a rebuttable presumption, the $40 amount is the starting point—not an unavoidable result in every case.

The law also keeps the separate starting point of a zero-dollar order for certain parents who have no income, receive only means-tested public benefits, or cannot work because of a medically proven disability, incarceration, or institutionalization.

A new procedure will apply when a parent is incarcerated

When a parent will be incarcerated for more than 180 consecutive days , the new law begins with the assumption that the parent cannot pay child support.

That assumption can be challenged. For example, the other parent may show that the incarcerated parent has substantial income, investments, property, or other assets that can still be used to support the child.

A party or the Illinois Department of Healthcare and Family Services may file a notice of incarceration. If no written objection is filed within 45 days, the support obligation may be reduced to zero as of the date of the notice. If someone objects, the court must hold a hearing.

After release, the law generally provides for support to resume at the statutory minimum after 90 days. Either parent may still ask the court to set a different amount based on the parent’s actual income and ability to pay.

This procedure may prevent the buildup of large support debts that an incarcerated parent had no realistic ability to pay. The disadvantage is that the parent caring for the child may receive no support during the incarceration even though the child’s expenses continue.

Parents will have to exchange income information every year

Orders entered under section 505 will have to require both parents to exchange written information verifying their net income every year.

Parents must also continue reporting new employment or the loss of employment within 10 days. For new employment, the information must include the employer’s name and address. Public Act 104-0733, §5, amending 750 ILCS 5/505(h).

The law does not state:

The date on which the annual exchange must occur.
Which documents must be exchanged.
Whether tax returns, pay statements, W-2s, 1099s, or business records are required.
Whether support changes automatically after the information is exchanged.

A well-written settlement should answer those questions. For example, it could require an exchange every April 15 and list the exact documents each parent must provide.

How the law may help settlement negotiations

The new law may make settlements easier because it reduces the importance of the old 146-overnight cutoff. Parents with substantial parenting time will no longer face an all-or-nothing jump between 145 and 146 overnights.

The law may also produce fairer results for parents who provide substantial daytime care but do not always have the child overnight. Annual income exchanges should make it easier to identify major raises, job changes, bonuses, or other income changes.

The new rules for low-income and incarcerated parents may also encourage more realistic support orders instead of orders that cannot reasonably be paid.

How the law may make settlements harder

The financial importance of reaching 110 overnights could make parenting-time negotiations more difficult. A parent may be accused of asking for additional time mainly to reduce child support. The other parent may be accused of resisting additional time mainly to preserve support.

Overnight equivalents may become another source of disagreement. Parents may argue over whether an afternoon, evening, or weekend day is long enough to count.

The parent maintaining the child’s main home may also object that many expenses do not decrease when the child spends additional time elsewhere. Rent, mortgage payments, utilities, clothing, school expenses, and transportation costs often continue regardless of the exact overnight count.

For that reason, parents should not negotiate only about the basic support number. They should also address health insurance, medical bills, childcare, school costs, extracurricular activities, transportation, and other major child-related expenses.

Challenges courts are likely to face

Illinois courts will need new worksheets and calculation software for the 110-to-145 overnight adjustments. The Department of Healthcare and Family Services is responsible for issuing the shared-care worksheets.

Judges will also have to decide what qualifies as an overnight equivalent. Disputes may arise over scheduled parenting time versus time actually exercised, children who have different schedules, changing work shifts, missed visits, and daytime care provided partly by relatives or childcare providers.

Courts and clerks will also need procedures for incarceration notices, 45-day objections, release dates, and the resumption of support. Annual income exchanges may create enforcement disputes because the law requires the exchange but does not specify a uniform date or document list.

The main takeaway

Beginning January 1, 2027, Illinois will recognize shared parenting for child-support purposes at 110 overnights instead of 146 , allow certain significant daytime periods to count, expand minimum-order treatment for low-income parents, create a new incarceration procedure, and require annual income disclosures.

The changes may produce more flexible and realistic support calculations. They will also make precise parenting schedules and carefully written settlement agreements more important than ever.

This article provides general information about Illinois law and is not legal advice for any particular case.

7 Signs It's Time to Speak With a Family Law Attorney in Illinois

Mon, 10 Aug 2026 13:32:14 GMT

Family legal issues often arise when emotions are running high and important decisions need to be made quickly. Whether you're considering divorce, dealing with parenting disputes, or facing financial concerns after a separation, knowing when to seek legal guidance can make a significant difference in the outcome of your case.

Many people wait until a situation has escalated before contacting an attorney. Unfortunately, delaying legal advice can lead to avoidable mistakes, unnecessary stress, and missed opportunities to protect your rights. Speaking with an experienced family law attorney in Illinois early in the process allows you to understand your legal options, prepare for what's ahead, and make informed decisions for yourself and your family.

If you're wondering whether it's time to consult a lawyer, here are seven common signs that professional legal guidance may be the right next step.

You're Considering Divorce

Ending a marriage is rarely as simple as signing paperwork. Divorce often involves important decisions about property division, parenting responsibilities, child support, spousal maintenance, and other legal issues that can affect your future for years to come.

Speaking with a family law attorney before filing can help you better understand:

Illinois divorce laws
Your legal rights and responsibilities
Property and debt division
Parenting-related issues
The divorce process and possible timelines

Understanding these issues before taking legal action can help you avoid unnecessary complications and better prepare for the decisions ahead.

Child Custody or Parenting Time Has Become Difficult

Disagreements involving children can quickly become one of the most stressful aspects of a separation or divorce.

You may benefit from legal guidance if disagreements involve:

Parenting schedules
School selection
Medical decisions
Holiday parenting time
Relocation requests
Communication between parents

Illinois courts focus on the best interests of the child when determining parenting responsibilities. Understanding how these legal standards apply to your circumstances can help you make decisions that support your child's well-being while protecting your parental rights.

You're Concerned About Protecting Your Financial Future

Family law matters often involve financial decisions that can have lasting consequences.
Common concerns include:

Retirement accounts
Marital assets
Real estate
Business ownership
Joint debt
Child support
Spousal maintenance

Understanding your financial rights before agreeing to a settlement can help prevent costly mistakes that may affect your future.

Expert Insight

One of the most common mistakes people make is agreeing to a settlement simply because they want the divorce process to end quickly. Taking the time to fully understand the long-term financial impact of an agreement often results in more stable outcomes after the case is finalized.

Communication Has Completely Broken Down

Many family law disputes become more complicated when communication between the parties has deteriorated.

Warning signs include:

Frequent arguments
Refusal to cooperate
Hidden financial information
Threats of legal action
Constant parenting disagreements

When productive communication is no longer possible, an attorney can help guide negotiations and explain whether mediation, collaborative law, or litigation may be appropriate for your situation.

You're Facing Domestic Conflict or Safety Concerns

If your circumstances involve threats, harassment, intimidation, or domestic violence, protecting your safety and the safety of your children should always be your highest priority.

Legal remedies may include:

Orders of Protection
Emergency court filings
Temporary parenting arrangements
Emergency parenting orders

If you believe you or your children are in immediate danger, contact local law enforcement immediately before pursuing legal action.

Your Current Court Order No Longer Fits Your Situation

Life changes after divorce.

A parenting schedule or support order that worked several years ago may no longer meet your family's current needs.

Common reasons to seek legal guidance include:

A significant change in income
New employment
Relocation
Changes in parenting schedules
Medical concerns
A child's educational needs

Properly modifying a court order helps ensure it remains legally enforceable and accurately reflects your family's current circumstances.

You're Unsure About Your Legal Rights

Many people delay speaking with an attorney because they assume their situation isn't serious enough or believe they can resolve everything on their own.

An initial consultation can help you better understand:

Your legal rights
Illinois family law procedures
Available legal options
Possible outcomes
Common mistakes to avoid

Even if you haven't decided to move forward with legal action, understanding your rights gives you greater confidence when making important family decisions.

Why Seeking Legal Advice Early Matters

Waiting too long to consult a family law attorney can make legal matters more complicated than they need to be. Early legal guidance allows you to organize important information, understand your legal rights, prepare for negotiations, and avoid common mistakes before they become larger problems.

Whether you're considering divorce, facing parenting disputes, or navigating another family law matter, seeking legal advice early often leads to better preparation and more informed decision-making.

Frequently Asked Questions

When should I hire a family law attorney in Illinois?

You should consider speaking with a family law attorney as soon as you anticipate a legal issue involving divorce, parenting responsibilities, child support, spousal maintenance, or another family law matter. Early legal guidance can help you understand your rights and prepare for the legal process.

Can I speak with an attorney before filing for divorce?

Yes. Many people schedule an initial consultation before filing so they can understand Illinois divorce laws, organize financial information, and discuss their legal options before making major decisions.

Do I need an attorney if my divorce is uncontested?

Even if both spouses agree on major issues, an attorney can review the agreement, explain your legal rights, and help ensure your documents comply with Illinois law.

How long does a family law case take?

Every case is different. The timeline depends on the complexity of the legal issues, whether the parties can reach agreements, and the court's schedule.

Why choose LSR Family Law Group?

LSR Family Law Group focuses exclusively on family law matters and provides attentive service, practical legal advice, and personalized representation. The firm is committed to helping clients throughout Wheeling and the surrounding Chicago suburbs navigate difficult family law matters with confidence.

Speak With an Experienced Illinois Family Law Attorney

Family law matters can have lasting effects on your future, making it important to understand your legal rights before making significant decisions. Whether you're considering divorce, dealing with parenting disputes, or facing another family law issue, experienced legal guidance can help you move forward with confidence.

At LSR Family Law Group, we proudly serve clients throughout Wheeling, Northbrook, Arlington Heights, Buffalo Grove, Glenview, Schaumburg, Mount Prospect, Glencoe, Wilmette, Cook County, Lake County, and DuPage County. Our attorneys provide practical legal advice, personalized representation, and attentive service tailored to each client's unique circumstances.

Contact LSR Family Law Group

Contact Our Office

Schedule a confidential consultation with LSR Family Law Group to discuss your family law matter. The firm provides experienced legal representation for divorce, parenting disputes, child support, mediation, and other family law issues throughout the greater Chicago area.

Is It a Bad Sign If You Had Another Divorce Lawyer Before Calling Us

Mon, 13 Jul 2026 21:44:06 GMT

Not necessarily. In fact, it happens more often than people think.

At LSR Family Law Group, many of our clients come to us after previously hiring one — and sometimes more than one — divorce lawyer. That does not automatically mean the client is difficult, unreasonable, or the problem. Divorce is one of the most stressful events a person can go through. The lawyer-client relationship in a divorce case requires trust, communication, honesty, and a plan that makes sense for that client’s life.

Sometimes that relationship simply breaks down.

One of the most important things a divorce lawyer can do is listen. Really listen. Every client comes into a divorce case with their own concerns, fears, priorities, and goals. Some are worried about their children. Some are worried about financial survival. Some are concerned about protecting a business, a home, retirement, or their reputation. Others just want the conflict to end.

There is no one-size-fits-all divorce strategy. A good plan has to be custom tailored to the client, the facts, the law, and the realities of the courtroom.

That also means having tough conversations when necessary. Sometimes a client’s goals do not line up with the facts of the case or what Illinois law allows. When that happens, the answer is not to ignore the problem, overpromise, or tell the client only what they want to hear. The better approach is to explain the legal landscape clearly, discuss the risks, and help the client develop realistic goals that can actually be pursued.

Those conversations are not always easy. But they build trust.

Many divorce firms do not take enough time to listen to the client, understand what matters most, or help the client develop a realistic strategy. When clients feel unheard, confused, or surprised by what is happening in their case, dissatisfaction grows. Eventually, trust and confidence break down. That is often when the client decides to make a change.

Hiring a new lawyer during a divorce is not something most people do lightly. It usually means the client knows something is not working and wants a better path forward.

At LSR Family Law Group, we understand that. We do not assume that a client who had prior counsel is the problem. We start by listening, learning the history of the case, identifying what went wrong, and building a plan designed around the client’s goals and the realities of the case.

Sometimes a fresh start with the right lawyer makes all the difference.

Father's Rights Tips

Mon, 13 Jul 2026 21:40:27 GMT

While traditionally mothers were favored in custody disputes, as a father, you do have rights to your child. Following are 10 tips for fathers in a divorce case to learn how to protect yourself.

Think carefully before leaving your home when you decide to divorce: If you leave your home and children, it may be more difficult for you to negotiate to either get the home back or get access to your children back on a full-time basis.
Keep careful records of who cares for your child: While mothers have long been favored in custody disputes, trends may change as fathers take on more of the role of caregivers. In some cases, fathers are the primary caregivers in fact. If you are very involved in the day-to-day care of your child, that may impact the custody agreement the judge determines is appropriate.
Collect evidence of paternity as soon as possible: If you believe paternity is going to be questioned, get a copy of your child’s birth certificate and/or of any other evidence that you have that shows you are the child’s father
Request a DNA test if there is a dispute: While this doesn’t come up as often in marriage dissolution, paternity can still be disputed at times during custody cases. You may wish to consider getting a paternity test if you believe your ex-wife will question whether you are really the child’s father.
Always pay child support as mandated: It may be tempting to withhold child support if your spouse is preventing you from seeing your child, but doing so can make you susceptible to a court order or contempt of court. It can also hurt your rights in a custody case.
Comply with court orders and don’t break any laws- While you may not be happy if you are initially granted limited visitation, make sure to comply with all court rules. Don’t take your child from the state without permission or do anything else that might be illegal, as this can land you in jail and can make it hard for you to get custody.
Hire an attorney experienced in protecting father’s rights: Your divorce attorney should have specifically worked with fathers before and should have experience in custody fights.
Secure witnesses who can attest to your care of the child: If you and your spouse really can’t agree and the court has to decide on custody, the judge may request you call witnesses who can testify to your parenting skills. Ask people to be witnesses on your behalf early. Neighbors, teachers and other caregivers may all be able to tell the court how good a father you are, making it more likely you will be treated favorably in a custody dispute.
Understand the custody arrangements and laws available: Each state has different rules and laws, but there are some common types of custody arrangements such as joint custody or partial custody. Understand the language as far as what each type of custody arrangement means.
Do not agree to anything you don’t think is fair unless the court mandates you do so: While you may want to just end the custody battle, especially if it drags on for a long time, don’t give up custody of your child without a fight.

Different approaches to divorce: Mediation and collaboration

Thu, 25 Jun 2026 17:11:50 GMT

Mediation and Collaborative Process are two alternatives worth considering as couples decide how to approach their divorce.

Mediation and collaboration are different approaches to divorce

When it comes to legal procedures, most people only know what they see on TV. There’s an opening scene, where all the parties are identified and the disputes are explained. Perhaps there will be an intervening scene, where a police detective is doing some investigation. But invariably, the next scene is when everyone is in the courtroom and the lawyers are yelling at the witnesses trying to get them to “confess.”

In reality, trials, and getting ready for them, are a lot more complicated than what you see on TV. Motions are typically filed to clearly define the parties and issues. Then, discovery follows, during which each party asks the other questions, the parties exchange documents, and witnesses are deposed. After discovery is completed the judge, if s/he’s any good, tries to help the lawyers settle the case by conducting pretrial(s). If settlement is unsuccessful, the trial starts. Depending on the complexity and number of issues, it could take months.

Statistics studies indicate that in divorce approximately 96 percent of cases settle. The question is, where along the continuum of case life does the settlement occur? The two parties may have incurred $1,000 or $100,000 in legal fees before they are each ready to consider compromise and reprioritize their goals.

To avoid the uncertainty of the litigation process and maintain greater control over time and cost associated with the divorce experience, couples are increasingly turning to nontraditional or “alternative” dispute resolution processes. Among them are primarily mediation and collaboration.

Mediation

Mediation is an informal process in which the spouses meet with an impartial and neutral individual who helps facilitate communication. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and breakout sessions with spouses, the mediator helps both sides define the issues clearly, understand each other’s position, and move closer to resolution.

Most often, mediations start with a joint session used to set the ground rules and an agenda. The joint session also helps define the issues and determines the parties’ positions. If joint sessions become tense, the mediator may separate the spouses and carry messages — offers, counter offers, questions, demands, and proposals — between both sides to help the spouses move closer to resolution.

The mediator has no authority to decide the settlement or even compel the parties to settle. Mediation is nonbinding until parties agree on a resolution. If the matter does not settle, the claimant has preserved the right to pursue litigation or arbitration.

Collaborative Process

In Collaborative Process, spouses are typically each represented by an attorney who is a trained mediator and certified as a collaborative professional. As in mediation, there is an initial meeting to elicit each party’s goals and concerns and approve a set of rules in the form of a Participation Agreement.

Collaboration is a multidisciplinary process. That means the spouses can agree to hire neutrals to assist in the resolution of disputed issues. A child specialist can make recommendations on allocation of parental responsibilities. A financial neutral can help the parties identify, value, and allocate assets. And, a coach can help the parties address emotional conflict that may impair their ability to function in the meeting environment.

The difference between mediation and collaboration is that attorneys are present at collaborative meetings and typically do not attend mediation sessions.

Both processes result in decisions on terms that may be more creative and tailored to the particular needs of the family than a judge may be able to order. Once final terms are set, they must be crafted into final settlement agreements and approved by a court before they can become final and enforceable.

If you have questions about which divorce process is best for your family, please call us for a consultation. We may be able to save you thousands of dollars in legal fees and a great deal of anxiety.

Top 5 tips for completing your Financial Affidavit

Thu, 25 Jun 2026 17:08:46 GMT

Most people find the process of completing their Financial Affidavit daunting. If you follow a few simple procedures, the result will be a less frustrating experience and a disclosure that fosters settlement. Please call us with any questions, at 847-412-9950. We are here to help.

1. Collect your records

Before you begin inserting information into the Financial Affidavit, collect your documents that reflect your income and expense receipts. Also, locate your most recent statements for all accounts (retirement and investment as well as debts).

2. Calculate income and expenses — create average monthly figures

After collecting your documents, look at your income receipts. Under Illinois law, income is a broadly defined term that includes not only wages but certain retirement distributions and gifts. Unless maintenance or child support received are from a separate case, do not include them in your income calculations. I generally recommend using a year’s worth of data when possible. If you are in the middle of the year, use five to six months’ worth. Calculate the average and use the average number as the income and deductions from income figures. Then, do the same with all expenses. I also explain how I derived the income and expense figures in the Additional Information Page to the Affidavit. I generally recommend that if you are not paying an expense or don’t have proof of payments, it is best not to list that expense.

3. List all assets

Review bank (checking and savings), brokerage, retirement and other account statements. Use the most current statement values available when disclosing your assets in the Affidavit. When dealing with real estate, the best source of value evidence is an MAI (Member Appraisal Institute) appraisal. When that is not available, use Zillow or similar valuation data. Just make sure you disclose the source of the data in the Additional Information Page. If you received property from inheritance or gift, include those assets as well but make sure you identify the assets as non-marital.

4. List all debts

Mortgages, credit card balances, student loans, personal loans and other debts should all be listed. Use the most recent statement balances. Average monthly payments on all installment accounts (again, using 5-6 months of data) should be calculated and inserted.

5. Make sure the monthly income and expenses balance

A common mistake many lawyers and parties make in completing the Affidavit is listing expenses that far exceed monthly income. Unless monthly expenses are being paid by credit cards, loans or savings withdrawals (and proof is available), the expense totals will likely be challenged by the other lawyer and discounted by the court.

Considering a prenup? Follow this checklist

Thu, 25 Jun 2026 17:07:19 GMT

A prenuptial agreement serves as an important tool for a soon-to-be-married couple to plan for potential legal and financial issues that may arise from differing viewpoints and expectations in a marriage.

As their wedding date approaches, many couples seek premarital counseling to head off potential relationship problems. Unfortunately, these same couples often do not take time to consider or plan for potential legal and financial issues they may eventually face. A prenuptial agreement serves as an important tool to flesh out these potential problems, which often arise based on differing viewpoints and expectations in the marriage.

LSR Family Law Group has developed the following checklist of questions and considerations to begin the prenup conversation. Completing this checklist will help both partners develop an effective prenuptial agreement based on realistic expectations. The goal is for both partners to feel reassured that financial and legal concerns are addressed before the marriage begins. Bring this checklist to your consultation with your LSR Family Law attorney.

Prenuptial Agreement Checklist of Considerations

1. Premarital assets, debts, and obligations and other non-marital property

What are the premarital assets and debts? Full disclosure is required.
How will premarital assets and debts be handled during the marriage and in the event of the divorce?
What if one spouse’s premarital property is used to pay off premarital debts or marital debts?
Obligations: What if one spouse has an obligation to pay child support from a previous marriage? Will it be paid from marital property/income or premarital assets/income?
Income-generating property: How will you handle income-generating premarital property during the marriage?
Inheritances, interest in trust, gifts from families, gifts in contemplation of marriage
Premarital cohabitation: If there was a period of premarital cohabitation, how do you want to treat property acquired during this period? Is it joint property or premarital property of each spouse?
Nonmarital business interests: How will those business interests be operated during the marriage? How will income from nonmarital business interests be treated during the marriage?

2. Marital property and ownership of such property

Property acquired during the marriage: Does a spouse wish to define marital property differently from what the law presumes?
Ownership issues: How will you want to title the property, in one spouse’s name or jointly?
Gifts from families: will such gifts be considered marital property or the property of the spouse whose family gave the money?

3. Management of assets and income

In whose accounts will bank accounts and financial accounts be held? Other marital property?
Any concerns regarding the other spouse’s spending/saving habits?
Discussion of long-term financial goals and priorities and expectations of contribution of each spouse
Normal living expenses: Do you wish to specify who is going to be responsible for normal living expenses? If so, will the arrangement change if there are changes in employment?
Taxes: How will taxes be filed — any special considerations?
Higher education: Any special agreements as to higher education for a spouse during the marriage?
Business ownership issues: Indemnification of business debts/taxes; type of business ownership; ability of spouse to determine own income; provisions for forensic accounting in the event of separation or dissolution of marriage; other business issues
Investments: Approaches; pre- and post-marriage classification

4. Marital debts

Consider joint credit issues: Positions on pledging marital property as collateral, taking out home equity line of credit (HELOC) on the marital home (especially in the event there are premarital contributions)
Form of obligations: Which spouse shall take on the obligation? Will both?
Joint credit obligations: How will these be handled? Any agreements as to paying off marital debts?

5. Contributions to the marriage (financial and other)

Views on nonmonetary contributions
Career expectations, income expectations, career changes
Retirement plans: When does each spouse plan on retiring? What are each spouse’s expectations for the other spouse?
Child-rearing expectations

6. Spousal support in the event of divorce

Amount, terms, duration of support in the event of divorce, and limitations thereto: Will there be temporary spousal support pending resolution of a dissolution action, post-dissolution support? Lump sum, monthly? Or will there be permanent support? Alternatives to spousal support (i.e., buyouts)

7. Rights on death of the spouse, disability of the other spouse

Timing: Rights if separated but haven’t formally filed for divorce
Life insurance
Beneficiary designations on retirement plans, IRAs, pension plans, annuities
Disability insurance, long-term care insurance
Estate planning: Comprehensive estate plan after wedding, considerations for children of prior relationships, and/or present relationship

8. Duration of prenup

How long do you want the prenup to be in effect: For the life of the marriage? Or do you want the agreement to expire after a certain period?

9. Attorney’s fees

In the event the agreement is challenged by either party, do you want to include a provision making the challenging party entirely responsible for the other’s attorney’s fees if their challenge is unsuccessful? If not, what would you like to include, if anything, regarding attorney’s fees?

10. Full disclosure of financial assets (exhibits listing all current assets and liabilities)

Lists from both parties detailing separate property and debts

Approximate values of each party’s separate property, and any property already co-owned by the parties, should any exist

Approximate value of each party’s separate secured and unsecured debt, and any joint debt, should it already exist

Examples of property disclosures:

- Financial Affidavit

- Last three years of tax returns, with all schedules and attachments

- A current monthly statement for every bank account, money market account, certificate of deposit, stock, bond, or investment account

- Identification of all real estate owned, the fashion in which title is held (i.e., joint tenancy, trust, etc.), along with the current mortgage balance(s), home equity loans or lines of credit, appraised value, and appraisals, if any

- Car titles, loan balances, and estimates of values, title document demonstrating the manner in which title to the vehicle is held

- Most recent statements from any retirement account, whether qualified (ERISA) or not, along with loan balances; existing projected benefit upon retirement; any waiver of interest forms for spouses post-marriage

- Jewelry and personal property appraisals (look to homeowner’s insurance policies). These include art, antiques, and collections.

- Identification of family heirlooms, particularly any gifted to the fiancée for which return is going to be provided.

- Business tax returns, profit and loss statements, balance sheets for three years. Copy of the owner’s stock certificate, or some similar designation of ownership percentage/interest, or business valuations, if any.

- Life insurance policies, including loan information.

- Monthly statement from credit card, installment, or other debts and obligations.

If there was a prior marriage, the judgment for dissolution of marriage, marital settlement agreement, and parenting agreement from any prior marriage that details each spouses’ financial obligations.

Explaining the Illinois Income Shares model

Thu, 25 Jun 2026 17:02:28 GMT

Since 2018, Illinois has used the Income Shares child support model. This article unpacks the amended Income Shares child support guidelines that took effect January 1, 2019.

It's important to understand the Illinois Income Shares child support model

A few years ago, Illinois underwent a change in how child support is determined. When parents do not live together, Illinois law still requires child support to be paid. However, since 2018, Illinois has used the Income Shares child support model. This model considers both parents’ incomes in determining the support amount.

The purpose of this article is to unpack the amended Income Shares child support guidelines effective January 1, 2019 (Pub Act 100 0923 [08/17/18]).

How Income Shares works

Income Shares uses a chart to determine the basic support obligation. The figures in the chart are based on the combined income of both parents. This model strives to approximate the amount of money the parents would spend from their combined incomes if they stayed together. In this model, one parent pays support to the other. Typically, the parent with the majority of the parenting time receives support from the other. (This is not always the case, however. For a detailed discussion on exceptions under Illinois case law, contact your attorney at LSR Family Law Group.)

First, determine percentage of net incomes

Prior to the Income Shares model, the support payor (one who pays support) had their support amount calculated based on a percentage of their net income. The new Income Shares model requires a consideration of both parents’ net incomes.

To determine net incomes, the first task is to determine whether the standardized tax amount or individualized tax amount will be applied.

The standardized tax amount is just as its name suggests: It is the amount of state and federal tax using the standard deduction and it is set out in the Gross to Net Conversion Table published from time to time by the Illinois Department of Healthcare and Family Services. It assumes the taxpayer is single with one personal exemption, with Social Security and Medicare taxes calculated at the Federal Insurance Contributions Act rate. The person who has the majority of the parenting time would also get to use dependency exemptions in calculating their net income.

The individualized tax amount is based on an individual’s calculation of net income. This method is used when one parent has a mandatory retirement contribution through an employer and other factors that deviate from the criteria for calculating the standardized tax amount. This approach can only be used if the parties agree or the court approves it.

Once net incomes are derived for each parent, they are added together. Each parent’s percentage of the combined total is calculated by dividing each parent’s net income by the combined total. For example, if Parent One earns $110,000 net income, and the combined total of both parents’ net incomes is $150,000, Parent One would pay 66.67 percent of the child support obligation. Parent Two would pay 33.33 percent.

The parent receiving support is assumed to be paying the money directly for the benefit of the child(ren). Parent Two does not actually write Parent One a check and it is not offset against Parent One’s support amount.

Next, consult the Income Shares schedule

Now that we have determined each parent’s respective support obligation, the next step in determining the actual child support amount is to refer to the Income Shares schedule based on net income. It is also published by the Illinois Department of Healthcare and Family Services. This spreadsheet lists the amount of support for the applicable number of children. The amounts were developed by taking national averages of expenditures by parents covering 290 categories of typical child expenses. These amounts have not been successfully challenged to date and you should expect that the court will use them in your case.

The amount of combined child support is identified in the spreadsheet for the applicable number of children. To determine each parent’s respective share, the amount of combined support from the spreadsheet is multiplied by the percentage of each parent’s respective obligation.

Exceptions to the Income Shares model

This model has some exceptions. The primary exception is if there is a multifamily adjustment. If one of the parents has a child from a prior relationship, the amount of that parent’s net income would be reduced by the amount of support actually paid by that parent for that child. Effectively, their percentage of the combined net monthly income would decrease and there would be a corresponding decrease in the amount of the total support obligation the parent pays for the child(ren) currently under consideration.

A second exception commonly encountered is when one parent owes a duty of spousal support to the other. In this case, the amount of the maintenance actually paid is deducted from the net income of the spouse who paid it. That same amount is added to the net income of the spouse who receives it. The percentages of the total combined incomes are calculated and multiplied by the amount of the total support obligation.

Another exception is when the parents share the physical care of the child. If each parent has at least 146 overnight parenting events per year, the basic child support obligation from the spreadsheet is multiplied by 1.5 to derive an adjusted or shared-care support amount. This is done because the law assumes actual expenses are higher because many of them are duplicated. The percentages of the parents’ respective obligations for the shared care support amount are then determined. The final step is to multiply each parent’s support obligation by the percentage of overnights the other parent has had. Each parent’s obligation is then offset against the other’s. The one with the higher obligation pays the other the difference.

Special notes about the Income Shares model

It should be noted that the passage of this new law alone does not entitle one parent to seek a review of a child support order entered under the old statute. For the court to allow an application for support review, there will first need to be a determination that other circumstances — unforeseen at the time of the original order — exist. If the initial threshold burden is met, the court will review the child support obligation, applying the new Income Shares model.

The Income Shares guideline formula is the preferred formula judges use to determine support obligations. Although the law allows a judge to deviate from the guidelines, the judge must specify the reasons for the deviation in writing. Suffice it to say, courts do not like to deviate.

Finally, it is important to note that certain child expenses are provided for separately under the new law. Day care, extracurricular activities, and school expenses are some of the most common examples. In cases where these expenses exist, the court will order the parties to share them in the same proportions their respective incomes bear to their combined joint net income.

The goal of this discussion was to help bring some clarity to the new Income Shares child support model. If you have any questions about the new law and how it applies to you, please call any of the attorneys at LSR Family Law Group. We would be happy to arrange a consultation.

What is a prove-up and how should I prepare?

Thu, 25 Jun 2026 17:00:33 GMT

The prove-up is the legal procedure to obtain a divorce judgment and make your settlement agreement effective. Here is what you need to know before your day in court.

How the prove-up works

Assuming all the paperwork is prepared and signed, the parties* and the lawyer(s) appear in court at the appointed time and place. Your court appearance may instead be virtual — conducted via Zoom — depending on the court.

Prior to the court appearance your LSR Family Law Group lawyer will have electronically submitted all the documents to the judge. The petitioner’s lawyer tells the judge that the case is ready to proceed and briefly summarizes the nature of the case. At that point, the judge (or court reporter) will swear in the parties. A court reporter will take down what everyone says and create an official transcript, which then gets filed with the court (and you get a copy).

Questions from the petitioner’s lawyer

The lawyer for the petitioner will ask him/her a series of questions to elicit the information that the judge needs to hear (again, the basic information about names, addresses, date of marriage, and so on) to empower the court to hear the case and grant the divorce. Then, in relatively broad brush strokes, the lawyer presents the highlights of the agreement — both parenting issues and financial issues — as well as some procedural things (discovery and fees are typically also included, usually toward the end).

It is important that the judge knows that the parties affirm that they have provided adequate information about the income and property of the other in order to make an informed decision AND that they do not believe it is necessary to make formal disclosures or conduct a fact-finding process called “discovery.” Most of the questions are designed to elicit simple “yes” answers, although the parties are free to answer in more detail if the question is incorrect in some way. (For example: Is it correct that you and [spouse] were married on [date] at [place] and that your marriage is registered in the county of [name]?)

If there are going to be any questions or issues that are troublesome or that need extra attention, you and your LSR Family Law lawyer will talk about them before court on the day of the prove-up to make sure that you are ready for what is likely to happen. If one or both of the parties waives maintenance (i.e., will not get maintenance), then there is a series of questions about the waiver so that the party and the court are both clear that the waiver was intentional and that the party understands the finality of the waiver. Any special or unusual features to the agreement will usually be highlighted in a series of questions to make sure everyone really understands the provisions.

Learn how expense-sharing platforms can affect your family law case

Thu, 25 Jun 2026 16:57:24 GMT

If you are involved in a divorce or other family law case, keep track of the flow of money through expense-sharing apps such as Zelle, PayPal and Venmo.

Learn how expense-sharing platforms like Venmo and Zelle can affect your family law case

Expense-sharing apps such as Zelle, PayPal, and Venmo are growing in use. If you are involved in a divorce or other family law case, it’s important to be aware of any payment apps your spouse may be using. You should keep track of the flow of money through any apps, especially as you move into the discovery phase of your case.

Is your spouse using an expense-sharing platform?

Can your spouse’s use of expense-sharing platforms such as Zelle, PayPal and Venmo affect the child-support, maintenance and property-allocation components of your divorce? The answer is yes. Too many people are using these services to overlook the possibility that your spouse may be using one of them. And if the use is significant, the exchange of income or property happening can add up to amounts that most certainly could impact your case.

PayPal, Zelle, and Venmo are not new, but their popularity as a convenient way to send and receive money is gaining in popularity. The applications are easily downloadable, and transactions are accomplished quickly with just a few keystrokes.

Zelle and Venmo are used exclusively in the United States. They are peer-to-peer (P2P) digital payment services. PayPal supports payments between 200 different countries and accepts 25 different currencies. When these apps were created, it probably wasn’t with the thought that they could be used to hide assets in a divorce proceeding, but the reality is that they can.

Be aware of differences among expense-sharing platforms

P2P payment portals on expense-sharing platforms are extremely useful tools. Being able to pay anyone, anywhere, anytime is convenient and free. With Zelle you must have a U.S. checking or savings account and link it to your Zelle account.

Venmo is slightly different. It is a social payment app that allows you to exchange funds with other Venmo users. Venmo also differs from Zelle in that it allows you to accumulate funds in a digital wallet for use in later purchases. It also allows you to directly purchase crypto currencies. These funds (and crypto interests purchased with them) would not appear in a bank account. These interests can go unseen in a divorce.

Additionally, although Venmo allows you to have only one account at a time, it does allow you to link more than one phone number and email address. If a Venmo user pays your spouse using an email address or phone number your spouse did not register to their account, the payment will remain pending until the spouse verifies their contact information. Until then, the money is maintained by Venmo, which keeps the funds in a third-party account. This means that if you review someone’s Venmo statements and they have transfers that they haven’t accepted, that money may not be reflected in their balance. Their account could say $0.00 at the date of statement production but significantly increase hours later.

Accessing payment-portal data for the discovery phase

P2P digital payment portals can contain a wealth of important information for divorce cases. However, access to account activity on these apps is not part of standard discovery requests, so some divorce attorneys may not even pursue statements. Some attorneys may not realize that such accounts even exist.

Unlike Zelle, where account transactions show up in bank statements, Venmo is not a bank account or a credit card. Rarely do parties disclose that they use Venmo at all. The discerning and vigilant lawyer should issue additional discovery requests (subpoenas) directly to the administrator of the app. Some administrators — such as Venmo — allow for serving the subpoena digitally.

Positive uses of expense-sharing platforms

Zelle and Venmo can have positive uses in family law cases. Payments can quickly and easily be made for child support, medical expenses, daycare, and reimbursement for extracurricular activities. In cases where payment is disputed, digital portal statements can serve as the proof of payment you may need.

As you think about your assets, remember to consider expense-sharing platforms such as Zelle, PayPal and Venmo. The attorneys at LSR Family Law Group provide expert guidance for the discovery phase in family law cases, including divorce, custody or post-judgment matters. Contact the office to reach Steve Rakowski for a confidential consultation, at admin@lsrfamilylaw.com or 847-412-9950.

Strategies to protect the rights of unmarried cohabitants

Thu, 25 Jun 2026 16:55:22 GMT

Rarely do unmarried partners think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes. Learn how to protect your rights.

Rarely do unmarried cohabitants (relationship partners) think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes.

It is more and more common for people to live together without getting married. Whatever the reasons, people are increasingly choosing to avoid the formalities of a civil union or marriage and are living together in committed partnerships. As time goes by, trust invariably builds and their financial circumstances improve. Comfort levels rise and investments are made in their relationship. Houses and vehicles are purchased. Bank accounts are jointly opened. And, perhaps even children are born and raised with the corresponding sacrifice of one person’s career. But nothing is in writing.

When contemplating marriage or civil union, couples can soften the impact of a potential future divorce by using a prenuptial agreement. Even during a marriage or civil union, parties can work out terms of a future divorce by using a post-nuptial agreement. Rarely, however, do unmarried partners think to put anything in writing to help them unwind their financial entanglements if, or when, the end comes.

What happens to an unmarried, cohabitating couple’s shared assets if one day, one of the partners decides they have had enough and want to move on? Perhaps there is infidelity. Or worse, domestic violence occurs. Or, maybe the couple have just grown irreconcilably apart. Without a written agreement, the process of dividing the assets they worked so hard to accumulate together can be very difficult, and in some instances, impossible.

Rights of unmarried cohabitants are not protected by Illinois law

Illinois law does not recognize the concept of common-law marriage. In states where common-law marriage is recognized, the rights of married persons are extended to the couple on their separation. Not so in Illinois. What this means is that the rules allowing for maintenance, property division, and accountability for secreted assets are not available to unmarried cohabitants.

Recently, legislation has been proposed to extend rights of married persons to unmarried cohabitants. However, the likelihood of such legislation passing in the near future is unlikely.

So, what should unmarried persons and people not in civil unions do to protect their investments when they decide to share common living expenses and incomes? For complicated reasons, certain assets or income cannot be recouped by unmarried partners. (While these issues are beyond the scope of this article, you are invited to contact LSR Family Law Group to begin this conversation.)

For now, let’s focus on a few simple strategies that could protect your investments of time and money and increase the chances you will exit the partnership with some of what you invested.

Start with these strategies to protect your rights

Partnership Agreement: A written agreement defining the relationship as a partnership would be enforceable. This document specifies how to define partnership assets and provides for reimbursement or liquidation rights of partners. Of course, a case may need to be filed to enforce the agreement documents, but the agreement could also include a term requiring the party violating the agreement to pay attorney’s fees incurred by the other.

Titling of Assets: If property is to be acquired, its ownership is proven by a registered document (e.g., car title, deed to land, stock certificate). Be sure to have both partners’ names listed as co-tenants on the registration document. If possible, have the nature of title reflect a tenants-in-common form of ownership, as opposed to joint tenants. Again, a suit may have to be filed to force the division, but co-ownership is provable.

VAP and Adoption: A biological father can sign a voluntary acknowledgement of paternity (VAP) at the child’s birth. For same-sex couples, adoption of a child by the non-biological parent at the time of the child’s birth (or at least prior to relationship breakdown) protects against a later challenge to parenting rights.

If you are in a domestic partnership relationship and want to protect your investment of time or money, don’t wait for what you think will be a more opportune moment to act. The more time that passes, the greater the need for planning. Until legislation is approved extending marital rights to unmarried domestic partners, it is up to the partners to act to protect themselves. Contact Steve Rakowski to discuss all legal options to secure your rights. Reach out to admin@lsrfamilylaw.com or 847-412-9950.

Are personal injury settlements considered marital property in Illinois?

Thu, 25 Jun 2026 16:41:07 GMT

In Illinois, the classification of personal injury settlements as marital or non-marital property varies, and requires careful legal review to ensure fair and equitable outcomes during divorce proceedings.

Classification of personal injury settlements in a divorce requires careful legal review

In the context of divorce, one critical question that often arises is whether personal injury settlements are viewed as marital property. Understanding how Illinois law categorizes these settlements can significantly affect the distribution of assets during divorce proceedings.

Defining marital vs. non-marital property

Under Illinois law, property acquired during the marriage is generally considered marital property and subject to equitable distribution upon divorce. Conversely, non-marital property includes assets that were acquired before the marriage, received as a gift, or inherited. Personal injury settlements can fall into either category, depending on the nature of the injuries and the type of damages awarded.

Key factors in determining the status of personal injury settlements

1. Source of the settlement:

If the personal injury settlement is directly related to injuries suffered during the marriage, it is more likely to be considered marital property. This includes compensation for loss of income or medical expenses incurred during the marriage.
Settlements awarded for pain and suffering, disability, or emotional distress often complicate matters. If these damages compensate for marital-related suffering or loss of consortium, they may also be deemed marital property.

2. Allocation of damages:

Courts analyze the specific components of a personal injury settlement. For example, if a settlement includes amounts for lost wages, medical bills, and pain and suffering, the court may classify the lost wages and medical bills as marital property while potentially treating pain and suffering or emotional distress as non-marital.

3. Intent and use of funds:

How the settlement funds are used post-receipt can influence their classification. If the funds are used for joint marital expenses or reinvested in marital property, this may indicate an intent to treat the settlement as marital property.
Conversely, if the injured spouse segregates the funds and maintains them separately, this may support a non-marital classification.

Relevant case law

Illinois courts have addressed this issue in various cases, often emphasizing the importance of the specific circumstances surrounding each settlement. For instance, in the case of In re Marriage of Shalwatz, the court determined that a personal injury settlement could be deemed marital property if it arose from an injury sustained during the marriage and addressed joint matters, such as household expenses or loss of companionship.

Practical steps for divorcing couples

Consult legal expertise: Given the complexities surrounding personal injury settlements and their classification, hiring an attorney with expertise in both personal injury law and family law is crucial. An attorney can help navigate the nuances and help protect your rights.
Documentation: Maintain clear records outlining the nature of the personal injury claim, the details of the settlement, and how the funds were utilized after the settlement was awarded. This documentation can provide essential evidence in court if disputes arise.

Conclusion

In Illinois, the classification of personal injury settlements as marital or non-marital property depends on various factors — including the source of the settlement, the type of damages awarded, and the intended use of the funds. Each case is unique, underscoring the necessity for careful legal review to ensure fair and equitable outcomes during divorce proceedings.

Consulting with an experienced family law attorney can help provide clarity and guidance in these often-complex matters. Contact Steve Rakowski at LSR Family Law Group to discuss all your options. Reach out to admin@lsrfamilylaw.com or 847-412-9950 for a free consultation.

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