Happy New Year from M. Scott Gordon & Associates

From All of us at M. Scott Gordon & Associates we wish you a Happy and Healthy New Year. Should you need any legal services for Divorce, Family Law or Child Custody please contact your Family Law Advocate by calling or Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. Have a safe and healthy New Year.

M. Scott Gordon & Associates - Chicago Divorce Attorney

Contact a Chicago area Divorce Attorney

If you are going through a divorce in Chicago, Cook / Lake or Du Page Counties,  and want to better understand how it will affect you, contact the Chicago area Divorce attorneys at M. Scott Gordon & Associates, and see how we can help and support you through the divorce proceedings.

How Can A Divorce Affect My Immigration Status?

How Can A Divorce Affect My Immigration Status?

By: M. Scott Gordon

Generally, immigration status does not affect a Divorce. A couple can get Divorced in Chicago or the surrounding areas regardless of either spouse’s immigration status. The Illinois law applicable to divorce requires one of the divorcing spouses to reside or officially live in Illinois before filing for divorce. The law does not mention immigration status, however, the residency requirement could be a potential problem for an illegal immigrant spouse, unless they are somehow able to prove residence in Illinois.

On the other hand, divorce can affect immigration status. The effect of a divorce on immigration status depends initially on whether or not an immigrant has entered the U.S. legally or illegally.

Legal Immigrants

When an immigrant enters the country legally, there are different ways in which he or she can become a citizen or a permanent resident. If a spouse helps with the application for permanent residency, divorce can affect the application depending on how far the application has progressed at the time the couple divorces.

Immigrants who are granted conditional permanent residency through marriage have to apply jointly with their spouses for the conditions to be removed after a certain amount of time. For couples who are divorced, or where one spouse is a victim of domestic violence, a spouse can apply for a waiver to allow him or her to apply for the removal of conditions alone.

Note that if you signed an affidavit of support so your spouse could become a permanent resident or a U.S. citizen, you may still remain liable for her or his support after your divorce. The United States Customs and Immigration Service (USCIS) cautions that divorce does not end the obligation taken on by signing an affidavit of support. This means that after a divorce, a person who signs an affidavit can be compelled to provide support to their ex-spouse based on that affidavit.

Illegal Immigrants

 For a spouse that entered the country illegally, a divorce may indirectly affect immigration status. Sometimes the lack of a legal immigration status can be used as leverage by one spouse to gain an upper hand in divorce proceedings. A spouse may threaten that they will report the other spouse and have them deported unless they give up custody or the right to financial support.  These threats are not in the divorce court, but usually made by the “legal” spouse privately.  If such threats are made, you should inform your attorney.

When a couple is seeking a divorce in Chicago, Cook / Lake or Du Page Counties, they have to exchange financial disclosure information that includes income and debts that each spouse has in their name.  A spouse who is illegally in the country may also lack an official source of income with pay stubs and other means of assessing monthly income. This would make it difficult for a court to determine the appropriate amount to order in child support or spousal support, especially if the illegal immigrant spouse claims to be unemployed.  Note that a parent still has parental rights regardless of immigration status, and therefore would technically be able to apply for visitation and custody.

Contact a Chicago area Attorney

If you are going through a divorce in Chicago, Cook / Lake or Du Page Counties,  and want to better understand how it will affect you, contact the Chicago area divorce attorneys at M. Scott Gordon & Associates, and see how we can help and support you through the divorce proceedings.

How to Handle College Expenses after a Divorce

How to Handle College Expenses after a Divorce

By M. Scott Gordon 

With annual tuition costs ranging from over $15,000 for Illinois in-state tuition to over $40,000 at a private university, paying for a child’s college expenses can be quite expensive. Parents may have some savings set aside to pay for college, but these do not always cover all the costs of a college degree. Taking out student loans may be one way to pay for the expenses, but that may saddle a college graduate with a large unmanageable debt after graduation. Therefore, whether you have teenagers about to go to college, or younger children who may not go to college for a few years, college education funds may be planned for in a final divorce decree if you and your spouse decide to separate.

Funds May Come from Both Spouses

According to section 513 of the Illinois Marriage and Dissolution of Marriage Act, a court can allocate finances from either parent’s income or property to pay for their children’s educational expenses. The court can order financial contributions for tuition, books, room and board and other similar educational expenses, and also for medical and dental insurance coverage.

In determining how to allocate expenses between the parents, a court considers the following factors, amongst others:

·         The parents’ financial resources;

·         The child’s standard of living, had the parents stayed married;

·         The child’s financial resources; and

·         The child’s academic performance.

Who Can Ask For Financial Contributions?

Petitions for financial contributions can be made by either parent during a divorce and after a divorce.

When Can Petitions For Financial Contributions Be Made?

 A parent can ask the court for educational contributions during the divorce, but can also reserve a petition until later after the divorce petition has been finalized. A parent seeking to reserve the issue of college financial contributions should be careful about when they later ask the court to order the contributions.

According to the Illinois Supreme Court, a parent who petitions a court for financial contributions is only entitled to assistance for expenses that come after the petition. That means that if a parent starts paying for college expenses, and then makes a petition for a court to order the other parent to contribute, the court can only order the other parent to contribute to future expenses. The petitioning parent has to bear the pre-petition costs alone.

Contact an Attorney

If you are going through a divorce and need assistance working out the details of your children’s educational expenses, contact M. Scott Gordon & Associates, and see how we can help you in this important aspect of your divorce. We are located in Skokie and in Chicago, and we are prepared to help you today.