Posted on October 29, 2020 in Spousal Support

There are many different reasons that an ex-spouse could seek a modification of spousal maintenance (also described as alimony or spousal support). In a divorce case in DuPage County, the court might award spousal support to one of the parties based on certain factors from the marriage, and that spouse’s ability to earn a living without obtaining additional education or training. In short, an Illinois court may determine that spousal maintenance is appropriate, and then it will award a specific amount of alimony. In most cases, the amount and the duration of alimony is based on a formula, so it is streamlined. Yet that formula considers both spouses’ incomes when determining the amount of the award.

Accordingly, if one of the spouse’s incomes changes significantly, it could be a reason to ask the court to modify the support payments. We want to provide you with more information generally, but if you have specific questions about your particular circumstances, you should seek advice from an Oakbrook Terrace divorce lawyer.

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 Posted on October 15, 2020 in Child Custody

If you are in the early stages of your divorce case, or if you are considering a divorce in DuPage County, you may have concerns about your child’s religious upbringing once you and your spouse are sharing parental responsibilities from different households. Many parents in the DuPage Muslim community have had similar concerns while going through divorce cases, and it is important to know that Illinois law does have specific elements to guide courts in determining how a child’s religious upbringing will be handled after a divorce.

Generally speaking, courts will respect any agreement the parents have made about the child’s religious upbringing, but it is essential to have an experienced DuPage County child custody lawyer on your side who can represent you. Even if you do have an agreement with your spouse, divorces and child custody cases can get contentious, and you will need an advocate on your side.

When You Have an Express Agreement with Your Spouse About Your Child’s Religious Upbringing

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 Posted on October 01, 2020 in Family Law

When you go through a difficult divorce involving minor children from your marriage, the prospect of needing to go back to court in order to modify an order can feel daunting. However, parents and children can experience significant changes in circumstances that require a modification of an existing allocation judgment or child support order. In particular, if you lose your job or if you suddenly are required to take a substantial pay cut, you may be concerned about meeting your child support obligation. Under such circumstances, it may be possible to ask the court to modify the child support order. When you are seeking a modification, you should always work with an experienced DuPage County family law attorney.

How DuPage County Courts Determine Child Support

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts in DuPage County and throughout Illinois determine child support obligations based on guidelines and the “income shares” model for calculating child support. This method is streamlined based on the total income of both parents. In using the income shares model, the court will combine both parents’ incomes to determine the total income. Then, the court will look at the Illinois child support guidelines, which provide a specific monthly child support obligation based on the total income (of both parents) and the number of minor children in need of support.

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 Posted on September 17, 2020 in Family Law

If you are going through a complicated family law matter and it seems as though it will be difficult or even impossible to resolve the dispute without doing harm to your family, you might want to consider a form of alternative dispute resolution (ADR). More specifically, family mediation might be able to provide you with the necessary tools to resolve the dispute with your spouse or another family member while helping you to keep costs down. If you have questions or want to learn more about family mediation in DuPage County, you should seek advice from one of the Oakbrook Terrace family law attorneys at Farooqi & Husain Law Office. We are committed to serving the Muslim community and can discuss ADR options for your family law case.

What Is Mediation?

Under Illinois law, mediation is defined as a process in which a mediator facilitates communication between parties to assist them in reaching a voluntary agreement regarding their dispute. A neutral third party known as a mediator is the figure who facilitates dialogue between the parties and helps them to reach a decision that resolves their dispute. Mediation can be helpful in family law cases, but it is not limited to family law matters. To be sure, mediation can be used in an attempt to resolve a wide variety of legal disputes.

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 Posted on August 31, 2020 in Family Law

If you are in the process of filing for divorce in DuPage County, or you are planning to file for divorce, you may have questions about child support and college expenses after the divorce. In particular, if you and your spouse have one or more children who are nearing the age where they will attend college, the matter of paying for college expenses can become contentious, especially if you had college expenses plans in place that will be difficult to maintain after a divorce. You might want to know: can the court order one or both of the parents to pay for college expenses under Illinois law?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), in a divorce, educational expenses for a non-minor child can be awarded. The following information can help you to learn more about how this works. If you have additional questions or need assistance, you should reach out to an Oakbrook Terrace divorce lawyer. The advocates at Farooqi & Husain Law Office are committed to serving the Muslim community and can begin working with you on your case today.

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 Posted on August 17, 2020 in Child Custody

At Farooqi & Husain Law Office, we have years of experience representing parents in the DuPage County Muslim community in a wide variety of divorce and family law matters. We often speak with parents who have questions about child custody, known as "parental responsibilities" under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The following are some of the common questions we receive, along with answers that can help you to gain a better understanding of child custody in Illinois. If you plan to move forward with a divorce in which parental responsibilities will need to be allocated, you should seek advice from a DuPage County family lawyer.

What Are the Different Types of Parental Responsibilities?

There are two different types of parental responsibilities under the IMDMA: significant decision-making responsibilities and parenting time. The language in the IMDMA changed in the recent past, incorporating these forms of parental responsibilities instead of legal and physical custody. You can think about significant decision-making responsibilities like legal custody (when a parent has the right to make significant decisions about the child’s life and upbringing), and you can think about parenting time like physical custody or visitation (when the child spends time with the parent and the parent provides caretaking functions).

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 Posted on July 17, 2020 in Child Custody

If you are planning to file for divorce from your spouse, or if your spouse recently filed for divorce in DuPage County and you have been served with divorce papers, you may be unsure about the next steps that will follow in your divorce case. For couples with minor children from their marriage, the process of moving forward with a divorce can be particularly stressful. As you might already know, rather than awarding child custody to one or both parents, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) clarifies that parents should be allocated parental responsibilities based on the “best interests of the child” standard. But what do courts mean when they refer to the best interests of the child?

The IMDMA provides some clarifying language that can help parents to understand what courts are aiming for when they allocate parental responsibilities. If you still have follow-up questions after learning more about the best interests of the child standard, you should get in touch with a DuPage County child custody lawyer to learn more.

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 Posted on July 17, 2020 in Family Law

When you are considering divorce in Oakbrook Terrace, you may be wondering whether you should bring up issues that pertain to your spouse’s fault. In other words, if your spouse engaged in behaviors that led to the destruction of the marriage—such as adultery, family violence, or even behavior that runs counter to your cultural values—you may be pondering whether it will make sense to raise these issues when you file for divorce or respond to a divorce complaint. Some spouses assume that bringing to light matters of “fault” can be beneficial when it comes to spousal maintenance or child custody. While a history of family violence certainly can play a role in the court’s determination of how parental responsibilities should be allocated, you should know that Illinois is firmly a “no-fault” divorce state.

Accordingly, even if your spouse engaged in actions or behavior that are counter to Islamic law, or that are in clear violation of your family’s moral principles, these matters of “fault” typically will not be relevant in a secular divorce proceeding under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). We will provide you with more information about “no-fault” divorce in Illinois, but we want to emphasize that one of our experienced Oakbrook Terrace divorce lawyers can speak with you today if you have additional questions or need representation in your divorce case.

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 Posted on June 30, 2020 in Family Law

Divorces in DuPage County can be contentious, particularly when a married couple shares minor children from the marriage. When a couple does divorce, it can also be difficult for extended family members to hear that they will not automatically be granted time with the children. Many Muslim families in Oakbrook Terrace with young children involve grandparents in the children’s lives, and it can be devastating for grandparents to learn that they might not be spending as much time with the children once the divorce is finalized and the allocation judgment outlines parental responsibilities and parenting time. In some situations, a grandparent or another non-parent (such as an adult sibling or a step-parent) might try to seek the equivalent of parental responsibilities.

Do courts ever grant rights to grandparents and other non-parents? In limited circumstances, the court may determine such an arrangement is in the child’s best interests. Our experienced DuPage County family lawyers can explain in more detail.

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 Posted on June 15, 2020 in Islamic Divorce

We often work with families in the DuPage County Muslim community who have questions about the ways in which Islamic laws are both in conversation with and distinct from Illinois state laws concerning divorce, child custody, and related matters. One issue that often arises in general conversations about Islamic law and divorce is the options that are available to women who want to file for divorce. A recent study of Muslim women and Islamic divorce traditions discusses some of the assumptions that people make about women and Islam, and the various options that may be available to women who are religious and also want to get divorced.

If you are considering your options for divorce but have concerns about divorce in the Islamic tradition versus divorce under state law, one of our experienced Oakbrook Terrace divorce attorneys can speak with you today. At Farooqi & Husain Law Office, we are committed to serving the Muslim community in DuPage County and can discuss options with you.

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