Calabrese Associates

Calabrese Associates Blogs

Blog Authors

Latest from Calabrese Associates

Child support is a crucial aspect of raising a child whose parents are not married, and it is the responsibility of both parents to support their child financially. However, in some cases, one parent may not fulfill their obligation to pay child support. This can create financial difficulties for the parent responsible for the child’s primary care. In Illinois, various strategies are in place for securing unpaid child support and enforcing court orders.
Strategies for Collecting Unpaid Child Support
Several strategies can be used to collect unpaid support when a parent is not paying child support.

  • Wage Garnishment- This is

Continue Reading Enforcing Child Support Orders in Illinois

High asset divorce is a complex and challenging process that requires a unique approach. In Illinois, high asset divorce cases involve significant financial assets and require expertise to navigate the legal system. This is why it is crucial to seek the help of an experienced attorney who can help you protect your financial interests as much as possible.
Dividing Assets
One of the main challenges is identifying and valuing assets. This includes everything from real estate and investments to retirement accounts and pensions. It is important to clearly understand the financial assets involved in the divorce to ensure that they
Continue Reading Understanding High Asset Divorce

The process of filing for a divorce can be hard to navigate. It can be stressful and emotionally challenging, so it is essential to understand the process before you begin. Knowing what to expect can help you mentally and emotionally prepare for the journey ahead. 
This blog post breaks down the steps in filing for divorce and what you should expect at each stage. 
Grounds for Divorce in Illinois
When getting a divorce in Illinois, it is important to understand that this state is a little different than others. With some other states, you have grounds for divorce, such as
Continue Reading What to Expect When You Are Filing For Divorce 

Divorce can be a complex and emotional process. It can be even more challenging when retirement accounts are involved. In Illinois, retirement accounts are considered marital property, which means that they are subject to division during a divorce. It is essential to understand the laws and regulations surrounding retirement account division to protect your financial future.
Understanding The Division of Retirement Accounts
When dividing retirement accounts in Illinois, there are a few key factors to consider. First, it is essential to identify all the retirement accounts subject to division. This includes 401(k)s, pensions, IRAs, and other retirement savings plans.
Continue Reading Divorce and Retirement Accounts: Protecting Your Financial Future in Illinois

If you own a business but are considering divorce, you may wonder how the divorce will affect your business. Illinois is an equitable distribution state, which means that most assets gained during the marriage are subject to division in a divorce. This includes businesses.
Here are a few things you should know when navigating a divorce with a business involved.
Businesses as Marital Property 
In Illinois, a business that was owned or operated by either spouse before the marriage is usually separate property and not subject to division during the divorce. A business that was started or purchased during
Continue Reading How is a Business Affected During a Divorce in Illinois?

In some instances, guardianship can be a critical step in protecting the rights of individuals who cannot take care of themselves or make crucial decisions. Guardianship gives authority over a person’s life to another individual, often a family member or close loved one. It is essential to understand when and why guardianship may be necessary so that you can provide proper care and protection for your loved ones. 
Health Conditions
If an individual has a medical condition that affects their ability to care for themselves, guardianship may be a good option to ensure their safety and well-being. For example, if
Continue Reading When is Guardianship Necessary?

 Divorce is never easy, but things can get even more complicated when your business is involved. Many businesses are considered martial property. This means that the business needs to be addressed during the asset division portion of the divorce. Valuing and dividing business assets is often complex and contentious. Here are four tips to keep in mind when going through a divorce in DuPage County with a business:
1. Understand the Tax Implications
Understanding how your taxes may be affected by your divorce, especially if you own a business, is essential. You may want to speak with an accountant or
Continue Reading Tips to Keep in Mind When Going Through a Divorce With a Business

Divorce is hard enough, but the process can get even more complicated when high-value assets are involved. If you are getting ready to go through a high-asset divorce, there are some steps you can take to make sure that your rights and assets are protected throughout the proceedings. 
Working with a high-asset divorce lawyer is vital to help you navigate the process and the legal jargon. However, you can benefit from preparing on your end, too.
Hire An Experienced Attorney
High-asset divorces can be highly complex, and the rules surrounding them vary from state to state, so you need a
Continue Reading How to Prepare For a High-Asset Divorce

The prenuptial agreement, more commonly known as just a prenup, is a contract between spouses that both parties sign before a marriage that decides how assets will be distributed in the event of a divorce. Many people are reluctant to sign prenuptial agreements because they believe that doing so creates an impression that divorce will be more likely, but prenuptial agreements can serve many important purposes.
The biggest benefit to having a prenuptial agreement is that property division in a divorce can be much more streamlined and involve far less dispute. People could have many other reasons for signing prenuptial
Continue Reading Do You Need a Prenuptial Agreement?

Illinois is an equitable division state when it comes to property division in a divorce, but not all assets are necessarily easy to split. When one spouse begins a business during a marriage, the company typically becomes marital property. Both spouses have a right to an equitable share of marital property.
Even when a spouse starts a business before getting married, the company can still become marital property if both parties’ funds were used in the company or the non-owning partner makes any contributions to a business. There are steps people can take to protect their businesses in a divorce
Continue Reading Protecting Businesses During Divorces in DuPage County

The general rule with a divorce decree or order for child support, child custody, or spousal maintenance is that the order becomes final as soon as it is entered, but there are certain situations that warrant post-decree modifications. A modification usually requires a significant change in circumstances for one of the parties necessitating a change, and you will want to seek the help of a Naperville modifications attorney.
Reasons for Modifications
Courts in Illinois only agree to modify court orders when petitioners have valid reasons for seeking an adjustment to the terms of a court order. Some of the
Continue Reading How to Modify a Divorce Decree in DuPage County

In some divorce cases, a spouse may seek payments for maintenance, which used to be more commonly known as alimony or spousal support. When a court in Illinois is considering a spousal maintenance case, it is generally going to have to review a number of factors before determining if maintenance is justified, how much it should be, and how long it will last.
People who are dealing with spousal maintenance as part of their divorce will want to seek legal representation for assistance filing their claims, whether they are the party seeking spousal maintenance or the party being asked to
Continue Reading Calculating Maintenance Payments in Illinois

There are many disabled adults who are completely independent and living productive and normal lives. However, other adults with certain disabilities may not be able to manage their affairs on their own and could benefit from having a legal guardian. A legal guardian for an adult is a fiduciary tasked with managing a disabled person’s finances and other aspects of their life to ensure that the ward is safe and well-cared for. If you have a disabled loved one you are concerned about, such as an elderly parent or disabled child who is turning 18 years old, you may
Continue Reading Who Is Considered a Disabled Adult for Purposes of Seeking Guardianship?

Prenuptial or postnuptial agreements can be used for a variety of purposes before or during a marriage. These agreements are contracts between couples who are married or are going to be married. Spouses or spouses-to-be can take steps such as setting aside separate property and reaching advance agreements regarding how property is to be divided in the event of a divorce. However, there are issues other than a potential divorce that can be addressed in the context of a prenuptial or postnuptial agreement. Many spouses also use their marital contracts to address the possibility that the marriage will terminate only
Continue Reading Actions Illinois Couples Can Take Using a Prenuptial or Postnuptial Agreement

Child support payments are calculated according to statutory guidelines. Child support payments may be ordered incident to a divorce, or for parents who were never married. These payments may be ordered judicially or administratively. After the initial child support order, there may be options for modifying the order. However, certain conditions must be met for a modification to occur. Either parent can move for a modification. In general, requests for child support modifications are sometimes granted based on a substantial change in circumstances or expenses. The Illinois Department of Healthcare and Family Services Division of Child Support Services reviews requests
Continue Reading When Can a Child Support Order be Modified?

As nearly the totality of all married couples owns some property jointly, so does almost every individual spouse own property that belongs solely to them. The vast majority of people do not enter a marriage entirely empty-handed. As we discussed in our last blog, it is possible to commingle separate property, thereby adding marital interest to individual property, it is also possible to keep property entirely separated such that in the event of a divorce, your spouse has no claim. Additionally, it is possible – and likely, even – that a married person acquires property during the marriage that exists
Continue Reading 4 Types of Separate Property You May Own