Posted on November 09, 2021 in Spousal Maintenance

Originally posted: October 16, 2017 -- Updated: 11.9.2021

Changes to federal tax laws in 2019 changed the way that spousal support is taxed in Illinois and throughout the U.S. Before 2019, spousal maintenance payments were tax-deductible for the payor. The recipient spouse could claim alimony or spousal support payments as taxable as income. Presently, spousal maintenance is not deductible from the income of the payer spouse. Additionally, the receiving spouse cannot include maintenance payments as income on their taxes.

Divorce can have a massive financial impact - especially when a divorcing spouse is dependent on their soon-to-be-ex-’s income. The purpose of spousal support or spousal maintenance is to offset the negative financial impact of divorce. Maintenance payments can give a stay-at-home parent or non-working spouse time to gain the job skills or education needed to be financially independent.

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 Posted on November 03, 2021 in Paternity

Paternity refers to the legal relationship between a child and the child’s father. When a woman has a baby, she is automatically considered the child’s legal parent. The woman’s husband, if she is married, also becomes the child’s legal parent. However, when unmarried parents have children together, the situation is different. Often, one or both parents will need to take additional steps to establish the legal relationship between the child and the father. Read on to learn about establishing paternity in Illinois and what you can do if you have questions or concerns about paternity.

How Can You Establish the Legal Father-Child Relationship?

Establishing paternity offers important advantages for both parents and children. The easiest way to establish paternity is for both parents to fill out a Voluntary Acknowledgement of Paternity (VAP) and file it with the Illinois Department of Health and Family Services. However, this option is not always possible. If your child’s father refuses to sign the VAP or there is uncertainty about who the child’s father is, you may need to take action through the Department of Healthcare and Family Services (HFS) or the court system. Genetic testing may be needed to verify the father’s biological relationship to the child. Typically, DNA paternity testing is accomplished by taking a small cheek cell sample from the inside of the mouth.

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 Posted on October 26, 2021 in Child Support

Autism spectrum disorder is a developmental disability that can cause difficulty with communication, socialization, and behavior. The condition ranges from extremely mild to severe. Some people with autism are unable to speak or take care of themselves. Others can handle everyday tasks but need assistance with more complex responsibilities.

As a parent of an autistic child, you may face significant child-related costs. Your child may need specialized education or childcare. He or she may participate in early intervention treatment services such as behavioral therapy or speech therapy. Some parents of children with autism forgo a career and stay home to care for their child full time. Expenses can quickly add up, and these costs do not disappear once the child turns 18. Fortunately, Illinois law provides a way for parents of children with disabilities to receive child support even after the child is an adult.

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 Posted on October 18, 2021 in Prenuptial Agreements

Getting engaged to be married is an exciting and romantic experience. If you are like many soon-to-be spouses, you may worry that asking your partner for a prenuptial agreement will put a damper on this exciting time in your life. You may even wonder if bringing up the idea of a prenup will make him or her question the engagement.

Prenuptial agreements are massively misunderstood. Fortunately, more and more people are starting to understand the value of prenuptial agreements. Prenups are not only for celebrity couples or the ultra-wealthy. Prenuptial agreements protect both spouses’ rights and financial interests. Drafting a prenuptial agreement is also a great way to discuss crucial financial issues before you get married. The following tips can help you broach the subject in a way that is non-confrontational and low pressure.

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 Posted on October 11, 2021 in Child Custody

Any family law issue can become hostile and non-productive. When a family law concern involving children becomes contentious, both the adults and the children involved in the dispute can suffer. In order to reduce contention and promote out-of-court resolutions to child custody issues, many Illinois courts require parents to attend mediation.

Why Are We Being Forced to Go to Mediation?

Child custody disputes are often some of the most difficult family law cases to resolve. Parents understandably have strong beliefs about their children and what is best for them. When parents cannot reach an agreement about the allocation of parental responsibilities and parenting time, the court may have to intervene. However, Illinois courts try to avoid child custody trials whenever possible. These trials can place a great strain on children and their parents. The adversarial nature of a court trial also pits parents against each other, making it even harder for them to build a cooperative co-parenting relationship in the future.

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 Posted on October 04, 2021 in Mediation and Collaborative Law

Many people are surprised to learn that deciding how to end their marriage can be just as difficult as the decision to divorce. There are several different ways that you can end your marriage in Illinois. Each has its own advantages and disadvantages. In this blog, we discuss the advantages of using collaborative law to resolve divorce issues. Collaborative divorce is a cooperative process in which spouses work together to negotiate, and hopefully, reach an agreement on divorce issues.

Collaborative Divorce Prioritizes Cooperation and Civility

There is no doubt about it, the more contentious your divorce, the greater the cost – both financially and personally. Most divorcing spouses want to maintain as much civility as possible when they get divorced both for their own sake and the sake of their children. In a collaborative divorce, spouses and other participants agree to negotiate in good faith, share information freely, and maintain a respectful attitude toward each other. This is not to say that collaborative divorces are void of any conflict. However, collaborative divorce cases typically involve less hostility than cases resolved through litigation.

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 Posted on September 26, 2021 in Divorce

The average marriage ceremony takes less than an hour. However, undoing a marriage through divorce can take weeks, months, or even years. Spouses may need to address the division of property and debt, spousal support, child support, child custody, and more. If you are like many spouses beginning the divorce process, you may wonder how you will handle the months or years between filing the divorce petition and the divorce’s resolution. Temporary orders can address important divorce issues like child custody or spousal support while the divorce is ongoing.

Temporary Relief Orders During an Illinois Divorce

Often, divorcing spouses are unable to reach an agreement about how to handle parental responsibilities, parenting time, financial concerns, and other divorce issues without the court’s intervention. Temporary relief orders may address:

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 Posted on September 22, 2021 in Child Custody

Ending a marriage can be a complex process emotionally, legally, and financially. This is especially true when parents divorce. If you share children with your soon-to-be-ex, it is important to educate yourself about the way Illinois handles child custody. The state revamped several major divorce and child custody laws in 2016. Now, parents are asked to create a parenting plan that describes each parent’s parental responsibilities and parenting time.

Child Custody Laws in Illinois

When parents file for divorce, they are asked to create a “parenting plan” or parenting agreement that describes child custody issues. While the terms “child custody” and “visitation” are still sometimes used informally, the law no longer uses these terms. Instead, child custody is broken down into two major components:

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 Posted on September 11, 2021 in Divorce

Studies show that approximately 16 percent of married people cheat on their spouse at least once in their lives. Of course, what constitutes “cheating” is up to the individuals involved in the marriage. Whether your relationship was affected by a one-time instance of sexual infidelity or a long-term affair, there is no doubt that cheating can dramatically impact a marriage. But how does infidelity affect divorce? Are spouses entitled to a greater share of marital property or higher spousal support payments if their spouse cheated? Does infidelity impact child custody determinations? Can you list “adultery” as the grounds for your divorce?

Adultery in Illinois Divorce Cases

The grounds, or legal justifications, for divorce vary from state to state. Presently, Illinois is a no-fault divorce state. This means that you will not list adultery or other fault-based grounds as the reason for your divorce. The only reason you will have available is “irreconcilable differences.” Infidelity and other forms of marital misconduct do not typically impact the division of assets and debts, spousal maintenance, or child custody decisions in Illinois divorce cases. However, there are ways that adultery or an affair partner can influence divorce determinations.

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 Posted on September 02, 2021 in Division of Assets

The division of property and debt is often one of the most important aspects of divorce. If you are ending your marriage, you may have questions about how your shared assets will be divided between you and your spouse. If you are like many soon-to-be-divorced people, you are especially concerned with ownership of the family home. Your house, condominium, or other residence is not only a valuable asset in the financial sense, it is also valuable for sentimental and personal reasons. If you are a parent, the family home may also represent stability and familiarity to your children. Understandably, the question of who gets the house is often one of the top concerns in a divorce case.

Illinois Law Regarding the Marital Home

The court does not always allocate marital assets in a divorce. In most cases, the spouses are able to reach a property division settlement outside of court with help from their attorneys. Some couples decide to sell the home and divide the profits from the sale evenly. Other couples decide that one spouse will keep the home while the other spouse keeps property of equivalent value.

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