The Law Office of Robbin D. VanderwoudeThe Law Office Of Robbin D. Vanderwoude2026-05-08T07:34:33Zhttps://www.vanderwoudelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1605455/2021/07/cropped-site-identity-32x32.jpgOn Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[3 FAQ about Illinois child support]]>https://www.vanderwoudelaw.com/?p=469382026-03-11T03:10:05Z2026-03-11T03:02:41ZHow do courts determine child support costs?
In Illinois, the courts follow a child support calculation method known as the “income shares model.” Under this concept, your children should receive the same amount of parental income as they would have if you were still living together.
The calculation will be based on you and your spouse’s gross monthly income, factored by the number of your children.
How does an ‘income withholding for support order’ (IWO) work?
If you are the non-custodial parent, your employer will receive an IWO that informs them of your child support obligation. In this process, your employer will withhold your child support payments from your paychecks.
The Illinois State Disbursement Unit will then collect these payments. After they process the funds, they will transfer it to your ex-spouse (the custodial parent) either by check, direct deposit or debit card.
How long do I need to pay for child support?
In Illinois, your child support obligations continue until your child turns 18 or graduates from high school, whichever comes first. However, if they marry or join the military before they turn 18 years old, your support payments end earlier.
There are also cases where your child support order may be extended, such as:
You and your ex-spouse agreed to share on your child’s college expenses
Your child is an adult with a disability
If your child has a disability, the court will assess their condition and care costs to determine how long the extension will be.
By taking your time to learn about how child support works in Illinois, you can become more familiar with the process and ensure that your child’s needs and best interests can always come first.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[Custody schedules and important dates: What to remember]]>https://www.vanderwoudelaw.com/?p=469212025-12-12T22:56:35Z2025-12-12T22:55:06ZIt’s always difficult when parents divorce. Custody issues don’t just affect your day-to-day lives, but they also affect important events.
A lot of parents aim to keep their split as amicable and as simple as possible to avoid lengthy court battles. For many, that means splitting custody down the middle. The children will spend one week with you and one week with their other parent, in what seems like an equitable solution – until the holiday season comes around or some other important event, like birthdays.
Some days matter more than others when it comes to custody
Much like there are some cards in a pack that carry more value than others, some days of the year are also considered more valuable by most people. Parents, in particular, may feel like they are missing out on important events by not having their children with them on birthdays (their own or their child’s), Halloween, Thanksgiving, Christmas and certain other holidays.That makes it important to negotiate carefully around those days, rather than simply having the custody schedule operate as usual. Depending upon how you and your coparent can work together, you can opt for:
Alternating holidays of importance, so that each of you will have your child every other holiday, the entire holiday
Sharing time on holidays and important dates, so that each of you has your child for half the day on a holiday
A more complex schedule, which may be most appropriate if you celebrate different holidays and place more importance on different dates
You should think about how to handle these high-value days when drawing up your custody and parenting plan. Building in some flexibility is also wise. With legal guidance to learn more about your options, you can create a plan that works better for everyone involved.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[Common questions about spousal support]]>https://www.vanderwoudelaw.com/?p=469082025-09-16T12:27:49Z2025-09-16T12:27:49ZSpousal support, also known as alimony, is often a key topic in divorce cases. In Illinois, spousal support helps ensure that a spouse maintains financial stability after a divorce. Understanding how it works and what factors influence the decision can help clarify the process for anyone facing a divorce.
What factors does the court consider when deciding spousal support?
Illinois courts look at various factors when determining spousal support, such as the length of the marriage, each spouse’s income and property, and the standard of living during the marriage. Other factors include the recipient spouse's needs, the ability of the paying spouse to support themselves, and any contributions to the marriage, such as raising children or supporting the other spouse’s career.
How is spousal support calculated?
Illinois uses a guideline formula to calculate spousal support, though the court has flexibility to adjust based on the situation. For marriages of less than 20 years, the formula considers the difference in the spouses' incomes. If the marriage lasted 20 years or more, spousal support might be permanent, or it could be awarded for an extended period depending on the circumstances.
Can spousal support be modified?
Spousal support can be modified in Illinois. If there is a significant change in circumstances, such as a change in either spouse's income or health, the court may decide to change the amount or duration of spousal support. For example, if the recipient spouse remarries or begins earning more money, the paying spouse may request a modification.
How long does spousal support last?
The duration of spousal support depends on factors like the length of the marriage and the financial needs of both spouses. For marriages lasting less than 20 years, spousal support usually lasts half the length of the marriage, though the court can adjust this based on the couple's unique situation.Spousal support decisions can vary, but understanding how courts assess factors and calculate support can help spouses prepare for the process.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[Co-parents: Making your mental health a priority is important]]>https://www.vanderwoudelaw.com/?p=469042025-06-23T17:50:50Z2025-06-23T17:50:50ZCo-parenting after a separation or divorce can be a challenging journey. While much of one’s focus tends to be on meeting the needs of the children, it’s equally important for co-parents to care for their own mental health.
Managing stress, communication, parenting responsibilities and legal obligations can take a serious toll. If you are co-parenting with an ex, know that making your mental health a priority isn’t selfish—it’s arguably essential to being the best parent you can be.
Focusing on thoughtful ways for the benefit of all
Parenting in two households understandably inspires logistical complications. There may be disagreements about schedules, parenting styles or finances. Add in the emotional weight of a breakup and the need to support your child through their own adjustment, and it becomes clear why burnout and emotional fatigue are common. If these feelings aren’t addressed, they can lead to chronic stress, anxiety or depression—affecting not only your well-being but also the tone and success of your co-parenting relationship.When you take steps to care for your mental health, you create a more stable and supportive environment for your children. Kids are incredibly perceptive. They can sense when a parent is overwhelmed or emotionally unavailable, even if nothing is said aloud. Modeling healthy emotional habits like stress management, asking for help and setting boundaries teaches children valuable lessons. It also reassures them that they don’t need to take on the emotional weight of your struggles.Self-care can take many forms, and it doesn’t have to be complicated or time-consuming. Regular exercise, even a short daily walk, can reduce stress. Carving out time for friends, hobbies or quiet reflection helps restore emotional balance. For some co-parents, therapy or support groups offer a valuable space to process the emotional strain of separation and the ongoing work of co-parenting. Journaling, meditation and deep breathing can also be powerful tools for regaining focus and composure during tense times.Good mental health also plays a role in managing communication with your co-parent. If emotions are running high, conversations can quickly escalate. When you’re rested, grounded and emotionally well, it’s easier to respond rather than react, to set boundaries without conflict and to stay child-focused in your decision-making.Ultimately, making your mental health a priority benefits everyone in your family. It gives your children a stronger version of you and strengthens the foundation on which your co-parenting relationship is built. It’s not about being perfect—it’s about being well enough to show up with consistency, compassion and clarity. That kind of stability is one of the best gifts you can give your children as they adjust to life between two homes.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[3 benefits spouses may derive from collaborative divorces]]>https://www.vanderwoudelaw.com/?p=469012025-03-27T20:55:44Z2025-03-27T20:55:44ZCommitment to an uncontested process
Spouses can verbally promise that they don't intend to hire an attorney or fight over divorce details. However, they can back out of those promises with little or no warning. One spouse could show up to court with an attorney or start pushing for highly imbalanced divorce terms after promising to be cooperative. Collaborative divorce requires a signed agreement. Spouses commit to working together and generally have to begin the process over from the start if they cannot collaborate.
The ability to address complicating factors
The circumstances of a marriage can have a direct impact on what people expect during a divorce. If one spouse cheated on the other or wasted a large amount of marital income on a gambling addiction, the other spouse may want to integrate those issues into the final divorce settlement. Substance abuse concerns and mental health challenges could affect parenting capacity, forcing spouses to have very personal conversations about custody. Collaborative divorce negotiations often involve attorneys or even mediation. Spouses can count on confidentiality in such scenarios, as what they discuss does not become part of the public record.
Control over the outcome
Collaborative divorce requires compromise. That being said, each spouse has an opportunity to focus on the issues that matter the most to them. They can agree to concessions in certain aspects of the divorce while holding firm regarding their demands on other key issues. In a litigated divorce, a judge makes all of the biggest decisions regarding financial matters and parenting issues. Spouses who feel strongly about achieving specific terms may find that collaboration improves their chances of securing those specific terms.
Exploring every different approach to divorce can help spouses find the arrangement that works for them. Collaborative approaches can help spouses who disagree on certain issues resolve their disputes and move forward with an uncontested divorce.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[How parents can make living in two homes easier on a child]]>https://www.vanderwoudelaw.com/?p=469002025-01-02T20:38:12Z2025-01-02T20:38:12ZTypically, when parents divorce and share custody of their children, those children move back and forth between their parents’ homes. Although some parents continue to keep a home where their children remain while the parents take turns living there, that’s usually not a workable long-term solution.
While divorcing parents want to make things as easy as possible for their kids, they can’t relate to how it feels to move between two homes unless they did it themselves when they were young.
Choosing a custody schedule
A custody schedule can look like whatever parents choose (unless they can’t agree and have to leave it up to a judge). They need to consider their individual child. For example, young children (under 4) often have a difficult time not seeing one parent for more than a few days. That means it may be best for the child to move between homes every couple of days. Some therapists recommend a 2/2/3 schedule for these children.When kids get a bit older, they often do well with fewer transitions. Moving to a 2/2/5 or even a weekly transition schedule may work for them, maybe with an evening with the other parent during that time. By the time they’re in high school, kids’ custody schedules are often governed in part by when they have extracurricular activities or sports practice.Of course, there’s more to consider than age. Social-emotional development is also a key consideration. Some kids struggle with adapting to change or unexpected circumstances. Others may need to be around one parent more than the other. Still other kids have medical, mental health, behavioral or learning challenges that need to be considered when determining a custody schedule.
Making a child feel at home
While finding the best custody schedule is critical, that’s only part of what’s necessary to ease a child’s transition into their new routine. It’s important for the parent who’s in a new home to make sure their child feels like they aren’t just visiting. That means having their own room (if possible) and belongings there so they don’t have to “pack a bag” whenever they go.Further, it’s crucial to make drop-offs and pick-ups drama free. This isn’t the time to discuss issues around the divorce, support or even custody arrangements. Those need to be dealt with when the child isn’t around. By having a well-thought-out custody agreement and schedule and a thorough parenting plan, parents can make things a lot easier on their children.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[When might Illinois courts grant one parent sole custody?]]>https://www.vanderwoudelaw.com/?p=468992024-09-30T12:58:43Z2024-09-30T12:58:43Zallocation of parental rights and responsibilities. The focus is always on the best interests of the children, rather than the rights or the wishes of the parents. It is common for divorced or separated parents to want sole custody but relatively rare for the courts to grant it.
When can one parent potentially secure the vast majority of parenting time and decision-making authority?
When they reach an agreement with their spouse
The easiest and surest way for one parent to secure the vast majority of parenting time and decision-making authority is to negotiate terms with their spouse. Divorcing parents always have the option of setting their own terms when filing uncontested divorces.
A parent who struggles with medical challenges, battles substance abuse issues or has a demanding career may agree that they are not in a position to regularly have responsibility for the children. Parents can secure sole custody through a mutual arrangement with the other parent. Typically, such cases involve a promise of liberal visitation rights for the non-custodial parents.
When they have compelling evidence
In scenarios where a parent does not voluntarily give up their right to spend time with the children or make decisions about them, litigation may be necessary. A parent attempting to secure the vast majority of parenting time or decision-making authority has to convince the courts that such terms are necessary for the protection of the children.
They need evidence other than their testimony that such terms are appropriate. Records of arrests, medical reports, testimony from other parties like teachers and even financial records can help parents convince a family law judge that granting them sole custody is what is best for the children.
Parents typically need strong evidence or they risk the judge viewing them as hostile to their co-parents. They may then face a reduction in their parental rights and responsibilities because the judge might believe that they intend to alienate the children from the other parent.
Having realistic goals when approaching child custody negotiations can help parents assert themselves. Sole custody is often only an option in unusual circumstances or when parents reach a mutual agreement.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[Are retirement accounts treated as marital property during divorce?]]>https://www.vanderwoudelaw.com/?p=468982024-06-20T20:24:54Z2024-06-20T20:24:54ZEquitable distribution and marital property
The Prairie State uses an equitable distribution system when dividing couples’ marital property at the end of their marriage. The family court strives for a fair distribution by considering the unique circumstances of a couple. As such, the distribution isn’t always a 50/50 split.
Since retirement accounts are categorized as marital property, you can expect yours to be considered for property division. However, any contributions you had made to your retirement account before you got married will not be subject to division.
The challenge in distinguishing between marital and non-marital contributions lies in establishing your retirement account’s value at the time of marriage and the value appreciation at the time of divorce. For this reason, there will be a need to trace the contributions made to your retirement account before and during the marriage.
Dividing your retirement account
Many couples use a Qualified Domestic Relations Order (QDRO) to divide retirement accounts during divorce. You might also prefer this approach because it allows you to give your spouse their share of the marital property without incurring tax penalties.
Should you choose this approach, you can benefit from appropriate legal guidance in drafting a legally binding order that complies with state and federal laws.
Aside from using a QDRO, you can also choose to make direct payments to your spouse’s account. Alternatively, you might consider awarding your spouse other marital assets to compensate for their share of your retirement account. This way, your golden years savings can remain untouched during such a significant life transition.
If you’re contemplating divorce, it’s crucial to understand that dividing retirement accounts isn’t always a straightforward process. You might benefit from legal assistance so that you can better understand your account value fluctuations, tax implications and the ideal property division approach that is most suitable for your specific retirement plan.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[7 tips to make co-parenting with an ex easier]]>https://www.vanderwoudelaw.com/?p=468962024-04-04T12:47:44Z2024-04-04T12:47:44Zmake the situation easier is going to be important for your well-being and for your kids’ well-being as well.
Establish a consistent communication channel
Co-parents should agree on a primary mode of communication. This may be through texts, emails or a co-parenting app. This consistency ensures messages are received and responded to in a timely manner, facilitating smoother decision-making processes.
Set boundaries early on
Co-parents must establish personal boundaries by defining what is acceptable in terms of communication and interaction. These boundaries help maintain a respectful relationship focused on the child's well-being.
Stay focused on the child’s needs
The child’s needs should come first in every decision and interaction. This child-centered approach encourages parents to set aside their differences and collaborate in the child’s best interest.
Keep a shared calendar
A shared calendar for the child’s activities, medical appointments and school events can help co-parents stay on the same page. This tool minimizes scheduling conflicts and ensures both parents can participate in their child’s life.
Agree on consistent rules
Co-parents should agree on consistent rules and discipline methods for both households. Consistency provides the child with a sense of stability and security, as the child knows what is expected regardless of where they are.
Utilize conflict resolution strategies
When disagreements arise, having a strategy for resolution can prevent conflicts from escalating. Techniques such as taking a time-out to cool down or using mediation can effectively find common ground.
Create a detailed parenting plan
A comprehensive parenting plan lays out expectations and guidelines on important aspects of a child's life, including education, health care and parenting plan schedules. This document can reduce future conflicts by setting expectations on important matters.
Co-parenting is rarely easy. Yet, by approaching the situation thoughtfully – and with consideration for everyone involved – it can become manageable over time.]]>On Behalf of The Law Office of Robbin D. Vanderwoude<![CDATA[What you should know about Social Security spousal benefits]]>https://www.vanderwoudelaw.com/?p=468952024-01-09T15:42:48Z2024-01-09T15:42:48Zminimum of ten years, you can collect spousal benefits as long as you don’t remarry.
It’s important to know that by collecting spousal benefits (rather than benefits based on your own work record), you won’t lessen the amount of benefits your ex-spouse will receive -- or the amounts due to any past or future spouses they may have.
Why most people don’t take spousal benefits
You can choose between taking the benefits you’ve earned based on your own work record when the time comes or you can choose to take spousal benefits, but you can’t collect both. Note that spousal benefits can total no more than 50% of the benefits your current or former spouse is entitled to receive when they reach full retirement age (typically at least 66). That means unless your spouse has been in the workforce and earned considerably more over the years than you, you’re probably going to get more if you collect retirement benefits based on your own work record.
You may still have some years left before you need to make that decision. Remember that even if you do the calculations now, they may be different when the time comes, especially if you plan to start working (or working more) after your divorce. In most cases, a person can begin collecting spousal benefits at 62 if their spouse is at least that age.
Why you need to make the right decision
It's crucial to make the best decision for your financial future when the time comes. The Social Security Administration (SSA) doesn’t allow people to switch from spousal benefits to their own (or vice versa) once they’ve chosen.
An ex-spouse can’t prevent you from collecting Social Security spousal benefits since it doesn’t affect their or anyone else’s benefits. However, if you’re nearing eligibility age, you’ll need to consider Social Security retirement benefits in your financial picture as you work out your divorce agreement.
You’ll also need information about your spouse’s estimated benefits so you can make the right decision for yourself. It can be wise to get your own financial advisor in addition to seeking sound legal guidance.]]>