Ekker Law, P.C. / Steven B. Ekker, Esq.

Recent Blog Posts

Will I Have to Pay Spousal Support if My Spouse Does Not Work?

 Posted on February 20, 2023 in Divorce

kane county divorce lawyerDivorcing spouses often have many questions and concerns about spousal support. Individuals who have been out of the workforce due to household responsibilities, child-related responsibilities, disability, or other reasons may worry about how to make ends meet after the divorce. They want to make sure they have the financial support they need. Breadwinners worry about how much spousal maintenance they will have to pay and how long it will last.

If you are getting divorced, make sure you understand Illinois laws regarding spousal support. For personalized guidance tailored to your specific situation, seek out the advice of a qualified family law attorney.

Spousal Maintenance Basics in Illinois

In Illinois, spousal support—also called alimony and maintenance—is an order from the court for one party in a divorce to pay the other for his or her financial support. Some spouses negotiate a spousal maintenance arrangement during the divorce process. If the spouses are able to cooperate and negotiate in good faith, they may be able to avoid the expense and hassle of a court battle.

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Helping Your Child Transition to a Two-Household Lifestyle After a Divorce

 Posted on February 08, 2023 in Divorce

Sugar Grove divorce attorneyIf you are getting divorced or separated and you have children, you may worry about how your children will cope with the split. One of the most difficult transitions for children to make after a divorce is getting used to living between two different households. It can be daunting and overwhelming for them as they try to adjust to new environments, rules, and expectations. But there are ways you can help ease this transition and make it easier for your child.

Be As Consistent as Possible

First, you and your co-parent should try to maintain consistency in the rules and expectations between both households. Try to have some discussions ahead of time so that you are both on the same page when it comes to issues such as bedtimes, video game limits, schoolwork responsibilities, and chores. This way, no matter where they are staying, your child will always know what to expect.

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What Divorced Parents Should Know About College Expenses in 2023

 Posted on January 23, 2023 in Divorce

Kane County child support lawyerIn the state of Illinois, child support obligations typically end when a child becomes and adult and graduates from high school. However, this does not necessarily mean that a parent’s financial responsibility for the child ends. In fact, some parents are required to pay for their child’s college education.

The cost of college tuition has been rising steadily for the past several decades, making it a major financial burden for many families. Illinois has specific laws that describe divorced parents’ rights and obligations regarding college education expenses.

Both Parents and the College Student May Be Required to Contribute to College Costs

Under Illinois law, courts have the final say in determining who is responsible for paying any educational expenses related to attending college or university. Generally speaking, both parents will be expected to contribute to these costs if they can afford it—but the exact amount each parent is required to contribute will depend on several factors including their incomes and assets, as well as other relevant factors such as the child received any scholarships or financial aid. The court may require the child to contribute to college expenses as well.

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Crucial Evidence After a Commercial Truck Crash

 Posted on January 10, 2023 in Personal Injury

Kane County personal injury lawyerA commercial truck accident can be devastating, and if you are involved in one, it is important to gather as much evidence as possible. Even more importantly, work with an experienced personal injury attorney who can ensure that the evidence is gathered and preserved properly so it is not lost or destroyed. Good evidence can make all the difference in getting the compensation that you deserve. Here is an overview of what kind of evidence you should look for after a crash.

The Police Report

First and foremost, you should get a copy of the police report as soon as possible. The report will document the facts of the accident from an official standpoint and will be invaluable in determining fault and damages.

Driver Logs

If the accident involves a commercial truck driver, then their logs are worth looking into. Drivers are required by law to keep detailed records of their hours worked and miles driven in order to ensure that they are not overworked or driving too far with too little rest. If these logs show any violations (such as working hours beyond legal limits), then this could help prove that the driver was negligent and thus liable for your damages.

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What Can I Do If My Adult Child Will Not Let Me See My Grandchild?

 Posted on December 20, 2022 in Family Law

Sugar Grove family law attorneyFor many grandparents, having grandchildren is one of the great joys of life. The relationship a grandchild has with his grandmother and grandfather is very special. When something threatens that relationship, grandparents need to understand their rights.

In most situations, only parents have the legal right to spend time with their children. However, there are circumstances in which a grandparent may be able to petition the court for visitation rights.  

Illinois Law Regarding Grandparent Visitation

Illinois courts recognize that many grandparents play critical roles in the lives of their grandchildren. The sudden loss of the grandparent-grandchild relationship can be devastating to the child. The court will enter an order for grandparent visitation that gives the grandparent access to his or her grandchild if certain conditions are met, and grandparent visitation is in the child’s best interests.

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False Income Reporting in Illinois Child Support and Spousal Maintenance Disputes

 Posted on December 08, 2022 in Family Law

Sugar Grove divorce lawyerFinancial matters are often at the heart of a contested divorce case. Each spouse in a divorce case is expected to provide an accounting of their assets, income, expenses, and debts to the court. This information serves the basis of many different decisions, including decisions about child support and spousal support.

However, some spouses fail to report accurate financial information on their financial affidavits. This is often done in bad faith. For example, spouses may try to reduce their child support or spousal support obligation by failing to report income from a side job or underreporting how much they make each year. Sometimes, it is the recipient of support who lies about income during divorce.

Whatever the specifics may be, falsifying income during a divorce case can significantly affect the outcome. If you suspect that your spouse is lying about financial information during your divorce, make sure to work with a divorce lawyer who can protect your right to a fair divorce outcome.

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What Happens to Stock Options in an Illinois Divorce?

 Posted on November 28, 2022 in Divorce

Sugar Grove complex asset division lawyerComplex assets like stock options can complicate the divorce process substantially. Often, because stock options are granted as an incentive for continued service, they depend on other factors such as tenure and performance. Furthermore, different types of stock options can have drastically different values, making it difficult to assign an exact value during the divorce process. If you are getting divorced and you or your spouse own stocks, stock options, investments, business interests, or other complex assets, make sure you work with an experienced divorce attorney who can guide you through the asset valuation and division processes.

Addressing Stock Options During Divorce

Stock options give an individual the right to purchase or sell stock at an agreed-upon price. Often, employees receive stock options that allow them to purchase stock in the company after a certain amount of time. Stock options are considered compensation just like income, bonuses, commissions, and other types of income. This means that stock options earned during the marriage are considered marital property. Marital property in an Illinois divorce is subject to equitable division. Each spouse is entitled to an equitable share of the value of stock options in a divorce.

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Can I File an Injury Lawsuit if I Got Hurt at a Restaurant?

 Posted on November 11, 2022 in Personal Injury

Sugar Grove premises liability attorneyGoing out to eat is one of life's simple pleasures. However, when a trip to a restaurant, pub, diner, or bar turns into a trip to the emergency room, the experience is anything but pleasant. If you or a loved one sustained a serious injury at a restaurant, you may be wondering if you can file a personal injury claim or lawsuit against the establishment.

The answer depends on several factors, including the cause of the accident, who is at fault, and the laws in your state. In this article, we will explore some of the most common ways people get hurt at restaurants and bars and discuss whether or not you may be able to file a lawsuit.

Restaurant Slips, Trips, and Falls

One of the most common ways people are injured at restaurants is by slipping and falling. Wet floors, cluttered walkways, parking lot defects, and uneven surfaces can all lead to serious accidents. If you've been hurt in a fall at a restaurant, there are a few things you'll need to prove to have a successful case.

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Tips for Stay-at-Home Moms Getting Divorced in Kane County

 Posted on October 26, 2022 in Divorce

Kane County Divorce AttorneyStaying home to raise children is one of the most important and rewarding jobs a person can have. It is also one of the most demanding, both emotionally and physically. So when a stay-at-home mom gets divorced, it can be a very difficult time. Many stay-at-home parents worry about the financial impact of divorce, especially if they have been out of the workforce for a while. Before you begin the divorce process, it is important to understand your rights and options so you can make the best decisions for yourself and your children.

Consider Petitioning the Court for Spousal Support

Stay-at-home parents sacrifice their careers to care for their children full-time. Unfortunately, this can put parents in a vulnerable position during a divorce. Without an income of their own, many unemployed parents worry about how they will make ends meet after the divorce.

If you make little to no income, you may be eligible for spousal support payments. Whether or not you are awarded spousal support will depend on a number of factors, including the length of your marriage, your earning potential, and the standard of living you established during your marriage. In Illinois, parents may receive temporary spousal support payments during the divorce process as well as ongoing spousal maintenance after the divorce.

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How is Inheritance Handled in an Illinois Divorce?

 Posted on October 12, 2022 in Divorce

Kane County Divorce LawyerWhen a married couple decides to divorce, they are faced with several complex financial matters. Money and property inevitably become intertwined during a marriage, and dividing these assets can be a complicated and emotionally charged process. Property acquired by inheritance can be a sticking point. This blog will discuss how assets obtained through inheritance are handled in a divorce case.

Is Inheritance Considered Joint Property?

There are two main classifications of property in an Illinois divorce. Marital property is jointly owned by both spouses. Non-marital property or separate property belongs to only one spouse. Assets the spouses owned prior to getting married are non-marital assets while assets acquired during the marriage are marital assets. Typically, money or property that a spouse receives in an inheritance is categorized as non-marital property regardless of when it was received. For example, if a man leaves a car to his married son in his will, the car belongs solely to the son. However, several different issues can complicate ownership of property acquired through inheritance.

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