Illinois law recognizes that children have a right to an education, and this includes post-secondary education. This means that both parents may be required to contribute to their child’s college expenses, even if the child is over the age of 18 and no longer a minor.
Read MoreUnder Cook County Local Court Rule 13.3.1, in any divorce proceedings and in any other proceedings where maintenance, attorney fees, child support or child expenses, including college expenses, are at issue, a financial affidavit must be completed by both parties. A financial affidavit is a snapshot of your current expenses, income, property, and debts, in that moment when you are filling it out.
Read MoreAlthough children often turn 18 before freshman year of college, divorced parents may still be ordered to contribute to college expenses. Sometimes, though, other family members, like grandparents, will set aside money to contribute to their grandchildren’s post-secondary education.
Read MoreWhen it comes to the division of marital property, Illinois is an equitable distribution state. This means that any property acquired during the marriage, including retirement funds, is considered marital property and is subject to equitable distribution between spouses.
Read MoreMaintenance, formerly known as “alimony”, is financial support provided by one party to another after a marriage. Not every party will be entitled to receive maintenance and certain factors must be considered to determine if maintenance is appropriate.
Read MoreIn domestic relations proceedings, imputing income is a term used to describe the process of assigning a certain amount of income to a parent or spouse for the purpose of calculating child support or maintenance.
Read MoreSection 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the allocation of college expenses between parents and the child attending college. Specifically, this section outlines the factors that a court should consider when determining the allocation of college expenses, as well as the types of expenses that are eligible for reimbursement and allocation between the parties.
Read MoreIt is often discussed what happens when one parent is underpaying the amount of child support that they are ordered to. Although less common, there are occasions where one parent overpays the amount of child support that they are supposed to.
Read MoreIt is generally known that a parent will likely have to provide child support for minor children to their coparent. However, there is also the matter of determining expenses outside of the scope of child support that a parent will need to contribute to and the percentage of that contribution.
Read MoreChild support is a monetary amount owed by one parent to the other for the support of the parties’ shared minor child or children. Child support is set by looking at both parties’ incomes and the amount of overnights each party has with the minor child(ren).
Read MoreMaintenance, formerly known as alimony or spousal support, are funds paid by one party to the other either during a divorce proceeding or post judgment for the other party’s support. Maintenance is awarded to a party after the court considers a variety of different factors.
Read MoreFees and costs are always a hot topic when deciding to retain an attorney. Individuals going through divorce need to also be prepared for other expenses that may come up during divorce proceedings.
Read MoreThe Law Office of Erin M. Wilson is here to ensure that you receive your fair share for the care and support of your children and yourself.
Read MoreA common question many family law attorneys are asked is who will be responsible for the attorney fees in a divorce or custody case?
Read MoreWhich parent will pay for college? It depends! Unlike other support calculations, there is no formula in the law for allocating college; instead, there are factors the court considers. This is typically decided in a child’s senior year of high school or perhaps when the child already begins college.
Read MoreUltimately, it is up to the parties how long the divorce process will take. Different factors will play a role in the length of your divorce.
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