Category Archives: Custody Modification

Reasons to Modify Your Child Support Order

Child support exists to ensure that children receive the monetary support they need regardless of whether their parents are legally married or not. As such, this legal document is enforced to the fullest extent of the law and must be carefully followed once it is in place. That doesn’t mean, of course, that there is never any reason to modify the court order. There are a few different situations that could warrant a second look at your child support decree.
1. Change in Income
Child support is based at least partially on parental income. If that income changes substantially, the child support order might need to be modified. Note that this can include “good” changes as well as “bad” changes. If one parent receives a raise or takes a new job with a higher income, the child support order might need to be adjusted. The same is true if a parent loses their job or their income otherwise drops.
2. Undisclosed Income
Because child support is partially based upon parental income, any money made that is unreported and discovered after the order has been finalized might be grounds for modification. If one parent is working “under the table,” in other words, and the other parent can prove this, the child support order will likely need to be adjusted to account for the change in earnings.
3. Increased or Reduced Child Expenses
If your child’s expenses increase or decrease, it might be time to modify the child support order accordingly. This can happen if the child’s health insurance needs to change, for example, or if expenses like private school, tutoring, or care for children with special needs become an issue.
4. New Custody Arrangements
Another reason your child support order might need to be modified is when the child custody situation changes. If those circumstances change, or if the other parent fails to pay their support as ordered, you can return to court and document the changes and request a modification to reflect the new circumstances.
If you’re considering changing your child support order, reach out to the experienced attorneys at Abear Law Offices today at 630-904-3033!

Back-to-School and Co-Parenting

Back-to-School and Co-Parenting

It might seem as though the time has flown by, but the summer holidays have ended, and autumn is right around the corner. And from the shelves overflowing with notebooks and pens to the demand for new clothes and backpacks, it is abundantly clear that it’s time for many children to head back to school. This is either fantastic or sad depending upon your perspective, however one thing is certain: it’s time to re-evaluate your boundaries, rules, and parenting arrangements with your co-parent.

Get Ready for the School Year

The new school year is a time of adjustment for many reasons. This can include your co-parenting approach, which might change according to your child’s new schedule and the new responsibilities they hold. It is important to make sure you have a good handle upon their school hours and what to expect regarding extracurricular activities. If you already have this information, make sure to share it with your co-parent so that everyone is on the same page and can work together to ensure your child’s success. You’ll also want to work out transportation details for school, extracurriculars, and parenting time in advance.

Revisit House Rules

Something else to keep in mind as the new school year dawns is that your child’s rules might change accordingly. Perhaps you have a new house rule regarding a bedtime, for example, that wasn’t in effect over the summer. It is a good idea to communicate with your co-parent to keep the rules consistent between both houses. Children benefit from structure and keeping the guidelines surrounding their personal and school lives clear from parent to parent can help them thrive.

Communicate with the School

Finally, it might be a good idea to reach out to your child’s school. Being able to speak clearly and honestly with your child’s instructor is always a good idea, and it can help them better understand your child’s needs. Keep in mind that teachers who understand the potential struggles your child might face can serve as your child’s allies by keeping an eye on them and reacting to their actions and needs proactively. This might mean calling you to discuss problem behavior or simply re-directing your child during the school day. Either way, building a positive relationship with your child’s instructors is a good idea to pursue, and one that you could embark upon with your co-parent.

For more information regarding co-parenting and the new school year, as well as how to obtain an official parenting plan, contact the professionals at Abear Law Office today!

How to Create a Parenting Plan that WORKS!

Divorce is never easy, but it can get even more difficult when there are children involved. Even if you and your ex-spouse are as amicable as can be, it is essential you both agree on a parenting plan in case of any emergencies, changes in either one of your lives, or altered schedules. At the Abear Law Office, we understand you want the best for your child—and the best includes creating a parenting plan that covers all the important issues which may arise in the future. The best prevention is preparation, and our experienced divorce lawyers are experts in drafting parenting plans that include all the necessary precautions you should take.

The following are things to consider when creating a parenting plan, including but not limited to:

  • Schedules, including weekends
  • Summer, winter, and spring break schedules
  • Holidays
  • Vacations
  • Your children’s birthdays
  • Overnight stays
  • Transportation
  • Child care
  • Rules for meeting new dating partners
  • Car seat requirements
  • Neutral drop-off locations
  • Discipline methods
  • Vaccinations
  • Curfews
  • Sleeping arrangements
  • Parent-child communication
  • Internet use
  • Cell phone access
  • Expectations regarding school activities, sports, religion, etc.
  • Sleeping arrangements
  • Third-party visitation
  • Legal and physical custody decisions
  • Post-judgment modifications

Contact the Divorce Lawyers Who Have Seen It All

Through years of experience and knowledge, our skilled divorce lawyers are equipped to handle the most complex of situations. We handle all aspects of divorce and family law with a strong desire to succeed and our client’s needs always come first.

To speak to a representative today, contact our office by calling 630-904-3033


What You Should Know About Moving with Your Child

The greater Chicago metropolitan area is full of options and opportunities for the people who call the region home. With relatively little effort, you could find a new career path or a new home very quickly, allowing you to substantially improve your circumstances. Such opportunities are particularly valuable following a major life change including a divorce. If you have children, however, and are bound by the terms of a parenting plan or a custody order, there are some steps you may need to take before you go anywhere.

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How to Prepare for a Child Custody Evaluation

When you are going through a divorce, the prospect of having to set up a child custody arrangement can seem daunting. You might worry about an outside evaluator meeting with you to ask you questions about your home, your lifestyle, and your relationship with your child, then deciding where your child should live. This is a very simplified view of the child custody evaluation process and in most cases, you will have plenty of opportunity to provide a detailed account of your parenting style and work with your former spouse and the evaluator to develop a custody arrangement that meets your child’s needs.

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Co-Parents: Common Mistakes Divorced Parents Make and How to Avoid Them

Many divorced parent can attest that their divorce was a difficult process. Even the most amicable situations still carry a level of stress and distrust between spouses, and often, the total upheaval of the life of their children. During a divorce, feelings of bitterness and betrayal are frequently most acute, and their effects may last for months and years. For divorcing parents, who now have to co-parent, it is extremely important to avoid projecting such emotions onto the children, regardless of intention.

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Parenting Plans: A New Take on Custody Agreements

In a divorce situation, making arrangements for the custody and care of your children will be among the most difficult decisions to be made. Regardless of your feelings toward your ex-spouse, your children still deserve the best efforts of both parents in providing for them. For this reason, many divorced parents are recognizing the importance of a parenting plan that they have jointly negotiated rather than relying solely on a judge’s interpretation of the law.

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Guardian Ad Litem’s Purpose in a Custody Battle

In some custody cases, a Guardian Ad Litem (GAL) is appointed to add a non-biased opinion on the matter. It is important for both parties to understand the GAL’s job, focus, and the weight of his/her decision before deciding whether to ask for this form of advocacy in a child custody case.

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Divorce Modification in Illinois

Any Illinois divorce is going to bring with it a well of emotions, most of which are unpleasant and can easily become physically and emotionally taxing. Unfortunately, these feelings can cause clouded judgment, which can become very problematic when dealing with a legal contract. Although use of an experienced Illinois divorce attorney can help to avert this problem, very often divorce decrees can need modification to assist one spouse or the other.

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