Category: Family Law


Understanding Prenuptial Agreements

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Understanding Prenuptial Agreements

When people think of prenuptial agreements, their minds often wander to celebrities, to famous billionaires, and to professional athletes. In other words, they believe that it is not for them. However, in my twenty years of practicing law, I have seen many people surprised to find that prenuptial agreements actually make sense for them. What  … Read more

Can I modify My Spousal Maintenance Payments?

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Can I modify My Spousal Maintenance Payments?

Illinois courts are authorized to order spousal maintenance in lawsuits involving divorces or legal separations. A court’s discretion is broad and a court can order maintenance “in amounts and for periods of time as the court deems just” so long as it expressly considers a variety of relevant factors and follows statutory guidelines. However, people’s  … Read more

Can Child Support Be Modified?

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Can Child Support Be Modified?

Kids need to be supported, and it is their parents’ responsibility to support them. Not only is it right, it is the law. However, there is often a great difference in opinion regarding what a parent wants in child support, what the other person wants to pay in child support, and what the court orders  … Read more

Custody and Parental Kidnapping

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Custody and Parental Kidnapping

  Few things infuriate separated couples quite like money and child custody. Unfortunately, we far too often see parents make bad decisions in the context of child custody. These range from ill-advised choices, to felonies, to worse. On the extreme side of the spectrum is parental kidnapping. Parental kidnapping occurs when a parent wrongfully takes  … Read more

Addressing Children’s Fear of Divorce

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Addressing Children’s Fear of Divorce

  Separations and divorces are rough for anybody who has ever had the experience. But as much as divorce impacts adults, it is so much worse for children. In fact, no matter a child’s age, divorce has permanent emotional effect during a critical period of their development. This is why parents must demonstrate that things  … Read more

How Does a Court Determine a Child’s “Best Interest”?

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on How Does a Court Determine a Child’s “Best Interest”?

  If you or someone you know has ever been involved in a custody dispute, you have probably heard the phrase “best interest of the child”. The reason that you have heard it is because it is an incredibly important concept, which is used by judges and juries across the country to make decisions about  … Read more

Understanding the UCCJEA

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Understanding the UCCJEA

  We all want what is best for our children, but as parents, we do not always agree on what that means. Never is this more salient than during or after a separation and divorce. Custody disputes can be emotionally draining, frustrating experiences. They can also be legally complex. An additional layer of complexity arises  … Read more

Looking at the Income Shares Child Support Calculation

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on Looking at the Income Shares Child Support Calculation

  If you are in the process of seeking child support or modifying a child support obligation, you need to read this. On July 1, 2017, the state of Illinois joined over 40 other states in adopting the income shares method of collecting child support. This represents a complete shift from the way that courts  … Read more

College Expenses and Divorce

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on College Expenses and Divorce

  Most parents want their children to attend college. Many parents want to be able to pay for this. They save, they exercise financial discipline, and work hard to make this a reality. When a couple separates or divorces, these plans can become untenable or unpredictable. This is because divorce can be very expensive, which  … Read more

How Does a Couple Legally Separate in Illinois?

  • Robert S. Thomas,
  •   Family Law
  •   Comments Off on How Does a Couple Legally Separate in Illinois?

  Legal separations have become relatively rare in Illinois. This may be, in part, because they are not the same thing as a divorce, nor are they necessary to seek a divorce. Despite this, there is statutory authority in Illinois that authorizes legal separations and there are several scenarios in which it may benefit one  … Read more