Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

Frequently Asked Questions (FAQs): Family Law

How can we help you?

When choosing a family law attorney, you probably have a number of questions. Some of our most common questions are found here. If you do no see yours listed, please contact our office directly. We are happy to help!

Family Law

We must consider a number of factors when calculating child support costs during a divorce. Part of the process includes the incomes of both parents and identifies any discrepancies that may require additional support when caring for your children.

How Child Support Amounts Are Determined 

In most cases, child support needs to take into account any additional expenses beyond the regular day-to-day care of your children.

These may include:

  • Private school tuition
  • Public School Fees
  • Medical and dental costs
  • Extra-Curricular Activities, including Sports fees and equipment
  • Special needs (therapy, counseling)
  • College fund contributions

Raising children is a significant expense and can create hardship after divorce if not handled properly. The decisions you make now may impact your finances for years, or even decades, to come. An experienced attorney can help present a fair and realistic proposal for child support that allows families to flourish, even after divorce.

Contact Our Schaumburg IL Law Firm

The process of determining child support can be confusing and hiring a knowledgeable lawyer will have a lasting impact on your quality of life and that of your child. Our law office serves the Schaumburg, IL area and the surrounding communities. Contact us to schedule a consultation.

If you’re like me, then you have children in their late 20’s - early 30’s, but this suggestion will also apply to any children over the age of 18. When they were young you had guardians in place to take care of your children in case something happened to you and your spouse, but after they turned 18 that didn’t apply anymore. 

Powers of Attorney for Healthcare and Property

Now you need to take care of what happens if something happens to them and
you need to step in to take care of their health and/or their property. The solution to this is to create Powers of Attorney for Healthcare and Property for your children, just like you did for you and your spouse. 

Contact Our Schaumburg Family Law Office

Call us at the Law Offices of Robert M. Kaplan to get our help in preparing these documents. You can reach me at 847-845-9477.

The maintenance tax deduction for cases finalized after December 31, 2018, has been eliminated. To account for this change in the tax law, effective January 1, 2019, Illinois’ new maintenance guidelines will be based on net income - 33 1/3% of payor’s net income minus 25% of payee’s net income capped at 40% of the parties combined net income. Maintenance guidelines will continue to be applicable up to $500,000 of combined gross income. All maintenance judgments entered prior to December 31, 2018 will continue to be deductible even if modified after December 31, 2018 unless agreed otherwise. Those awards will continue to utilize the current gross income guidelines of 30% of the payor’s gross income minus 20% of the payee’s gross income capped at 40% of the parties combined gross income. 

Contact Our Schaumburg Law Firm

Do you have more questions on the Maintenance Tax changes? Please contact our Schaumburg IL law firm for more information.

Family law attorneys handle cases and legal matters that pertain to divorce, parenting time, child support, and alimony.

The job of a family law attorney in Schaumburg is to provide legal counsel and offer legal advice when clients have questions or concerns about their property division, child custody situation, or divorce filing.

Free Family Law Consultation

If you need to consult with a family law lawyer, our attorney, Mr. Robert M. Kaplan, offers free initial legal consultations. These consultations are an excellent opportunity for you to learn more about the world of family law and determine if you would like to retain our law office to guide you through your family law matter. 

We can counsel you about specific issues, including:

  • Whether you are obligated to pay child support and how much you can expect to pay 
  • How you and your partner will divide parenting time, including which holidays you will spend with your child(ren)
  • Whether you will owe alimony payments (“spousal support”) after your divorce becomes finalized
  • How to fairly and legally divide marital property during a divorce
  • How to file for divorce, especially if you hope to keep things simpler with an uncontested divorce 

Contact Our Schaumburg Law Firm

If you have questions about these issues described above, or if you would like the help of a family law attorney in Schaumburg for any other reason, please contact our legal team today at (847) 845-9477 to schedule your free consultation with Mr. Robert M. Kaplan.

A power of attorney is a legal document that gives a trusted party certain rights. For example, a medical power of attorney gives the authorized person, called the 'agent,' the ability to make medical decisions on your behalf if you cannot make them yourself.

Financial Power of Attorney

A financial power of attorney gives the agent the ability to manage your financial assets, including business, paying bills, and managing accounts.

Power of attorney does not give the agent the right to do whatever they want, and they are still required to abide by the law. An agent with a financial power of attorney can only manage your assets to your benefit and has no right to the asset itself.

A power of attorney that comes into effect as soon as it is signed and notarized is called  'durable.' It is the most commonly used because it allows the agent to start acting for your benefit immediately or whenever necessary from that point on.

Another type is available that only becomes valid upon your incapacitation and is referred to as a 'springing' power of attorney. A Power of attorney is no longer valid once the principal passes away.

For a power of attorney to be a valid document, it must be signed in the presence of a notary public with at least one witness.

Schaumburg, IL Power of Attorney

If you have more questions about a power of attorney or would like to begin making one contact our law office today.

Dissipation is the expending of marital funds on a purpose not related to the marriage. Abusing alcohol, gambling, paying for pornography or prostitution, or spending monies on a girlfriend or boyfriend are all common examples of dissipation. Dissipation only occurs once your marriage is beyond repair (irreparable). You are entitled to reimbursement from the party dissipating assets if dissipation is proven in your divorce matter.

Contact Our Schaumburg Family Law Firm

Do you have more questions on dissipation? Please contact our Schaumburg IL law firm for more information and to schedule a consultation with Robert M. Kaplan.



There are a lot of last-minute details that pop up when you’re in the throes of wedding planning; however, prenuptial agreements in Rolling Meadows shouldn’t be left to the last minute. When you are planning a prenuptial agreement, you will want to consider the following during the process:

  • Prior to the marriage, you should make a list of all assets owned and debts owed. Both spouses need to make full disclosure. It needs to be determined how these will be handled during the marriage and in the event of a divorce.
  • A determination needs to be made as to how marital property, which are the assets and debts that will be accumulated as a couple, will be handled in the event of a divorce.
  • Many times couples have different styles for managing money, so the management of assets and income should be determined ahead of time.
  • Both parties need to be upfront about their credit scores, and whether they have old debt and how they feel about accumulating new debt.
  • Views on non-monetary contributions, such as raising the children or managing the household, should be addressed upfront.
  • Maintenance, or alimony, is a reality often faced by one spouse in the case of divorce. This should be discussed ahead of time.

Contact Our Rolling Meadows Law Office

It can be difficult to address these issues when a couple is trying to plan a romantic wedding, but for a prenuptial agreement to happen, these topics must be discussed. Contact your attorney in Rolling Meadows for more information.

A prenuptial agreement, or “prenup” for short, is an agreement executed before marriage to determine which party gets what if there is a divorce.

Even though you probably aren’t thinking about divorce right before you get married, if you get divorced down the line, having a prenuptial agreement can make a divorce go much more smoothly by determining the division of assets ahead of time.

Does a Prenup Mean You Are Planning for Divorce?

Much as buying auto insurance doesn’t mean you are planning for an accident, a prenuptial agreement doesn’t mean you are planning for a divorce. What it does mean is planning for the unexpected. It is an opportunity for couples to create a document that outlines their financial goals and priorities. It means that couples are planning for their financial future.

Do You Need a Prenup If You Are Not Wealthy? 

We hear a lot about celebrities and the super-rich having prenuptial agreements in place, but even if you do not have extensive assets, a prenuptial agreement can still be a good idea. 

Say you unexpectedly quit your job during your marriage to raise your children. A prenup can specify what kind of support you might be entitled to should a divorce happen. Or, say you supported your spouse while he or she went to college. You helped pay for tuition and student loans, which means there may be some repayment after a divorce. 

Rather than fight over the details in divorce court—costing you even more money in legal fees—you can state terms ahead of time in a prenuptial agreement.

Are Schaumburg Prenups Expensive? 

Most family law attorneys will charge by the hour for creating a prenuptial agreement, which means the costs will vary depending on each situation. However, the cost of drafting most prenuptial agreements in Schaumburg is typically much cheaper than divorce court.

Not finding what you need?
If you have difficulty using our website, please email us or call us at (847) 845-9477
View the ADA Accessibility Statement