In the last several years, marriage and family issues have been among the top stories of evening newscasts, and a shift is really occurring. According to a recent survey, less than half of American children live in a “traditional” family that consists of a married father and mother, who have never been married to anyone else, and their pure biological children.
Illinois law is struggling to keep pace with these changes. In the last two years, the legislature has radically re-worked both the spousal support and child custody provisions in the Illinois Marriage and Dissolution of Marriage Act (the “Act”).
The bottom line is that when divorce and family law issues touch your household, you need more than just a lawyer. Almost any attorney can read the law and apply it, but a successful result in a family law case requires a special touch.
Recent Changes
Before 2015, Illinois judges had nearly unlimited discretion when setting the amount and duration of maintenance (formerly called “alimony”) payments. In fact, many divorce decrees included “permanent” maintenance awards, which often were designed to equalize the standard of living between the former spouses.
But the wave of maintenance reform that hit New Jersey and a number of other states washed ashore in the Land of Lincoln as well. Now, in most cases, the new Sections 504 and 505 require judges to use a mathematical formula to determine spousal maintenance payments: the amount is a percentage of the payor spouse’s income as compared with the payee spouse’s income; the duration is a multiplier based on the length of the marriage.
The new law reflects a new philosophy. While an element of income equalization remains, spousal support is now designed to assist an economically disadvantaged spouse when transitioning to a new life.
Custody changes effective January 1, 2016 reflect a similar shift. Instead of “custody” and “visitation,” the law now uses phrases like “parental decision-making”, “allocation of parental responsibilities” and “parenting time.” There are other substantive changes to the Act as well, including:
- The modification process has been streamlined in some ways, and made more difficult to access in other ways;
- All marriage dissolutions in Illinois are now no-fault divorces;
- New rules apply to parties contributing to their children’s college expenses; and
- Divorce decrees must include detailed parenting plans.
Despite the changes, the guiding principle with respect to children remains in that all orders must be in the best interests of the children.
He Who Hesitates is Lost
Things happen quickly in most divorce cases. Typically, the judge conducts a preliminary hearing within a few months after the petition is filed, and this hearing is critical. This could impact upon temporary child support, maintenance, division of attorneys’ fees and parenting-related issues.
Many things can happen over the course of the case. Documents produced during discovery may alter the property division and a social worker investigation may change views about child custody and visitation/parenting time. But in most instances, the temporary orders serve as the blueprints for the final orders. Ineffective or no representation at the temporary hearing is a tremendous handicap that is difficult to overcome.
Contact Us Today
An attorney must get to work quickly to protect your legal and financial interests in a changing environment. For a free consultation with an experienced family law attorney in Naperville, contact The Fitzgerald Law Firm P.C. The sooner you call, the sooner we can begin working for you.