Thursday, August 17, 2017

Who pays attorney fees in divorce cases?

There are two main provisions that govern whether to award attorney fees in an Illinois divorce case: The Illinois Marriage and Dissolution of Marriage Act, which directs the court to consider a number of factors when deciding whether and in what proportion to award attorney fees, and the Schneider decision, which requires that a party seeking contribution show their inability to pay his or her fees while showing that the other party is able to do so.

Monday, August 7, 2017

Modify Child Support Orders Based On New Law


After passage of a new law, effective July 1, 2017, would a parent be able to have his existing child support order modified to bring it into line with the new child support guidelines?  The answer is that the passage of the new law, in and of itself, is not a basis to have your child support modified.  

You will still need to show a "substantial change in circumstances" other than the change in the law for the court to modify your child support.  However, if you are able to demonstrate a change in circumstances after July 1, 2017, your child support will be modified in accordance with the new law, as opposed to the law in place at the time the original order was entered.