Glendale Heights is a diverse, well-populated village in DuPage County, which is home to close to 35,000 residents. There are almost 11,000 households in Glendale Heights, and of those households, approximately 38 percent have children, and 55 percent have married couples. The families in Glendale Heights are like families in any other community in that they unfortunately may go through a divorce or related family law issues. If you are contemplating ending your marriage or need assistance with another family law matter, it is prudent to consult a seasoned Glendale Heights divorce lawyer to develop a course of action that will help you in your pursuit of a favorable outcome. At Kollias & Giese, P.C., we are knowledgeable in what it takes to obtain a favorable outcome in an Illinois family law case.Property Division in a Divorce
A common family law issue experienced by couples in Glendale Heights involves weighing whether to get a divorce. There are several important factors to consider in pursuing a divorce, including how any property and debts will be divided. In Illinois, property and debts acquired during the course of a marriage are presumed to be marital property. In other words, they are considered the property of both parties unless proven otherwise. There are some exceptions to the rule, however, such as property acquired via a gift or property that was obtained in exchange for property that one spouse owned prior to the marriage. If either party disputes that certain property is marital property, he or she must produce clear and convincing evidence that it is separate property. Our divorce attorneys can advise Glendale Heights residents on the evidence that they may need.
In determining how to divide property, a court will assess each party’s contributions to the marital property, the length of the marriage, and the value of the property. The court will also consider any premarital or post-marital agreements and either party’s rights or obligations from a prior marriage. Additionally, the court will weigh the age, vocational skills, and sources of income of each party, as well as whether a property division is in lieu of spousal maintenance. If you have come to the decision to end your marriage, it is important to retain a capable family law attorney to act on your behalf to assist you in seeking an equitable division of property.Child Support
If a married couple seeking a divorce has children, another important consideration is whether one parent will be obligated to provide child support. Illinois statutes set forth child support guidelines that establish the minimum amount of support for each child born of a marriage, based on a percentage of the income of the parent obligated to pay support. Our Glendale Heights divorce attorneys can explain how these guidelines may apply to your situation. For example, if there is one child born during the marriage, the parent obligated to pay support must pay a minimum of 20 percent of his or her net income. If there are two children born during the marriage, the obligation increases to 28 percent. The obligation continues to increase for each child, up until six children or more born during the marriage, for which the support guidelines require the obligor parent to pay 50 percent of his or her net income in child support.
The law allows for a deviation from the child support guidelines in some cases, based on factors such as the financial resources of the child and each parent, the standard of living that the child enjoyed during the marriage, and the child’s physical, mental, emotional, and educational needs. If the court allows for a deviation, it must state the reason for it. In addition to setting child support, the court can order one or both parents to contribute to costs related to any health care needs of the child that are not covered by insurance, child care costs, and expenses related to education and extracurricular activities.Meet with a Skilled Divorce Lawyer in Glendale Heights
Family law issues are prevalent in every community, but many people are uncertain about which actions to take when faced with a family law dispute. If you are faced with a family law issue, it is important to consult a skilled attorney to develop a plan to protect your rights. The attorneys at Kollias & Giese, P.C. can vigorously advocate on your behalf to help you seek a fair outcome. You can contact us at (630) 407-1200 or through our online form to schedule a conference.