630-462-9500

After Hour New Client Telephone Number 630-690-6077

1776 S. Naperville Road, Building B, Suite 202,
Wheaton, IL 60189
The Stogsdill Law Firm, P.C.
Recent blog posts

DuPage County divorce attorney division of property

When a married couple decides to divorce, one of the most pressing questions is often, “What should we do with the family home?” Some individuals decide to stay in the family home and “buy out” their soon-to-be ex-spouse. Other times, one spouse takes ownership of the home while the other spouse receives property that is roughly equal in value. For some divorcing couples, the choice that makes the most sense is to sell the home and split the profits. Selling your home while going through a separation or divorce can be very complicated both personally and legally. There are several things you should keep in mind when deciding how to handle your family home when it comes to the division of property in your Illinois divorce.

Financial Concerns Regarding the Sale of Your Home

Before proceeds from the sale of your home can be divided, you will need to pay off the mortgage as well as any second mortgage or home equity line of credit. You must also pay the brokers’ fees and any capital gains tax that applies. Tax liability may not be high on your list of concerns, but it can have major financial ramifications during the sale of a house. 

...

DuPage County child support attorney special needs disabilitiesChild support payments allow unmarried or divorcing parents to share child-rearing expenses in a way that is fair and reasonable for both parties. Illinois child support payments are determined by the Income Shares model. This model takes into account each parent’s income as well as the amount of parenting time he or she will have with the child. The Income Shares child support calculation method is typically used unless there is a reason that following the Illinois child support guidelines would yield an inappropriate child support payment amount.

Child support payments typically terminate when a child becomes an independent adult, but there are some situations in which child support may be extended. If you are a parent of a disabled child, read on to learn about your options for special needs child support.

What Counts as a Disability?

Children with disabilities may need financial assistance even when they reach the age when child support would typically end. If your child has a disability, you have the option to petition the court for non-minor child support. An intellectual incapacity, mental health disorder, or physical disability may quality an adult child for non-minor support. Illinois law defines a disability as a “physical or mental impairment that substantially limits major life activity.” In order for the child to qualify for non-minor support, the disability must have been present before the child reached the age that child support payments would have otherwise terminated. 

...

Wheaton divorce and parenting plan lawyerWhen Illinois parents get divorced, or when unmarried parents are separated, they are expected to create a parenting plan that designates when the child will spend time with each parent and how parents will share parenting obligations. However, forming a plan that both parents find acceptable is not always easy. Disagreements about the allocation of parental responsibilities and parenting time can be some of the most emotionally-charged legal disputes in all of family law. If you are a parent, you may understandably have strong feelings about these matters. There are a number of factors that contribute to child custody decisions. Often, these include the child’s preferences.

Illinois Law Regarding Parental Responsibilities and Parenting Time

Parents who cannot reach an agreement about parental responsibilities and parenting time have several options. They may negotiate the terms of their parenting plan through their respective lawyers, work on a resolution through mediation or collaborative law, or litigate the case in court. Illinois courts make all child-related decisions based on what is in the child’s best interests. When determining a parenting plan on behalf of parents, the court will consider multiple factors, including each parent’s wishes, the child’s school situation and extracurricular activities, the parents’ work schedule, any past instances of domestic violence or abuse, and the wishes of the child.

Children’s Opinions May Impact Child Custody Cases

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) states that a child’s preferences should be taken into consideration by the court during child custody proceedings. However, the law also states that the child’s maturity and reasons for his or her preferences should be considered. Small children may be unable to express their wishes. Sometimes, children may express a preference for one parent over the other because that parent has less restrictive household rules or is otherwise more “fun.” However, if the child has a good reason to prefer a certain custody arrangement, it is likely that this preference will influence the outcome of the case.

...

DuPage County property division attorney forensic accountingDuring divorce, a full and accurate assessment of the divorcing couple’s assets, income, debts, and expenses must be conducted. Whether the couple is resolving divorce issues through lawyer-assisted negotiations, mediation, collaborative law, or litigation, financial transparency is essential. Only when each spouse’s financial circumstances are fully understood can a fair division of marital property take place. Detailed financial information is also necessary for spousal maintenance and child support determinations. When a divorcing couple owns high-value or complex assets, getting a complete picture of the spouses’ financial circumstances is often much more difficult than if their financial situation was more straightforward. In many complex divorce cases, a forensic accountant can be an immensely beneficial resource.

Uncovering Financial Information Through Forensic Accounting

Forensic accountants are especially adept at auditing and analyzing individuals’ finances. During divorce, a forensic accountant may use a number of methods and techniques to evaluate financial documents and other information. Forensic accountants are especially helpful when a divorcing spouse is concerned that the other spouse is hiding assets, undervaluing assets, lying about revenue or income streams, overstating expenses, or otherwise being untruthful about finances. In some cases, spouses will go to great lengths to avoid sharing their wealth with their spouses – even going so far as to purposefully waste assets through dissipation. Spouses may also be deceptive in an attempt to pay less in child support or spousal maintenance.

Not only is lying about finances during divorce unethical, but it is also against the law. When a divorcing spouse signs a Financial Affidavit, he or she swears under penalty of perjury that the financial information he or she has shared is complete and truthful. If a spouse is caught attempting to manipulate the terms of his or her divorce through financial deception, the judge could award a greater share of the marital assets to the other spouse or outright dismiss the lying spouse’s claims. If the deception is egregious, the lying spouse may even face criminal penalties.

...

Wheaton, IL order of protection defense lawyerThe National Coalition Against Domestic Violence estimates that one in every four U.S. women and one in every seven U.S. men have experienced domestic violence. Physical abuse, psychological manipulation, financial exploitation, and other forms of abuse exist within many families. Sadly, some people choose to use false accusations of domestic violence or abuse in an attempt to influence family law cases. Whether it is a divorce, child custody dispute, or another family law matter, allegations of abuse will likely have a major impact on the outcome of the case. If you have been accused of abusing a family member, there are several actions you should take immediately.

Gather Evidence and Witnesses That Support Your Side of the Story

One of the first things you should do if you are accused of abuse is to obtain any evidence that can help prove that the accusations are untrue. This may include things like text messages, voicemails, emails, letters, and other correspondence. Also, start thinking of witnesses who can corroborate your side of the story during any legal proceedings. Witnesses who are willing to testify about your character can be extremely beneficial to your case.

Consider Requesting a Guardian Ad Litem

A guardian ad litem (GAL) is a lawyer who may be assigned to a family law case involving children. He or she does not represent either party in the dispute, but instead advocates for the children’s best interests. The GAL may visit each parent’s home and conduct interviews with parents, teachers, doctors, family members, and the children themselves in order to form an educated opinion about what is best for the children. The GAL then makes a recommendation to the court about what case outcome he or she thinks will protect the children’s best interests.

...
Dupage county bar association Illinois state bar association American Bar Association Rotary Martindale Hubbell Top 40 Under 40 Best 10 Best 10 DuPage County Bar Association State Badge State Badge Avvo

Contact Us To Schedule A Consultation With An Attorney At Our Firm

Call 630-462-9500 or provide your contact information below and we will get in touch with you:

NOTE: Fields with a * indicate a required field.
*
*
*
Back to Top