233 W. Wilson Street, Batavia, IL, 60510
Forgiveness Heals After Your DivorceBefore your divorce has even finished, you may feel anxious to move forward with your life. The end of your marriage was painful, but your life as a newly single person fills you with optimism. However, the anger and hurt from your marriage can linger long after your divorce. You can try to forget your resentment, but that is not the same as moving past it. Divorce therapists believe forgiveness is one of the most powerful healing tools for divorcees. Before starting a new relationship, you may need to forgive your former spouse for the end of your previous relationship.

Reasons for Resentment

You are unlikely to reach the point of forgiveness without first recognizing your resentment. You may have a valid reason to be angry at your former spouse if he or she was involved in:

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Posted by on in Child support
Challenging Paternity Fraud in CourtWhen a child is born out of wedlock, establishing legal paternity is consequential for the father, mother and child. The legal father may need to provide child support payments to the mother but also has the right to request some allocation of parental responsibilities. Because DNA testing is not required to establish paternity, some men discover they are not the biological father of the children they are legally responsible for. The false paternity may have been an honest mistake by both legal parents, but mothers may also mislead men into believing they are fathers. Paternity fraud can be devastating because the man:

  • Has been providing monthly child support payments; and
  • May have developed a paternal relationship with the child.

Men in Illinois can challenge their legal paternity based on fraud but must meet a two-year deadline and provide convincing evidence.

Establishing Paternity

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Summer is right around the corner and for many families that mean filling the calendar up with vacations, day trips, family outings, and other fun activities. For divorced families, however, summer can also cause stress and strife between co-parents who are trying to make their summer plans with their children included, however, there are steps that they can take to help ensure a fun and no-stress summer for everyone.

Parenting Time Agreement

Spring is a good time to look over the parenting agreement that the court approved when custody was determined. Check and see if the agreement requires each of you to give the other a certain amount of notice when it comes to vacations and/or other events. If you do have plans which go beyond the boundaries set in the agreement, consult with the other parent before going ahead and finalizing those plans.

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Illinois child support attorney, Illinois family law attorney, Illinois divorce lawyer,Illinois is schedule to enact a new child support law on July 1 that will switch the state to a income shares model for calculating support payments. The state currently uses a percentage of obligor net income model, but income shares is considered a more equitable method. The Illinois Department of Healthcare and Family Services is responsible for creating the guidelines for the new child support model, but is not required to complete it by the time the law goes into effect. From the language of the law, divorcing parents can expect several changes in how child support payments will be determined.

New Formula

Illinois’ current child support system requires a parent to pay a set percentage of his or her net income, based on the number of children being supported. The new system eliminates that percentages scale in favor of a formula that takes into account both parents’ incomes:

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Posted by on in Spousal Maintenance

alimonyThe 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;
  • The spouses do not live in the same residence while these payments are made;
  • The payments are separate from child support payments, and they also have nothing to do with any property settlement which may have been awarded to the spouse in the divorce settlement;
  • There is nothing in the divorce decree (or legal separation agreement) which specifies that the payments are not spousal support payments;
  • If the spouse receiving the payments dies, there is no legal requirement for the spouse who is paying to continue to make those payments.

Whereas the spouse who is receiving the spousal support is required to pay taxes, the spouse who is required to make those payments is allowed to use those funds as a tax deduction. In order to take the deduction, the IRS does require that the receiving spouse’s social security number be included. Their tax ID could also be used instead. If the paying spouse fails to provide either number, then the IRS could disallow the deduction. Refusal of the receiving spouse to give their social security number to the paying spouse could result in a tax penalty for the receiving spouse.

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