Uncontested Divorce with Children

Elmhurst Uncontested Divorce Attorneys

Elmhurst Uncontested Divorce Lawyer

Lawyers for Uncontested Divorce with Children in Oak Brook, Lombard, and Villa Park

Going through a divorce often pits two spouses against one another; however, it is both cost effective and less stressful if each side agrees to the terms of the separation. An uncontested divorce, referred to as a dissolution of marriage in Illinois, is a divorce where the parties involved reach an agreement on topics like spousal maintenance and division of marital assets. This can change when the divorce involves a child, but it does not have to. Divorcing parents must take into account additional concers such as the allocation of parental responsibilities (child custody) and child support.

Child Support Calculations in Illinois

When calculating child support, Illinois courts weigh factors such as:

  • Each parent's resources, including income;
  • The amount of time the child spends with each parent;
  • The physical and emotional condition of the child and his or her educational needs.
  • The needs and prior child support or maintenance obligations of each parent.

Illinois law also contains provisions to address a parent who is either unemployed or underemployed. If one parent is willfully unemployed or not working to his or her potential, the court may calculate his or her child support obligation using a determination of potential income. Potential income is determined using a number of projections, including:

  • Employment potential;
  • Probable earnings based on work history;
  • Occupational qualifications;
  • Prevailing job opportunities; and
  • Earning levels in the community.

If there is not sufficient evidence to calculate potential income, the court will assume that the parent's potential income is 75 percent of the most recent U.S. Department of Health and Human Services Federal Poverty guideline for a family of one person.

Minimum Child Support Amounts and College Expenses

The court will assume that the minimum child support obligation will be set at $40 a month, per child. In the event that one parent has no income or whose income comes from means-tested assistance, or who cannot work due to a medically proven disability, incarceration, or institutionalization, the court will enter a zero dollar amount for their obligation for child support.

Additionally, the law provides for college expenses for children whose parents are divorced or divorcing. After-school sports and activities, summer camp, and even job training, at the court's discretion, can be factored into the cost of child care.

Financial Benefits of an Uncontested Divorce

When a marriage comes to an end it is never a simple process; however, there are benefits to pursuing an uncontested divorce. The primary benefit is that it's less expensive. Uncontested divorces do not incorporate the same amount of litigation as a contested divorce, keeping costs low. There are also benefits to your privacy because litigation can be very public. Cutting down on the amount of courtroom litigation involved in a divorce also lessens the amount of information that may have to be entered into the public record.

Divorce is a legally complicated process to go through, so do not do it alone. Contact the experienced divorce attorneys at Weiss-Kunz & Oliver, LLC at 312-605-4041 to take the first step. We are highly skilled in mediation and alternative dispute techniques. We will work with you to move your case forward and look out for your long-term interests.

Important Family Law Changes

As of July 1, 2017, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has changed. Read more about how child support calculations were affected.

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