A judge?s gavel coming down on a broken heart designFor the past several months, I’ve been providing information on the new Illinois Marriage and Dissolution of Marriage Act that went into effect on January 1, 2016.

Outlined below are a few more important changes from a recent article by P. André Katz and Erin B. Bodendorfer in the Illinois Bar Journal.

This is key information for those in the midst of an Illinois divorce, particularly parties with children.

RESTRICTIONS ON EDUCATIONAL EXPENSES AFTER HIGH SCHOOL

Educational expenses for children continuing beyond high school can be incurred until a student turns 23, but no later, unless for good cause or on the agreement of both parents. However, awards cannot be made under any circumstances once a student is 25 years of age.

Without good cause, the allowed amount for tuition, fees, meals, and housing cannot exceed what is charged for these expenses at the University of Illinois at Champaign-Urbana. Medical and other living expenses are not part of this capped amount. Students receive this benefit as long as they maintain a “C” average or better.

This provision ends when a student reaches the maximum age allowance, receives a bachelor’s degree, or gets married. However, it will continue if the student becomes pregnant, goes to jail, or joins the military.

When setting the award for post-secondary education, the court can consider how this decision will affect the current and future financial situation of both parties.

SUPPORTING A NON-MINOR CHILD WITH DISABILITIES

Under the new law, the court can now order that awards to support a disabled non-minor child be paid to a trust for the benefit of that child. Parties must apply for this award either when the child is eligible for child support or is eligible for post-secondary educational expenses.

USE OF FINANCIAL EXPERTS

When valuing assets or property, the court may appoint financial experts or other specialists to reduce or eliminate the costs of each party engaging their own professional for the purpose of asset protection in divorce.

MARITAL AGREEMENT MODIFICATIONS

The new law describes what is and is not open for modification in a marital agreement. Decisions on property can never be modified. The following are open to revision based on the requestor showing a major change of circumstances: parental responsibilities, child support, maintenance, and educational expenses. Parties can also decide on modifications of maintenance amounts, time, or both.

These new laws are meant to be more fair and transparent for all parties involved in a divorce. They also provide the opportunity for open discussion so that all parties can come to mutual agreement on various issues. Sometimes, however, parties reach an impasse. When this happens, divorce mediation can often help everyone to reach a consensus.

The professionals of Birt Law are trained in the effective use of family mediation and collaborative law procedures. Contact me to learn how we can help in your specific situation.


ABOUT ERIN BIRT

Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.