Posted on July 30,2021 in Allocation of Parental Responsibilities

When a couple with children divorces, that divorce does not end their involvement with each other. While they may no longer live under the same roof, they still need to co-parent in the most cooperative way possible. Unfortunately, there are many issues that can arise where the disagreements are so strong, the couple ends up back in family court.

One area where this often occurs is when it comes to medical decisions for the child. And now that COVID-19 vaccines are available for children 12 years of age and older, the divide between people who are for and those against the vaccine has made its way into parenting decisions.

Allocation of Parental Responsibilities

Several years ago, Illinois lawmakers did a complete revamping of the state’s divorce and child custody laws. One of those changes even involved eliminating the term “child custody” and instead referring to it as the allocation of parental responsibilities. The scope of these parental responsibilities involves both parenting time and significant decision-making on behalf of the child. However, these two elements are treated separately.

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 Posted on July 26,2021 in Divorce Finances

One of the most common causes of divorce in the United States is finances. In fact, almost 40 percent of married or partnered couples say that money causes heavy stress in their relationships. While money problems can contribute to divorce, they can also be one of the reasons why unhappy couples stay together. The thought of going from a two-income household to a one-income household can be daunting, as can the thought of dividing up assets, property, and marital debt.

While divorce can result in some financial issues that an individual may need to adjust to, there are several areas where your financial situation may actually get a boost following a divorce. If you are considering a divorce but are concerned about how you will be financially impacted, a Kane County divorce attorney can help.

Financial Independence

Getting divorced comes with many financial challenges, including the need to divide assets and ongoing alimony and child support obligations. However, one silver lining is that after the divorce is finalized, you will have the freedom to make many financial decisions independently of your former spouse. Instead of arguing over which bill should be a priority or what you or your spouse should or should not spend money on, you will be in total control. Whether you want to pay off debt, save towards a new vehicle or a trip, or add more to your savings account each month, you will now have the freedom to make those decisions without someone else disagreeing with you. There can also be a significant easing of financial burdens if your spouse has an addiction issue, such as substance abuse, gambling, or shopping addiction.

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 Posted on July 20,2021 in Illinois family law attorney

On July 15, families in Illinois and around the country began receiving direct deposits or checks for advanced child tax credits for the tax year 2021. These payments are part of the American Rescue Plan. While the advanced payments are a welcome financial relief for many families, some parents are wondering how the IRS will ensure that the parent who receives the advanced tax credit funds is the same parent who claims the child as a dependent in situations where the parents are no longer together, and a parenting plan has been established.

American Rescue Plan

In March, President Joe Biden signed the $1.9 trillion American Rescue Plan. The plan was Washington D.C. lawmakers’ response to helping people financially recover from the COVID-19 pandemic. One provision in the plan calls for an increase in the child tax credit. For children between the ages of 6 to 17, the credit will be $3,000. For children under 6, the credit will be $3,600. The provision also calls for parents to receive advance payments of up to half the credit amount they will be entitled to for tax year 2021.

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 Posted on July 13,2021 in Divorce

The COVID-19 pandemic has had a significant impact on many areas of our lives. The lockdowns people across the country had to deal with and the inability to visit and spend time with loved ones led to many people re-evaluating their lives and changing what should and should not be priorities. Initially, statistics showed that the divorce rate was dropping during the first several months of the pandemic. It was thought that the forced lockdowns were bringing many couples closer together instead of driving them apart.

Fifteen months later, however, new statistics are showing that may have been a misconception as the divorce rate begins climbing upwards again.

Initial Drop in Divorce

There are many reasons the divorce rate may have dropped during the height of the pandemic and lockdowns. While some couples may have become closer, for others, being isolated at home with a spouse during the pandemic ended up putting a keener focus on marital issues a couple had that they may have been unaware of or chose to ignore.

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 Posted on June 30,2021 in Divorce

When you are going through a divorce, you may experience a wide range of emotions. One day you may be furious with your ex and the next day you may feel depressed about your family falling apart. Unfortunately, being overly emotional may cloud your judgment and cause you to make costly mistakes.

In an Illinois divorce, divorcing spouses have the opportunity to resolve divorce issues like the division of assets and the allocation of parental responsibilities through an out-of-court agreement. If the couple cannot reach an agreement about these issues, the court may need to step in and make a decision for the spouses. Having a clear head puts you in a better position to negotiate an agreement about these divorce concerns. If your case does advance to litigation, learning how to manage your emotions can make the divorce proceedings less stressful.

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 Posted on June 29,2021 in Visitation

After your divorce is finalized, it is still important for your children to have a good relationship with both parents. As such, you should try to make the best out of each visit with your kids. If you make each visit fun and productive, it will benefit everyone. Here are some dos and don'ts of visitation with your children.

Do

• Arrive on time. While being late every once in a while is one thing, frequently arriving tardy to visits with your children is not good. Show your ex and children that you respect them by coming to your visits on time. If you know you are going to be late, let your ex know immediately.

• Plan fun activities. There is nothing wrong with just chatting with your kids or watching movies during your visits. However, it is a nice gesture to plan activities sometimes. For example, you could have a picnic in the park or organize a scavenger hunt in your backyard. Partaking in various activities with your kids can help you bond more with them.

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 Posted on June 28,2021 in Division of Property

When you file for divorce in Illinois, you are required to disclose all of your assets. However, some people may feel that they deserve a bigger share than their spouse, so they attempt to conceal their assets. This is one of the biggest mistakes you can make during the divorce process. If you get caught, you may face legal trouble.

Different Ways Spouses Hide Assets

The division of assets is one of the most difficult battles couples face in divorce court. When people believe that they deserve more than they will actually get, they may try to conceal the assets in several different ways, such as:

• Pursuing shady business deals - Some individuals who are getting ready to divorce may enlist the help of business partners to conceal their assets. For example, a person may ask a business partner to withhold commissions until the divorce is finalized.

• Creating accounts in a child’s name - People attempting to hide assets may try to put their assets in their child’s name. Since these accounts will not show up on either parent’s financial statements, the court may sometimes overlook them.

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 Posted on June 17,2021 in Child Custody

When a couple gets divorced, it can affect everyone surrounding them -- not just themselves. The effect of a divorce on the rest of the family can sometimes be the biggest thing holding an unhappy couple back from simply just pulling the trigger and filing for divorce. Fathers, in particular, face additional obstacles during a divorce that the mother does not, especially when dealing with child-related issues. If you are a father who has been contemplating or has filed for divorce, you should speak with an Illinois divorce lawyer to discuss your options.

Helping Fathers Through Divorce

Even though your role as a mother or a father should not affect your standing in the divorce, it often does. In many cases, fathers are the ones who pull the short straw during a divorce. If you are a divorcing father, here are a few things that you should keep in mind during your divorce:

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 Posted on June 15,2021 in Child Custody

Determining child custody can be a messy experience for many families. This can be especially true when parents live in two different states, or if a parent even lives in a different country. In the first part of this two-part blog series, we looked at how jurisdiction is initially determined for child custody proceedings when parents do not live in the same state using the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA.) In most cases, the custody proceedings which determine parenting time and decision-making responsibilities will take place in the child's home state. However, there are some situations in which the child may not have a home state or another reason may exist why the home state will not hear the child’s case.

Exceptions to the Home State Rule

As previously discussed, the home state rule is typically enough for courts to determine which state has jurisdiction over a child custody case. However, circumstances may exist that make it impossible or imprudent to use the home state rule. In these cases, different rules apply when determining jurisdiction. If the home state rule does not apply, the following rules will apply in order of application:

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 Posted on June 07,2021 in Child Custody

When two parents get divorced or are no longer in a romantic relationship, it is not uncommon for one or both parents to make other life changes, such as relocating. While a fresh start can be a good change for the parents, this can complicate proceedings for child custody. Any proceeding that concerns parenting time and/or decision-making responsibilities for the child must be filed with the correct court. In this series of blogs, we will discuss the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and how it is used to settle interstate child custody issues. Simply because a parent has moved does not mean that the parent’s new location is the place to file custody proceedings. In most cases that involve parents living in different states, the first thing you will have to do is determine which state has jurisdiction over your case.

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