Chicago divorce lawyer helps uncover assets
As a Chicago divorce lawyer I see that, often times, one spouse alone manages the parties’ finances. Or, one party knows that an asset exists, such as a retirement account, but does not know where it is held or the value. The Illinois Supreme Court has given divorce lawyers tools with which to discover assets so that one party is not unjustly enriched to the detriment of the other. By way of example, the rules provide for the mandatory production of documents, accompanied by a signed affidavit stating that the spouse has produced all of the documents within his or her possession and control. In the vast majority of cases, there is usually a “paper trail”, which an experienced attorney can follow, to verify whether the disclosure of information is complete. If the other spouse withholds or hides information, a court has the authority to impose severe sanctions against that spouse.
How A Divorce Court in Illinois Determines Child Support
Section 505(a)(3) of the Illinois Marriage and Dissolution of Marriage Act specifies certain minimum guidelines which a divorce court is mandated to use in determining child support. Those guidelines set a percentage of the non-residential parent’s “ net income”: 20% for one (1) child; 28% for two (2) children; 32% for three(3) children; 40% for four(4) children; 45% for five (5) children; and 50% for six(6) or more children.
Chicago Divorce Attorney Fees
Section 508 of the Illinois Marriage and Dissolution of Marriage Act allows a party of a Chicago divorce without financial resources an “advance” of money to pay his or her divorce attorneys’ fees as the case proceeds, to allow that person to effectively participate in the divorce case. The purpose of the statute is to “Level the Playing Field”. It is within a court’s discretion to determine how much is advanced. In doing so, the court takes into consideration various relevant factors including how much the other spouse’s attorney has been paid, the complexity of the case, and which divorce litigant controls the financial information.