Posted on April 19, 2017 in Spousal Maintenance

The month of April may signal the arrival of spring, but it is also the deadline for most people to file their taxes. For couples who have gone through or are in the midst of a divorce, there are several issues which may come up that could have a significant issue on federal income taxes. One of those issues is spousal support, and unlike child support, spousal support is considered to be taxable income according to the Internal Revenue Service (IRS).

Under the tax laws, any payment that meets the falling criteria is considered to be spousal support and therefore, the receiving spouse needs to claim it as income on their tax return:

• The spouses will be filing separate, not joint, tax returns;
• The payments made by one spouse to the other are “cash” payments. It is important to note that payments can be made via checking account, bank check, or money order;
• One spouse is making the payment to their former spouse;

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 Posted on April 01, 2017 in Divorce

An Illinois woman’s social media photos that depict her celebrating her divorce have garnered international media attention. The woman hired the original photographer who took her wedding photographs five years ago to document the celebration, which included setting her wedding dress on fire. The woman, who said she was with her ex for a total of 10 years and who she shares a 6-year-old daughter with, said the experience made her “feel free.”

Although setting your wedding dress on fire may feel like an extreme choice to you, there are other steps you can take to help you move forward after a divorce.

Recognize Your Own Value

Many times, people who go through a divorce feel as if they have failed and question their own worth and how much they really do have to offer. Make a list of all your good qualities and read that list on a daily basis. Keep doing this until you really believe what you are reading.

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 Posted on March 17, 2017 in Child Custody

The state of Illinois has updated a number of laws regarding visitation rights. One of these changes that have been in effect since January 1, 2017, is House Bill 5656. This new law states that the Department of Children and Family Services (DCFS) is now required to make a reasonable effort to accommodate and grant visitation privileges to non-custodial grandparents and/or great-grandparents of a child who is in the care and custody of the DCFS.

The Department is now responsible for specific criteria when determining whether to grant visitation, such as:

• The DCFS should try and consider whether or not the child would like to visit with their grandparent or great-grandparent.
• They should determine the child's maturity level. The child may not be able to express how they really feel if they are too young to know the entirety of the situation.

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 Posted on February 22, 2017 in Divorce

Divorce is one of the most stressful life experiences. People going through divorce may withdraw from social circles, feel disappointment and rejection, and lose self-esteem. All of these feelings, when coupled with financial and child custody issues, create an extremely stressful time for someone going through a divorce.

On the Holmes-Rahe Stress Inventory Scale, divorce ranks second only after the death of a spouse. Stressful events ranking lower than divorce on the scale include detention in jail, the death of a close family member and major illness or injury. Stress affects mental and physical health in a pronounced way.

Physical Health Effects

As to physical effects, divorced or widowed people have 20 percent more chronic health conditions than married people. Chronic health conditions include heart disease, diabetes, and cancer.

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 Posted on January 12, 2017 in Property Division

When a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. Like with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationales judges use to make such determination, so you can know if you are being unfairly saddled with too much debt.

Illinois Courts’ Common Rationales

When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse’s ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely to pay it.

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 Posted on December 29, 2016 in Prenuptial Agreements

If you andy your partner are soon to be married, you may want to consider the option of taking a  proactive approach by getting a premarital agreement. In the state of Illinois, a prenup is an agreement made by a couple before they get married that concerns the ownership of their respective assets if their marriage were to fail for any reason.

How to Get a Prenup in Illinois

Before you take the steps it takes to get a prenup you may want to speak with your future spouse about moving forward with the idea. You can explain to your partner that a prenup can protect both of your interests and can be mutually beneficial.

How a Prenuptial Agreement Can Help Your Marriage

A prenup may save substantial time and money by eliminating the need to go to court to settle any disputes, can determine who is responsible for the financial duties, they also can organize who will inherit your property, assets, and money.

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 Posted on November 16, 2016 in Child Custody

There have been a number of changes made to Illinois family law that went into effect January 2016. The reasoning behind these changes dates back to spring of 2015 when the Illinois state legislature passed a measure that looked to update the Illinois Marriage and Dissolution of Marriage Act (IMDMA) on multiple areas of focus. After Senate Bill 57 was signed by the governor in August 2015 adjustments to the laws were expected to begin at the start of 2016. Whether you are going through a divorce, just went through one, or are considering having a divorce, these key revisions to Illinois family can change the way you have been parenting based on the previous laws of 2015.

Child Custody Then vs. Now

Last year at this time, Illinois law provided two options for parenting situations. Divorced or separated parents had the option of either sole custody or joint custody. Sole custody was when one parent would be granted the authority for important decision-making regarding their child, while joint custody meant that both parents would have to share responsibilities. At the beginning of 2016, the law went into place that states that parents must work together in raising their child and each parent’s rights will be fully respected and protected.

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 Posted on October 24, 2016 in Family Law

Despite the changes in society’s norms, as well as the federal legalization of same-sex marriages, the Illinois Supreme Court is still standing by a 1979 ruling regarding the rights of unmarried domestic partners when it comes to any property their former partner owns.

In Hewitt v. Hewitt, the Court had to decide whether or not Illinois marital laws applied to a couple who had lived together as husband and wife but who were never legally married. The couple, who had three children together, lived in a "family-like relationship" from 1960 to 1975. When they split, the woman (the plaintiff) filed for divorce, which was eventually dismissed based on the fact that no legal marriage license was ever obtained, nor did the couple ever have any kind of marriage ceremony.

Since the man (the defendant) did not contest paternity of the children, any issue of child custody and/or support was covered under the state’s Paternity Act. The court instructed the plaintiff to file specific motions of what she was seeking regarding property and assets owned by the defendant. The lower court ruled against the plaintiff, but that decision was overturned by the Appellate Court, which ruled in her favor. That decision, however, was overturned by the Illinois Supreme Court, who ruled that the woman was not entitled to any of the man’s property or assets, despite living together for 15 years, based on a "policy of discouraging cohabitation between unmarried parties and disfavoring nonmarital children."

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 Posted on September 26, 2016 in Child Custody

It is that time of the year again – summer is winding down and children are heading back to school. This time of year can be hectic enough, with shopping for new school clothes, school supplies, arranging for before and/or after-school care. However, for divorced parents, there can often be the added stress of not only ensuring your child has a great school year but also of dealing with your ex. Even in the friendliest of breakups, there can be some contentiousness that develops over back-to-school issues. Following these tips can help the school year go more smoothly.

Make Routines Routine

Children thrive on routine. Having a consistent schedule of dinner, homework, and bedtime – whether they are at Mom’s house or Dad’s house is much healthier, as well as a lot less stressful for a child, who may be also be dealing with the emotional effects of the divorce.

Other decisions which need to be agreed upon include after-school activities, how pick-up and transporting will be handled, school meals, and emergency procedures. If possible, both parents should meet without children present, and work out an agreement on these issues.

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 Posted on August 22, 2016 in Property Division

In an Illinois divorce, one of the major decisions that the judge needs to determine is just how the property that the couple has acquired during the marriage should be divided. When most people hear the words “property division,” the items that usually come to mind are the family home and any other real estate a married  couple might own; the family vehicles; and savings, checking, retirement and other financial accounts.

There are several other assets that couples tend to overlook as they are making their property lists, and these items can be just as valuable, as well as being a good negotiating tool during divorce negotiations. These assets often include:

Pets

Although many people consider their pets as family members, the courts do not. Pets are considered property and unless a divorcing couple can agree on where and with whom the pet will live with, a judge will make that decision as part of the property settlement.

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