Borsberry Law Offices, P.C.
Schedule a free consultation with just one call. 309-740-7246 888-674-7192

Peoria Family Law Blog

More dads coming out equal in child custody agreements

As families across America recently celebrated Father’s Day, the time may be ideal to touch upon the growing involvement that many men take in their children’s lives. However, despite more involvement from fathers, the vast majority of child custody plans between divorced parents do not necessarily reflect that relationship. Despite this, an increasing number of men in Illinois and across America are fighting for more time with their kids.

The increasing willingness of fathers to take on the responsibility of hands-on child rearing might stem from the fact that women have gained more rights in the workplace. In fact, as women have gained more equal rights in terms of employment, more men have made the switch to staying at home with their children. The number of stay-at-home dads has nearly doubled since 1989.

Former nurse loses child custody of sick son

A mother is currently embroiled in a heated argument over her son’s medical care at an Illinois hospital. Apparently, after she attempted to advocate for his healthcare needs, the hospital informed her that Illinois DCFS would be intervening, and that she had temporarily lost child custody of her son. The teen is currently still at a foster home.

The 16-year-old teenager suffers from neurofibromatosis, a genetic disease that causes tumors to grow throughout his body. Additionally, after a partial amputation of his left leg two years ago, he also deals with convulsions in that same leg. In May 2014, the boy had surgery to remove tumors that had grown in various areas throughout his body, including his spine and leg.

Woman more likely to be held responsible for child support

Divorce can be a tricky business, particularly where children are concerned. Child support can be one of the most divisive elements of a divorce agreement, as some Illinois residents are aware. However, the times are changing and divorce agreements are changing with them -- more and more, it is the woman in the relationship who is required to provide child support for any children of a union coming to an end.

Studies conducted last year revealed that almost 40 percent of American households with children now rely on the mother as the primary breadwinner. This indicates an unprecedented role reversal in the American family unit in which, for the first time, women are in a position of financial authority. However, with this success may come the responsibility of being the superior earner in the relationship.

Heading to court during divorce should be considered carefully

Although movies and TV shows often depict divorces as contentious affairs with both parties waging war in a courtroom, this may not be as factual as it is often depicted to be. A recent estimate puts the number of divorces that are settled outside of court at 95%. When trying to determine whether an Illinois individual should settle a divorce or head to court, there are a few important things to keep in mind.

Taking a keen look at what a couple is arguing about can help determine whether a trip to court is required. For instance, a disagreement concerning shared parenting time or the amount of support likely doesn’t require court and can be hammered out in mediation instead. However, if whether support should even be paid at all is in question, this disagreement might be better suited for the courtroom.

Divorce may affect one's government retirement benefits

During the process of divorce in Illinois, two people normally are focused on trying to retain what they could lose. For instance, marital assets such as bank savings and valuable heirlooms may be a cause of conflict. In addition, the two people might be preoccupied with sorting out how marital property will be divided during the divorce proceeding. However, one thing people may overlook is how the timing of their divorce may affect their government retirement benefits down the road.

It’s worth noting that if a marriage lasts at least 10 years and a person went through a divorce a minimum of two years ago, he or she is eligible for divorced spousal benefits. These benefits come from the Social Security Administration. An individual may claim under the ex-spouse's work record or his or her own benefit, depending on which one is higher.

Child custody might not be so clear for Sherri Shepherd

Despite a recent push toward equal parenting time, some courts still look at child custody in a very traditional light. When not split equally, physical custody in Illinois is generally granted to the primary caregiver while the other parent receives a certain level of visitation. However, a recent divorce between two well-known celebrities might prove to be a little more difficult to determine child custody.

Sherri Shepherd, co-host of the popular daytime talk show "The View", is expecting her second child. She also happens to be legally separated from her television-writer husband, Lamar Sally. The issue of custody over the yet-to-be-born child has already been raised with Sally leading the way.

Cheating during a marriage might impact child custody later on

Across the United States, many jurisdictions still maintain outdated and culturally trivial laws that remain on the books. One such law in Illinois pertains to infidelity committed over the course of a marriage. It is generally known that cheating during a marriage can impact how child custody is determined. Though it may be extremely unlikely to see enforced, our criminal laws actually address the issue of adultery.

Technically, in Illinois it is still possible to be sentenced to jail for cheating on a spouse. According to the law, this act is punishable as a class A misdemeanor. However, the last time that anyone was actually charged and convicted of breaking this law was back in 1943.

Late-in-life divorce on the rise in Illinois

While a recent analysis has demonstrated that the divorce rate for most age groups have either stabilized or decreased, one group is actually divorcing more frequently. As discussed on this blog on Jan. 16, 2014 ("A Gray Divorce Requires Extra Planning for Retirement Stability"), Illinois baby boomers are increasingly leaving behind their decade-long marriages in what some refer to as "silver" divorces. The reasons behind these divorces may vary from their younger counterparts, and concerns for life after divorce may be different as well. One financial aspect that may have been previously overlooked is the division of any retirement savings that the couple accumulated over the course of the marriage.

While the divorce rate has shot up for married couples who are 50 and older, individuals who are 65 and older are five times more likely to divorce than they were in 1970. Some professionals believe that once a couple's children leave the home, some people realize that they desire more than a mediocre relationship for the remainder of their lives. In other instances, some may have just found that marriage only grew difficult, such as one couple that was married for 28 years before divorcing.

Half and half property division may not be equal after all

In most divorces, each party ends up with roughly half of the marital assets. While this may seem fair, it has the potential for unfairly burdening one spouse with assets that may be difficult to get rid of should the need ever arise. When it comes to property division, it's not just how much each person is getting that an Illinois couple should pay attention to, it's also what they're getting.

When a divorcing couple has children, one party is awarded primary custody, even if the time between parents is split relatively evenly. The custodial parent is much more likely to be awarded the family home during divorce proceedings, while their ex receives assets roughly equal to the house's value. To the custodial parent, this might seem like a fair deal. They get to keep the house and the kids have some consistency, but there is often more to consider.

Prenuptial agreement can protect assets during divorce

In an age of increased divorce statistics and late-in-life marriages, prenuptial agreement can still be a touchy subject. As an Illinois couple devotes themselves to a lifelong marriage, it might be difficult to imagine a divorce later on down the road. Indeed, some couples may not even need to think about a prenuptial, but for individuals who have certain assets to protect, a prenup can be an invaluable aid during a divorce.

First thing's first -- it is important to determine whether a couple needs a prenuptial agreement in the first place. If the couple is still young and entering the marriage with roughly the same amount of assets, there may not be much need for the protection that a prenup offers. Instead, this useful tool might be better suited for couples who are slightly older and have had time to work longer, thus acquiring more worthwhile assets.

411 Hamilton Boulevard, Suite 1510

Peoria, IL 61602

P: 309-740-7246

TF: 888-674-7192

F: 309-402-0660

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.