Robert A. Chapski, Ltd.Robert A. Chapski, Ltd.2026-07-21T19:44:00Zhttps://www.chapskilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1300217/2020/03/cropped-RobertAChapski_FAVICON_512x512_MAR20-32x32.jpgOn Behalf of Robert A. Chapski, Ltd.<![CDATA[4 tips for telling kids about divorce]]>https://www.chapskilaw.com/?p=484562026-07-21T19:44:00Z2026-07-21T19:44:00ZIt is important to carefully consider how you talk to your children about divorce. The way this conversation occurs can really impact how they take the news, how they react to it and how they adjust to the changes in their lives.
To some degree, every case is different. You need to consider the specifics of your own family dynamics and what your children need. But here are four tips that may help.
Talk to all the children at once
For parents with multiple children, remember that this should be a family conversation. All of the children should find out together, rather than talking to them one at a time and risking someone finding out about the divorce from another party.
Avoid stressful situations
When deciding when to break the news, try to avoid any other obligations or things that may cause the children stress. Examples include holidays, birthdays, graduations or even exams at school.
Let them ask questions
Remember that your children will probably have questions about why the divorce is happening or what life will look like after it concludes. Make sure that this conversation goes both ways and that they have a chance to ask questions and get answers.
Present a united front as parents
Ideally, you should avoid blaming your spouse for the divorce, at least in front of the children. Instead, try to be united in the fact that you both care about the children and demonstrate to them that both of you will still be involved in their lives.As you go through the divorce, you may have many questions about your child custody rights and related issues, and it may help to work with an experienced family law attorney.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[When can you request a child support modification in Illinois?]]>https://www.chapskilaw.com/?p=484552026-07-21T05:24:06Z2026-07-21T05:24:06ZWhat counts as a substantial change?
An Illinois court generally requires the parent requesting a modification to prove a substantial change in circumstances. The judge applies this standard by comparing the facts behind the current order with the conditions that exist today.
There is no fixed percentage for proving a substantial change. Instead, the court considers the nature, extent and likely duration of the change, so a modest raise or temporary increase in expenses may not justify a new amount.
Which events may justify a modification?
Several developments may support a request to recalculate new child support order, including:
A lasting rise or drop in either parent’s income, such as a job loss or promotion
A meaningful shift in parenting time between the two households
New medical, educational or child care expenses for the child
A serious illness or disability that limits a parent’s ability to work
Parents receiving child support enforcement services through the Illinois Department of Healthcare and Family Services may also request a review every three years without proving a substantial change. Under this route, the guideline amount must differ from the existing order by at least 20%, but no less than $10 per month. The rule does not apply when the existing order reflects a deviation and the circumstances behind that deviation remain unchanged.
What evidence do courts consider?
If you request a change, you must prepare and provide documents to demonstrate what happened and how it affected your finances or your child’s needs. These can include:
Recent pay stubs, tax returns and W-2 forms for both parents
A completed financial affidavit listing income, expenses, assets and debts
Termination letters, unemployment records and proof of a search for replacement work
Medical records and bills that document a new health condition
These records help the judge decide whether the shift is substantial and likely to last. After a job loss, applications, interview logs and training documents can show that you are making reasonable efforts to find comparable work.
How can you proceed?
You can begin by submitting a Motion to Modify to the circuit court that entered the existing order and providing proper notice to the other party. At the hearing, each side presents updated financial disclosures and documents supporting the requested adjustment.
The judge generally can revise only installments due after notice of the motion. Amounts that accrued before that point remain unchanged, even if your circumstances shifted months earlier.
While the case is pending, you remain responsible for the previously approved payment. An informal arrangement, including one in writing, does not alter that obligation without judicial approval, and any shortfall may become past-due support.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[How long do you have to respond to a divorce in Illinois?]]>https://www.chapskilaw.com/?p=484502026-07-06T14:19:13Z2026-07-06T14:19:13ZIf your spouse files for divorce in Illinois, you typically have 30 days to respond. You need to file an Entry of Appearance form. At the same time, you must either pay the filing fee associated with the form or apply for a fee waiver.In some cases, couples already agree on all the issues, such as the division of property or child custody. They can request a hearing where they explain the terms of the agreement to the judge and request that the divorce be granted. In other cases, couples are not on the same page regarding key issues like custody rights, so they need to set up an initial hearing, move through the court process, and have a judge make a decision on their behalf.Whether you and your spouse already agree on the terms or not, however, you have a 30-day deadline that must be met.
What if you miss the deadline?
If you miss the deadline and do not file the appropriate response within 30 days, your spouse can request a default judgment. This means the judge can enter a default divorce, granting the dissolution of the marriage even without your input. Ignoring the divorce petition can delay the process, but it certainly does not make the divorce impossible.However, if you do this, you will lose your chance to be involved in important decisions regarding the terms of the divorce. It is generally best to respond promptly and begin looking into your legal options.
Moving through a divorce case
Many couples are going through a divorce for the first time, so they do not know exactly what the process entails, and it can feel overwhelming. If you are in this position, it can help to work with an experienced Illinois divorce attorney.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Can you get an order of protection without a police report?]]>https://www.chapskilaw.com/?p=484492026-06-19T13:14:56Z2026-06-19T13:14:56ZA police report is only one type of evidence
Your case does not depend on a single document. A police report may support your petition, but the law does not require one before you can seek an order of protection.
Instead, the court will consider the facts and evidence available in your situation. The absence of a police report is only one fact among many that a judge may consider.
What evidence can support a request for protection?
If you seek an order of protection, the court may consider different types of information, including:
Describing the incident through your testimony
Providing text messages, emails or social media communications
Showing photographs of injuries or property damage
Presenting medical records
Offering statements from people who witnessed the conduct
Identifying prior incidents involving the same person
You do not need every type of evidence listed above. The information available in your case may look different from someone else's, and courts evaluate each case based on its own facts.
What happens after you file a petition?
After you file a petition, a judge will review your request. In some situations, the court may issue an emergency order of protection when the facts indicate that immediate protection is necessary.
The court may also schedule a hearing to receive additional information. Depending on the circumstances, an order of protection may restrict contact, grant temporary possession of a residence or provide other protections allowed by law.
Seeking protection without a police report
Not having a police report does not automatically prevent you from requesting an order of protection. Courts consider the facts and available evidence in each case when deciding whether legal protections are appropriate.
Because every situation is different, the outcome of your case will depend on the information presented to the court and the circumstances surrounding your request.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Which co-parent decides where their kids attend school?]]>https://www.chapskilaw.com/?p=484482026-06-17T22:41:35Z2026-06-17T22:41:35ZShared legal authority is common
If parents share physical custody or parenting time, they are also likely to share legal custody or the right to make decisions. In a shared legal custody case, both parents can make simple, short-term decisions about the children during their parenting time.
However, they often need to discuss any significant decisions with long-term implications with one mother. Both parents may need to consent to a change of school enrollment or to non-emergency medical interventions.
In scenarios where parents find themselves disagreeing about what is in the best interests of their children, disputes about major decisions may require the intervention of a family law judge. A judge can either resolve the dispute by making a decision for the family or can modify the custody order to reallocate legal custody and prevent similar disputes in the future.
Knowing what the law requires from parents who share custody can help people create more effective parenting arrangements and assert themselves appropriately during a co-parenting dispute. A lawyer familiar with complicated custody cases can help parents when they need to enforce or modify a custody arrangement due to a dispute about decision-making authority.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[What is a gray divorce?]]>https://www.chapskilaw.com/?p=484452026-06-11T03:05:56Z2026-06-11T03:05:56Zgrowing more common. Most younger Americans, such as those under 45, have experienced a declining divorce rate over the years. However, Baby Boomers and other older Americans have seen their divorce rate increase.
How does age change a divorce?
There are two major ways that age can affect a divorce case. The first is that many older couples no longer have minor children. They do not have to work out a physical child custody schedule or debate legal custody rights to make decisions for their children. Therefore, one major reason for conflict in many divorces is eliminated.
In other ways, however, things can get more complicated. Older couples have to worry about protecting their retirement savings as well as other financial assets. They may have more complicated assets to consider, including investments, real estate, businesses and much more. From a financial perspective, divorce is often more complex than it would be for younger couples who simply do not have as many assets to divide.
Navigating a gray divorce can be difficult, and it is important for couples who are going through this process to understand what legal steps they need to take. Having experienced legal guidance can help.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Divorce can have an impact on your credit score]]>https://www.chapskilaw.com/?p=484422026-05-28T11:58:26Z2026-05-28T11:58:26ZPeople who are going through a divorce have to consider a variety of factors as they work through the property division process. Many may automatically think about the assets they have to divide, but that’s only part of what happens.
Debts that were acquired during the marriage don’t automatically go away because of a divorce. Instead, a plan for the debts has to be figured out as part of the property division process.
What options do you have for debts?
Your circumstances determine what options you have for debts. It may be possible to liquidate assets to pay for the debts before the divorce is finalized. If that’s not possible, each debt will have to be assigned to a person. When debts aren’t paid off, and they’re assigned to one person, creditors can still hold both spouses liable for the balances. This means that one party’s failure to pay the debt can result in a negative mark on the other party’s credit score. The only way to prevent this is to ensure that both parties have the debts transferred into their own name, but that might be difficult.Creditors aren’t bound by divorce orders, so they don’t have to remove either party’s name from an account. They can still require that the party responsible for the debt have a suitable credit score and meet other standard criteria to have the debt listed as an individual account. Debts are sometimes used to balance out the assets during the property division process. It’s critical to understand how each option you have will impact you now and into the future. This includes considering how they will affect your credit score. Working with someone familiar with these matters may be beneficial as you go through this process.
]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[How can temporary relief orders help during divorce in Illinois?]]>https://www.chapskilaw.com/?p=484402026-05-19T09:26:50Z2026-05-19T09:18:49Z can create money problems long before the court finishes your case. You may worry about paying bills, staying in your home or covering your children’s daily needs. In Illinois, temporary relief orders may help you create more financial stability while your divorce moves through the court process.
These court orders often deal with urgent financial issues early in the case. As a result, you may gain a clearer plan for handling expenses during a stressful time.
Understanding how temporary orders address financial needs
Illinois courts may review requests for temporary financial support and property access soon after you file for divorce. These requests often focus on keeping the household stable and helping both spouses manage daily expenses during the case.For example, you may ask the court to decide:
Temporary support payments from your spouse
Child-related payments for school or medical costs
Temporary use of the marital home or family vehicle
Monthly payments for mortgage, rent or utility bills
These temporary arrangements may help ease financial stress while the court reviews larger issues, such as property division and long-term support.
Understanding how early action protects marital assets
Taking action early in the divorce process may help protect shared property and financial records. In some situations, one spouse may move money, stop paying bills or block access to shared accounts during the dispute. Temporary court orders may help stop those problems from becoming more serious.The timing of your filing may also affect financial responsibility during the case. Filing for temporary relief early may allow the court to review unpaid expenses or back payments from the date you filed your request. This step may help prevent one spouse from handling all the bills alone while the divorce remains pending.
Preparing your documentation for a temporary relief hearing
You will likely need financial records to support your request for temporary relief. Illinois courts often review both spouses’ income, regular expenses and household bills before making temporary decisions.Helpful records may include:
Recent pay stubs and recent tax returns
Monthly expense lists and monthly budget details
Mortgage statements, rent statements and utility bills
Bank account records and debt records
Clear records may help the court better understand your financial situation while the divorce case continues.
Modifying existing orders as your circumstances change
Temporary relief orders usually stay in place until the court issues a final divorce judgment or changes the order. Divorce cases sometimes take months to resolve, and financial or parenting situations may change during that time.If major changes happen, either spouse may ask the court to review and adjust the temporary arrangements. Learning about your options early may help you make informed financial decisions throughout your Illinois divorce case.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Can you still fly overseas with the kids after your divorce?]]>https://www.chapskilaw.com/?p=484392026-05-14T18:05:54Z2026-05-14T18:05:54ZAdequate documentation is key
You will need to be able to prove several things to airline or border staff who could potentially prevent you from boarding a plane with children, as well as border staff at your destination, who could potentially refuse you and the children entry.
First, you’ll need to prove your relationship to the children. Even if they look like you and stand there calling you Mom or Dad, that won’t be enough. You’ll need paperwork to show the relationship, such as their birth certificate that lists you as a parent, as well as your passports. If your children have a different last name than you or appear to be a different race, you may face even more scrutiny.
You’ll also need to show that you have the permission of the children’s other parent, or the permission of a court, to travel out of the country with the kids. A signed letter of consent detailing the route you’ll fly and when you will return the children to the U.S. is usually best, where possible.
If there is a chance you or your spouse will want to travel overseas with the kids after you divorce, it is worth discussing it as part of the divorce process. Such planning can make things less complicated for you and the children going forward.]]>On Behalf of Robert A. Chapski, Ltd.<![CDATA[Navigating high school graduation with your co-parent]]>https://www.chapskilaw.com/?p=484382026-04-28T07:49:33Z2026-04-28T07:49:33ZWhen parents divorce and share custody of their children, they know they’ll need to be in each other’s lives forever. While they won’t have to interact regularly and deal with things like child support and custody orders as their kids get older, there are still big occasions that will bring them together.
One of the first of these, as the child is on the precipice of adulthood, is their high school graduation. It’s nearly that time for many parents. If you’re among them, you may be dreading having to interact with your ex as well as possibly your former in-laws and their new partner or spouse. Even if you have a relatively amicable relationship with your co-parent, a big day like this can bring out the worst in people. Here are just a few tips to help the day be memorable for the right reasons.
Be prepared
It can help to do some role playing with your therapist or a friend to help you be ready for any passive-aggressive or just plain aggressive things your ex might say or do. ChatGPT and similar apps can help as well. By preparing for the worst, you’ll feel more confident and likely be pleasantly surprised when it doesn’t happen.
Be ready to de-escalate
If your co-parent or one of their guests seems to be trying to trigger you or even start a fight, don’t give in. If you can, calmly put some distance between you. If you can’t, ignore them or respond calmly and neutrally.
Remember that it’s your child’s day
If you have to put up with some level of unpleasant behavior, remember that the day isn’t about you or your feelings – or your ex’s. Focus on enjoying your child’s accomplishments and making sure they aren’t embarrassed or distressed by anything their parents do. While many co-parenting agreements end when kids reach 18 or graduate from high school, you may have codified something regarding your child’s college expenses or other support you may be giving them. Whether you have or not, this is a good time to review any child-related agreements with an attorney and determine their status.
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