Posted on December 00,0000 in Divorce

If you completed the process of divorce last year, filing your income taxes this year has probably raised a number of questions. (If you have not yet filed, the deadline for personal income tax returns is fast approaching. Presuming your divorce finalized on or before December 31, 2016, you almost certainly filed this year’s taxes as a single filer. Many single filers still end up receiving a refund for overpaid taxes, but if you have recently divorced, you may not be entitled to keep your entire refund for yourself.

A Tax Refund Is Not New Income

In an Illinois divorce proceeding, a couple’s marital property must be divided equitably between the spouses. Marital property, in general, refers to all assets and debts acquired by each spouse during the marriage, with a few limited exceptions. All other property, including that acquired before the marriage or after the divorce finalizes, is considered non-marital or separate property.

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 Posted on December 00,0000 in Child Custody

If you are a parent going through a divorce, you have probably given thought to how the process and its aftermath with affect your relationship with your children. You may have heard horror stories from friends and family members who never get to see their children or those whose children rarely spend time with their other parent. It is possible, however, for you and your spouse to develop a plan that provides for your child’s best interests while allowing your child to maintain a healthy relationship with both of you.

A Two-Pronged Approach

While there are many considerations that must be made in creating a workable parenting plan, there are two primary areas of focus according to Illinois law. The first concern is determining each parent’s responsibilities for significant decision making while the second addresses each party’s parenting time with the child.

Significant Decision-Making Responsibilities

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 Posted on December 00,0000 in Visitation

A divorced, separated, or unmarried parent should never feel like a stranger in the life of his or her child. For many parents, however, that was often their reality as Illinois—like many states—used to refer to their time with their children as “visitation.” A parent who is seen as a “visitor,” rather than integral part of the child’s life, could experience a variety of problems, including a lack of parental authority and the appearance of not being fully committed to his or her child’s best interests.

Last year, however, an amended law took effect which proved that Illinois lawmakers recognized the struggles of many divorced parents. The new law was an effort to “level the playing field” so to speak between parents with different levels of parental responsibilities.

Visitation Is Now Parenting Time

In a recent post on this blog, we discussed the recent changes in the law regarding child custody. That blog focused on significant decision-making responsibilities, but it mentioned that parenting time is also a primary consideration for parents and the courts during a divorce. The concept of parenting time replaced the old understanding of parental visitation, and the change in terminology more accurately reflects the situation of most divorce, separated, and unmarried parents. No parent deserves to automatically be treated as an outsider, and the new law is a big step in the right direction.

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 Posted on December 00,0000 in Divorce

“Should I leave or should I stay? What about the kids? What will my friends and family think if I leave? Is my marriage salvageable?” If these or similar thoughts have been running through your mind recently, you are probably in the arduous indecision stage of a struggling marriage. Trying to decide if a marriage is truly over or not is one of the hardest decisions you will ever make. Only you can choose what is right for your situation, but experts do have some advice for those contemplating a divorce.

Ask Yourself These Questions

There is no one-size-fits-all checklist of dealbreakers in a marriage, and everyone’s circumstances are unique. However, asking yourself the following questions may help you decide if it is time to consider ending your marriage:

• Have you been completely honest with your spouse? Until everything is out in the open, no real solution to your marital problems can be found;

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 Posted on December 00,0000 in Children of divorce

Whether you have already started divorce proceedings or you have just recently decided to call it quits, telling your children about your decision is always difficult. Parents worry that their children will hate them for splitting up, consider the break-up to be their fault, or be unable to adapt to the new circumstances. The good news is that children are amazingly resilient and adaptable, but there are some guidelines you should follow when discussing your divorce with your children.

• If possible, tell the children with your spouse. Although your spouse is probably not someone you wish to be around during this tumultuous time, presenting a united front and telling the children together is often the best way. By sitting down as a family to break the news, you are showing your children that although things are going to change, they will continue to have the love and support of both parents;

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 Posted on December 00,0000 in Child Custody

A popular—albeit rather infamous—YouTube personality who goes by the username “DaddyOFive” has lost custody of two of his children. The kids are currently staying with their biological mother. The father gained notoriety on the video sharing site when he started posting videos of interactions between himself, his current wife, and children. The videos contain a number of “pranks” played on the children—acts which many viewers and commenters found to be cruel and even abusive.

Pushing Things Too Far

In one controversial video, a smiling woman appears and explains that her stepson had previously gotten in trouble for spilling ink on the carpet. She tells the camera that she is going to act like the child did it again. The woman sprays disappearing ink onto the carpet, then she and the child’s father call the son into the room. What follows is disturbing to many viewers: The two adults verbally berate the child for the spilled ink, screaming and cursing loudly at him. The child begins crying as he desperately tries to explain that he did not spill the ink. The verbal abuse goes on for an agonizing three full minutes before the parents laughingly tell the child that it was “just a prank.”

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 Posted on December 00,0000 in Divorce Finances

Divorce is not always fraught with tension and difficulties between parties. Often amicable agreements and a shared understanding can make the process smoother. Either way, skilled legal representation is crucial to ensure all eventualities considered. Over 2,200 divorces and annulments in DuPage County occurred in 2013 alone, a number which equals about half of the marriages that took place. This demonstrates that divorce rates are significant and the process requires skilled legal advice and representation to navigate. This is more so in the cases of couples who have significant assets. These “high end” or “complex” divorces entail several more layers of analysis and an equally skilled divorce attorney.

Substantial Assets

There are several financial holdings that could contribute to a marriage accumulating significant assets. So, when it comes to dividing them and the “equitable distribution’ of assets, matters can get complicated. The court takes into consideration many factors to make a fair and just distribution of assets.

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 Posted on December 00,0000 in Divorce

Some divorces can take years to resolve, which can lead to many unfavorable consequences for both parties. However, many divorces can be resolved on a quicker timeline and with fewer attorney’s fees.

To streamline your divorce proceedings, consider the following tips:

1. Agree with your soon-to-be ex-spouse as much as possible.

This is called an uncontested divorce. The simplest divorces involve spouses who agree that a divorce is needed. In these cases, a spouse is not trying to escape a process server or file unnecessary motions to delay a divorce from being finalized. There are also a number of other concerns that could be settled with little or no court intervention. For example, if the spouses agree on how parental responsibilities or the marital property should be divided, these issues will not need to be developed by the attorneys and decided by a judge.

2. Have a prenuptial or postnuptial agreement.

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 Posted on December 00,0000 in Child Custody

Even the most congenial divorce proceedings come with their own set of challenges. These are life-changing, stressful, heartbreaking and complicated times for everyone involved. Children are often caught in middle of the legal battles, and their concerns are just as real those of their parents’. It is not unreasonable for them to have concerns about who they will stay with, whether they will stay at the same school, or continue to live near their friends.

Different States, Different Rules

Child custody laws vary from state to state, and different counties or districts within each state may also have established protocols when it comes to making decisions regarding the children. Because of the differences in custody laws in different state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was drafted and adopted by 49 states—including Illinois—and the District of Columbia to help streamline custody rulings country.

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 Posted on December 00,0000 in Child Support

Child support is often a contentious part of a divorce. A massive change to the way that child support is calculated is set to take effect this July. It updates and streamlines an outdated method of calculating child support.

Under current Illinois law, child support is calculated using a fixed formula that requires a non-residential parent to pay a fixed percentage of their income. This was problematic because the one size fits all formula produced results that did not satisfy the needs of the child nor were the calculations developed to address the best interest of any children involved.

How Will Child Support Be Calculated Under the New Law?

Instead of using a static formula for every case that the courts preside over, the new law set to take effect in July uses an income sharing model to calculate the amount of money each parent will be responsible for. The profit sharing model means that courts will first determine the amount of money that would be spent on childcare if the child or children’s parents were not getting divorced. Once that amount has been determined the court then factors in variables like:

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