Posted on April 21, 2022 in Divorce

Most parents would agree that child support is important for raising children and ensuring they have what they need. However, not all parents agree on the amount or duration of child support payments set by an Illinois court, which may seem arbitrary and unfair. This is especially true for parents who were never married and with whom the child did not share a specific standard of living before a divorce.

While child support payments are ostensibly based on both parents' incomes and the time they spend with the child, courts can make mistakes, parents can lie about their income, and other factors - such as pre-existing child support or spousal support orders - can make a new order untenable for the paying parent. If you want to appeal your child support order, whether you are sending or receiving payments, read on.

Successful Child Support Order Appeals Are Possible, But Rare

Courts want to discourage parents from constantly bringing new cases for modification to harass each other. Therefore, courts will generally only reverse a child support order in unusual circumstances and usually only if an appeal is made within 30 days of the original ruling. These circumstances include:

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 Posted on April 18, 2022 in Divorce

Couples getting divorced in Illinois face many obstacles and the idea of self-representation throughout the divorce may seem sensible for many reasons. After all, divorce has a reputation for being expensive and time-consuming, and if you can do the relevant research and problem-solve proactively with your spouse, why not just do the legal legwork yourself? Yet even for the most straightforward-seeming divorces, potential complications abound and representing yourself could end up costing you far more time and money than you expect. Here are three good reasons not to represent yourself in your DuPage County Divorce.

Get Answers to Your Questions and Legal Advice

While you can get the necessary divorce paperwork yourself and find the information you need to fill it out online, when you have questions about interpreting the law, answers can be very difficult to find. Divorce law is sometimes equal parts science and magic, making case law and precedent difficult to understand. Additionally, certain judges have a reputation for ruling in certain ways that could be beneficial or harmful to your case and without an experienced attorney, you will have no way of knowing whether a judge is likely to rule in your favor or approve your divorce agreement. Having an attorney can solve all of these problems and provide on-demand legal assistance whenever necessary.

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 Posted on April 14, 2022 in Divorce

Divorce can bring significant changes to your finances. Some of these changes - like living with just one income instead of two - are easy to understand, while others may require professional help to prepare for. Those seeking divorce in Illinois frequently wonder whether spousal support and child support are taxable income or tax-deductible. Whether you are paying or receiving support, it is important to understand how these payments are taxed.

Is Child Support Taxable Income?

Child support is considered “tax neutral,” meaning it is neither taxable income nor tax-deductible. The parent who is receiving child support does not pay taxes on those payments, and the parent who pays child support cannot deduct the payments from their taxable income. This is because even if parents were not divorced, they would be paying for their children's needs with their income after taxes are already paid. The only difference is that instead of buying things for your child yourself, you are giving the money to your ex.

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 Posted on April 07, 2022 in Divorce

Dividing marital property is often one of the most difficult issues an Illinois couple must resolve in their divorce. Deciding what to do with shared assets is not easy, especially when asset division involves complex or valuable real estate. Real estate can be of great sentimental value to one or both spouses and when a couple fails to successfully negotiate an asset division settlement themselves and a court intervenes, the results may be deeply dissatisfying. If you are getting divorced and wondering whether a judge has the authority to divide real estate or require property to be sold in order to satisfy a court-ordered divorce decree, read on.

Marital vs. Personal Property

Illinois is an equitable division state, meaning that marital property is divided fairly rather than 50/50. Determining what is marital property is usually fairly straightforward. Assets acquired during a marriage are marital property; anything owned by one spouse before the marriage remains personal property. Gifts and inheritances usually remain the personal property of the spouse to whom they were given. While for most couples separating personal and marital real estate is not an issue, the process can be complicated by actions like asset commingling or adding a spouse's name to a real estate title.

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 Posted on April 05, 2022 in Divorce

Engagement rings are often one of the first major purchases someone makes as part of a committed relationship, and, after a marriage, a wedding ring may remain among the most valuable pieces of property in a home for many years to come. In addition to their sentimental value, people can spend many thousands of dollars on engagement rings and wedding bands; there may understandably be some concern about what happens to wedding and engagement rings in an Illinois divorce when marital property must be divided.

Is an Engagement Ring Marital Property?

The first step in dividing a couple's property during divorce is determining what property is actually subject to division. Couples were individuals with their own belongings before they were married, and although most property acquired during a marriage is considered marital property, certain categories are exempt. These factors make dividing marital property more difficult than it may seem at first glance.

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 Posted on March 24, 2022 in Divorce

When couples who are in love get married, very few of them anticipate how complicated dividing their marital property could eventually be when they get divorced many years later. Valuing, selling, and dividing complex assets in a divorce is rarely easy or convenient, especially when the assets have a high net worth, but divorces involving complex assets are finalized in Illinois every day with the help of experienced marital property attorneys. If you are considering divorce and wondering what will happen to complex assets owned by you and your spouse, read on.

What is Considered a Complex Asset?

Many couples who have a high net worth or who have been married for many years share complex assets. This is because investment portfolios, retirement accounts, small businesses, and other assets that are made up of smaller components are considered complex assets and are fairly common in long-lived marriages. In contrast, an asset like a savings account - even if it is worth a significant amount of money - would not be considered a complex asset because it could be readily valued and liquidated.

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 Posted on March 23, 2022 in Divorce

Families in Illinois are diverse and many different arrangements allow parents to raise their children with love and strength. Although many women have no choice but to be single parents, research consistently suggests that children are more likely to succeed by every measurable outcome when they have a father who is emotionally present and financially involved in ensuring his child has what he or she needs.

Unfortunately, fathers are not always eager to take financial or emotional responsibility for their children and may be unwilling to voluntarily acknowledge paternity. When this happens, or when there is a question as to whether a man is indeed the biological father of a child, Illinois courts can take measures like DNA paternity testing to ensure that a man is held responsible for the fathering of a child and for contributing to that child's financial needs.

How Do DNA Tests Work?

The most common DNA paternity tests take a simple cheek swab from the mother, the child, and the alleged father, and send these samples to a laboratory for comparison. The lab will compare a particular part of the child's DNA to the father and mother's DNA and can estimate parentage with almost 100 percent accuracy. If either parent has questions or doubts about the reliability of a DNA test, they can submit their samples to an independent laboratory at their own expense. DNA tests can also be taken when a mother is pregnant using blood samples taken at a hospital.

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 Posted on March 16, 2022 in Collaborative Law

As divorce in Illinois continues to be very common, many parents have chosen to ditch the shame and guilt of deciding to separate and instead have chosen to tackle problems head-on, focusing on divorce in a way that is best for their family. While divorce is still not easy, alternative dispute resolution methods allow parents to consciously uncouple while prioritizing the needs of their children. One of the most thorough and effective ways of doing this is through the use of a collaborative divorce.

Why Would a Parent Choose Collaborative Divorce?

Traditional divorce methods involve high-stakes court litigation and expensive, conflict-ridden negotiations over money, custody, and other important issues. Rather than get bogged down in endless fighting, parents can work together, with the help of their attorneys and third-party professionals, to achieve a results-driven compromise that puts the needs of the children first.

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 Posted on March 15, 2022 in Divorce

When Illinois courts make decisions about child custody arrangements, the first priority is to ensure the arrangement is in the best interests of the child. Depending on the parents' circumstances, this can mean very different things for different families. And, as a child grows older, her preferences are likely to play a larger role in determining which parent she spends time with.

Although a court's preference is generally to see a child maximizing the time spent with each parent, older children may prefer to spend most or all of their time with one parent. However, just because a child wants something does not make it good or prudent. So, how old does a child have to be before they can choose which parent they live with? And what can a parent do if he or she objects to the child's choice?

How Are a Child's Best Interests Determined?

If both parents agree to a parenting schedule and the child consents, a court is likely to approve of the arrangement unless they fear it would not be in the child's best interests. But when parents disagree with each other's proposed parenting time schedule, courts may appoint a guardian ad litem at the expense of one or both parents. A guardian ad litem is responsible for working with a child to assess her wishes and to get an overall sense of the situation. A guardian ad litem may speak for the child in court and may make recommendations to a judge regarding parenting arrangements.

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 Posted on March 09, 2022 in Divorce

When a couple in Illinois decides to get divorced, the most common method of approaching the divorce process is for each spouse to hire an attorney. Divorce can often be long, difficult, and full of emotional conflict. However, for spouses who wish to avoid conflict and work together - even for those who find it very difficult to do so - there is an option that allows spouses to do exactly this. Mediation is a conflict resolution process that allows a couple to negotiate together with the aim of reaching a fair solution to the issues involved in a divorce. Even though each spouse will still have his or her own attorney, spouses can work collaboratively with a mediator to solve problems. If you are getting divorced in Illinois and are wondering if mediation may be right for you, read on.

What Does the Process of Mediation Involve?

Each meeting between spouses and the mediator will have specific goals and desired outcomes. The mediator, who is a trained professional and is often an attorney, will state the rules and goals of the meeting so everybody is on the same page. Then, everybody will tackle the issue at hand - spousal support, child support, property division, etc. - in a way that allows each spouse to voice their concerns and priorities while working towards a mutually agreeable solution.

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