Top Issues Concerning Fathers in Illinois Divorces

 Posted on May 30, 2019 in Divorce

The domestic landscape has greatly changed from what it was 20 or 30 years ago. More fathers are stay-at-home dads than ever before, and many mothers earn incomes equal to or higher than their husbands. Though not all families are set up that way, the general attitude toward men as caretakers has become much more accepting. When a couple goes through a divorce, most fathers still want to play an active role in their child’s life, though they may feel discouraged and disadvantaged when doing so. Certain topics are still skewed in the woman’s favor in many courtrooms, even though the judge may not necessarily mean to do this. If you are a father who is going through a divorce, you should understand how certain issues may affect your rights as a father in Illinois.

Spousal Maintenance

The idea of spousal maintenance was originally created to allow wives who got a divorce to continue to share a portion of their ex-spouse’s income. This occurred mostly in the days when the women were predominantly stay-at-home mothers who did not have careers and did not earn their own income. 

In modern divorces, spousal maintenance is not awarded solely to women, but may be awarded to either spouse if they would not have the same standard of living after a divorce that he or she did during the marriage. Spousal maintenance is determined using a number of factors, including the education and employability of each spouse, the earning capacity of each spouse, and whether or not either spouse sacrificed his or her career to perform domestic duties.

Child Custody

For many fathers, child custody is something that they must fight over in a divorce. Even in 2019, mothers are still often seen as the primary caretakers for the children. Illinois courts believe that children develop their best when they have both parents playing an active parenting role in their lives. More courts are leaning toward equal parenting time, but many courts still give mothers the majority of parenting time and designate them as the “custodial” parent.

Child Support

Financial support for children goes hand in hand with child custody. Typically, child support is paid to the parent who has the children the majority of the time to help with expenses associated with raising them. With many mothers gaining the majority of parenting time with the children, that leaves many fathers with the responsibility of paying child support to the mother, which can put stress on the father’s finances.

Contact a Will County Fathers' Rights Attorney

Perceptions of domestic roles are changing, but that does not mean that everyone is always in agreement with these changes. Some people involved in your divorce process, such as judges, can inadvertently violate the rights you have as a father when determining things such as child custody or spousal maintenance. If you are a father who is concerned about his rights during your divorce, call our compassionate Mokena, IL fathers' rights lawyers today. At Wakenight & Associates, P.C. we can help you make sure you are being treated the way you deserve. Call our office today at 815-727-6144 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59