Divorce Attorneys in Arlington Heights, Illinois
Divorce cases can be simple or extremely complex depending on both the facts of a particular case and the applicable laws. For the first time in decades, the divorce laws were rewritten to include some very significant changes.
The most significant changes occurred in 2014 when the legislature completely changed the laws of spousal maintenance (alimony), and as recently as 2016 when the legislature made several significant changes to the Illinois Marriage and Dissolution of Marriage Act that significantly impact parents’ rights on the issues of custody and parenting rights and responsibilities. The attorneys at Moskovic & Associates, Ltd. began reviewing these laws and preparing to help their clients navigate through these changes long before the laws were officially passed and have already successfully represented numerous clients under the new laws.
The firm of Moskovic & Associates, Ltd. is a team of experienced professionals that have the staff and resources necessary to handle your divorce with the attention it deserves. Whether your divorce is contested or uncontested, they provides you with a realistic analysis of the situation, and provide you the knowledge necessary to determine the best course of action to take in seeking a resolution.
Property Division/Debt Allocation
In Illinois, property is divided by equitable distribution. While this often may result in a 50%/50% split, “equitable” does not necessarily mean “equal.” Under certain circumstances, property and assets may not be distributed exactly 50%/50%, but rather equitably and fairly as determined by the court under the particular facts of a case. Our firm can represent you in property division matters to ensure you receive an equitable share of the property under your particular circumstances. It is important to be aware that debts are subject to the same type of analysis.
Maintenance (Formerly Known as Alimony/Spousal Support)
Formerly known as alimony or spousal support, maintenance is an amount of money that may be ordered to be paid from one spouse to another as financial support. In 2014, the laws of maintenance drastically changed. Many people, including some lawyers, do not fully comprehend these changes or understand how to correctly apply them to a case. Not every case warrants an order of maintenance. Our firm can help you understand if you may be entitled to maintenance or if you will possibly be ordered to pay maintenance, and if so, how much and for how long.
While Moskovic & Associates, Ltd. attorneys are fully equipped to advise you on the law as it exists on the books, they also apply a creative approach to their practice, resulting in favorable outcomes for their clients in which they were able to argue or negotiate a deviation from the legal guidelines. The attorneys at Moskovic & Associates, Ltd. recognize that each case has its own unique facts. Through attentive listening, a firm grasp of the law, creative arguments, and a determination to find a solution, Moskovic & Associates, Ltd. continue to reach successful resolutions for its clients when faced with maintenance issues.
Allocation of Parental Responsibilities, Parenting Time, and Parenting Plans
Family law issues involving children should be treated with sensitivity and with a focus on the children. Whether these issues are being resolved in conjunction with a divorce or between parents who have never been married, the legal team at Moskovic & Associates, Ltd. can provide you with representation and guidance that is tailored to meet your needs and the best interests of your children.
Allocation of Parental Responsibilities (formerly Child Custody) and Parenting Time (formerly Visitation) are often highly contested issues. Naturally, when both parents wish to maximize their time with the children, emotionally driven arguments and legal issues may arise. In 2016, the laws in Illinois changed and no longer use the terms “custody” and “visitation.” The new laws now focus on the allocation of parental rights and responsibilities, allocation of parenting time, and the development of a “parenting plan.”
With the best interests of the children in mind, a determination must be made as to who will be responsible for making certain decisions for the children, and how much time will be spent with each parent. Sometimes this means that both parents have decision-making authority, previously known as joint custody.
Sometimes the children physically split their time 50%/50% between the parents. In other situations, while joint decision-making powers are divided equally, time is spent primarily with one parent, while the other parent spends a lesser amount of time with the children. The attorneys at Moskovic & Associates, Ltd. help clients deal with child-related issues and assist in the pursuit of an arrangement that best suits their lives and their children's needs. The firm also assists with the establishment of a formal order of parenting time for parents who do not have custody under the previous laws, or were never married.
The attorneys at Moskovic & Associates, Ltd. also represent Grandparents seeking visitation with their grandchildren.
In Illinois, the amount of child support paid to the other parent is determined by statute. For many years, state guidelines have provided a formula through which child support is calculated, based primarily on the net income of the paying parent, the number of children, and any extra expenses, such as daycare or medical insurance. A new law, effective July 1, 2017, completely changes the way child support is calculated in Illinois. The previous percentages associated with the number of children (e.g. 20% for 1 child, 28% for 2 children, etc…) no longer apply.
The new law uses an “income shares” approach, which takes into account the income and contributions of both parents for purposes of determining child support. The new law also, for the first time, officially takes into account parenting time when determining an appropriate amount of child support. Moskovic & Associates, Ltd. is able to represent parents on either side of a child support matter, whether you are seeking child support or attempting to prevent excessive amounts from being ordered against you. The attorneys at Moskovic & Associates, Ltd. are prepared to advocate on your behalf for an appropriate child support order based on the circumstances.
Modification / Enforcement / Relocation:
After a divorce has been finalized, or a family law order has been entered by the Court, it is possible to alter some terms of the agreement, such as increasing or decreasing the amount of maintenance or child support, or changing parenting time when the law and circumstances justify such a change. We handle post divorce (post decree) modification and enforcement of the terms of a judgment or court order.
After child custody or child support orders have been established, it is important that any changes that need to be made go through the proper legal channels. Moskovic & Associates, Ltd. represents clients with modification of child custody and support matters when the appropriate change in circumstances has occurred in the life of one parent. This can include the loss of a job or general increase in income. Relocation, moving to a new state, and removal of a child to that state, requires a modification to the child custody order. Moskovic & Associates, Ltd. also handles enforcement and contempt proceedings where a judgment, custody order or support order is not being followed.