llinois Family Law Attorney J. Richard Kulerski Frequently Asked Questions

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For specific questions about your case, contact Oak Brook, Illinois Collaborative Law Attorney J. Richard Kulerski.

• What are the benefits of using the Collaborative Law process for my divorce, child custody or other family law case?
• How do I know whether the Collaborative Law process is best choice for me and my case?
• How are Custody issues decided?
• How is the amount of child support determined?
• When can a child support order be changed or modified?
• What happens to a father who refuses to pay court ordered child support?
• Can I object to the terms my spouse has requested in our divorce?
• Should I make a prenuptial agreement with my future spouse?
• Can a prenuptial agreement be modified after marriage?

What are the benefits of using the Collaborative Law process for my divorce, child custody or other family law case?

• The Collaborative Law process is generally less costly and time-consuming than litigation because it can be finalized within a short time following the parties reaching agreement, rather than getting bogged down for many months waiting for a court date.
• You are a vital part of the settlement team.
• All parties are supported by their lawyers and yet work cooperatively with other parties and their lawyer(s) in resolving issues.
• The process is much less fear and anxiety producing than utilizing Court proceedings or the threat of such proceedings.
• Everyone can focus on settlement.
• The possibility exists that the participants can create a climate that facilitates "win-win" settlements.
• You control the proceedings - your destiny is in your hands rather than in the hands of a third party (the courts).

Call today to set up an appointment with Illinois divorce lawyer J. Richard Kulerski to answer your more specific questions.

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How do I know whether the Collaborative Law process is best choice for me and my case?

It is not for every client/every lawyer, but is worth considering if some/all of these are true for you:

• You want a civilized and respectful resolution of the issues.
• You would like to keep open the possibility of friendship with your partner down the road.
• You and your partner will be co-parenting children together and you want the best co-parenting relationship possible.
• You want to protect your children from the harm associated with litigated dispute-resolution between parents.
• You value privacy in your personal affairs and do not want details of your family restructuring to be available in the public court record.
• You value control and autonomous decision-making and do not want to hand over decisions about restructuring your financial and/or child-rearing arrangements to a third party, for example, a judge.
• You recognize the restricted range of outcomes generally available in the public court system, and want a more creative and individualized range of choices available to you and your spouse or partner for resolving your issues.
• You understand that conflict resolution with integrity involves achieving not only your own goals but also finding a way to achieve the reasonable goals of the other person and the family.

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How are Custody issues decided?

No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality.

Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

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How is the amount of child support determined?

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other. Oak Brook, Illinois child support lawyer J. Richard Kulerski will safeguard your rights and fight for what is fair. Call now for your appointment.

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When can a child support order be changed or modified?

An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

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What happens to a father who refuses to pay court ordered child support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

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Can I object to the terms my spouse has requested in our divorce?

Yes, you (along with your attorney) can reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the Illinois divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the Illinois divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan. For more information about complicated divorce and separation issues in Illinois, contact Oak Brook divorce Attorney J. Richard Kulerski today for your initial consultation.

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Should I make a prenuptial agreement with my future spouse?

The answer to that depends on your specific circumstances, and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: children involved from a previous marriage, an individual ownership of a business or family company, significant individual assets or substantially unequaled income between parties, or concern about a future spouse’s personal debt. Since laws about what constitutes marital property and what governs the division of assets after marriage varies from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties.

Often, prenuptial agreements are misunderstood. It is argued that prenuptial agreements are an attack on trust, or evidence that financial matters outweigh the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of court in the event of a divorce or death, or couples who have children or grandchildren from prior marriages and want to ensure that individual property such as businesses or estates pass down to the family rather than the spouse. Regardless of the circumstances, prenuptial agreements are a comprehensive decision and should be approached bereft of emotional misconceptions.

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Can a prenuptial agreement be modified after marriage?

Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide. Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing. Some states will also alter prenuptial agreements without party involvement. For example, prenuptial agreements can become void one and a half years after the parties to the contract become parents, unless the agreement is later renewed in writing by said parties.

As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements. Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married. Post nuptials can be drawn up at any time during the course of a marriage and can be altered in the same way as a prenuptial agreement. If you are not sure what your rights are regarding your prenuptial agreement, call Attorney J. Richard Kulerski today for an appointment to protect your rights.

Take Action to Protect Your Rights:

If you or a loved one is involved in a divorce or child custody case in the courts of Cook County, Dupage County, Will County, Kane County, Lake County or the surrounding counties of Illinois, or in Oak Brook, Chicago, Wheaton, Bolingbrook, Streamwood, Niles or the surrounding cities of Illinois, and you need the help of an experienced family law attorney, call the Law Office of J. Richard Kulerski today at (888) 440-6663, or complete the contact form provided on this site to schedule your initial consultation.

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