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naperville divorce lawyerLoyalty programs are popular marketing strategies that businesses use to lure customers. The incentives of reward points, which are often exchanged for products and services, help companies retain customers. These intangible reward points are considered currency and can include frequent flyer miles, credit card points, as well as hotel, restaurant, and retail rewards. As trivial as it may seem, reward points are often contested during divorce proceedings.

Identifying ownership of reward points can be challenging. A divorce attorney who understands the complexities of equitable property division can determine if reward points are marital or non-marital property.

Two Ways Reward Points are Marital Property

 Timeline of accrual – Reward points earned during the marriage are deemed marital property. The credit card account holder’s name is inconsequential as long as the accrued reward points occurred during the marriage. Even if the accrued reward points were through business travel or expenses, points from a corporate credit card are marital assets. Although some credit card reward points are not transferable, some offer cash-back benefits. The value of reward points exchanged for goods and services could be estimated and included in the settlement. 

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illinois child relocation lawyerLife circumstances sometimes change, and a divorced parent may need to petition the court for a parental relocation. The relocating parent may argue the move will improve the child's quality of life with opportunities such as a better school system or the parent's career advancement. The other parent may dispute the relocation for legitimate reasons, like economic or health challenges. Or, there could be a spiteful reason, such as the parent contesting the relocation to sabotage the ex-spouse's new life. Parental relocation disputes can be complex, especially when a child custody order needs a modification.

How the child will acclimate to the new environment is a significant concern. Luckily, protecting the child's best interests is a fundamental principle of the court. A family law attorney can help with the challenges of petitioning for a relocation. 

What the Illinois Parental Relocation Law Entails    

Temporary relocation – On January 1, 2022, an amendment to the Illinois Marriage and Dissolution of Marriage Act now permits a child's relocation to be temporary until the court reaches a final judgment. This relocation is permissible only if it fulfills the child's best interests. The original custody decree's parental responsibilities, like parenting time and decision-making, are upheld throughout the temporary basis of the relocation. Parents may move without permission if the move is less than 25 miles from a current residence in one of the collar counties or less than 50 miles from a residence in another Illinois county and not out of state. If the move exceeds the criteria, it is considered a relocation, necessitating permission from the other parent and the court. 

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naperville divorce lawyerEnduring a divorce can be agonizing, but the seemingly never-ending trauma could be amplified when a spouse refuses to comply with the divorce decree. A divorce decree could include determinations about the division of marital property, spousal support, child support, and parenting time. Sometimes, as stipulated in the divorce decree, an ex-spouse’s main source of income is spousal maintenance. Non-compliance with upholding the financial agreement of the decree could be catastrophic for the contesting spouse and perhaps even lead to destitution. Noncompliance with parental responsibilities and parenting time detrminations could also be detrimental to the child.  A divorce attorney can help enforce the court-binding decree through a contempt proceeding.

What is a Contempt Proceeding? 

A divorce decree can be enforced through the court by a contempt proceeding. Wage garnishments for support noncompliance or probated jail sentences for denying parenting time are some of the penalties for being held in contempt. Probated jail sentences incentivize adherence to the decree as the suspended jail sentence threatens actual incarceration. The disputing party must substantiate the following four factors.

  • Court Ordered Divorce Decree:  In Illinois, there is no statute of limitations on enforcing a divorce decree. To proceed, the decree, which can be temporary or permanent, must be explicitly detailed.  If the decree is ambiguous, the violation might be dismissed, and the judge could revise the decree's details.  

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