Posted on December 00, 0000 in Main

Maintenance, formerly referred to as alimony, is a monetary payment from one spouse to another spouse in need of financial support during and after a divorce. Maintenance can be in the form of regular monthly payments, which can be temporary or indefinite. Courts consider many different factors in determining the amount, type, and structure of maintenance after divorce, and parties to a divorce and their attorneys should take all of these factors into account when negotiating an appropriate maintenance award and structure.

Regardless of the structure, maintenance normally leads to an income increase for the spouse awarded the payment as part of a divorce. This means that unless otherwise stated, the receiving spouse will have to pay taxes on the support he or she receives from a former spouse. It is therefore important for the receiving spouse to understand the financial impact that our ever-changing income tax laws can have on the award. Individuals trying to interpret and understand tax language should seek the help of professionals to help them navigate the effects of income tax laws and income tax law changes on any maintenance award they may receive.

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 Posted on December 00, 0000 in Main

Proactive divorce attorneys in Illinois are poised to handle potential imminent changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA, for short). Recommendations for changes to the IMDMA from the Family Law Study Committee, a group of individuals who have been studying existing Illinois divorce laws since 2008, are very close to being enacted. The Illinois State Bar Association's Director of Legislative Affairs recently reviewed and compiled a list of all of the potential changes to the IMDMA. If these changes pass this Fall's legislative veto session, the changes will be put into effect as early as Summer 2014. These changes could result in significant changes to how divorces in Illinois occur.

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 Posted on December 00, 0000 in Main

People use the terms ‘divorce' and ‘annulment' interchangeably, but there is a difference between the two that can have serious consequences. Illinois law defines divorce as a legal procedure that results in the termination of the marriage; basically, this means there was a valid, legal marriage under the laws of the state of Illinois that has now been terminated. Moreover, as part of the divorce, both parties will get an equitable portion of the assets that belonged to the marital estate, which a divorce judge will divide between the parties.

Annulments, on the other hand, target the validity of the marriage in the first place. The process of annulment under Illinois law is known as a declaration of the invalidity of a marriage. This process is designed to determine whether the marriage ever legally existed or whether it was invalid right from the start. The Illinois Marriage and Dissolution of Marriage Act has specific conditions for determining whether a marriage may be annulled for being invalid. Contrary to divorce, a successful annulment may mean that each party gets to keep his or her own assets even though those assets were acquired during the marriage; in other words, the assets never legally become part of the marital estate.

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 Posted on December 00, 0000 in Main

If you are considering divorce or are in the process of a divorce currently, you have a lot of incentives to become organized. Getting and staying organized can actually increase your chances of success in the divorce process. Not only does organizing your personal records and documents help your attorney, but it can also provide peace of mind and help you understand your own situation better.

Your attorney will undoubtedly request documents from you to better understand, among other things, your financial situation. Financial documentation is critical in the determination of property division, maintenance, child support, and debt allocation. Information on individual and family spending habits, debts, and income/cash flow is necessary for resolution of the financial aspect of a divorce—and it can even have an impact on other issues such as child custody. Having this information readily available helps your attorney work on resolving all of these issues right off the bat and helps him or her have a better idea of where the case is headed and how the overall picture looks.

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 Posted on December 00, 0000 in Main

Determining a custody arrangement for children of divorcing parents or parents who have never married can be a complicated and complex legal matter. Especially when one or both parents contest a custody arrangement, court proceedings and the interactions between the parents can become extremely hostile and acrimonious.

In 2006, the Illinois Supreme Court established new rules to try to avoid drawn-out custody proceedings that tend to have a highly negative impact on the child or children in question. The Court adopted Supreme Court Rules 900-942 to try to ensure that custody determinations would be made as quickly and as amicably as possible, while continuing to focus on what arrangement is in the best interest of the child. For example, Rule 905 requires family courts to provide mediation programs for parents to try to solve custody and visitation arguments outside of the courtroom. While mediation can be extremely helpful, it does not always work, and it is usually imperative for parents in a custody battle to consult with an experienced family law attorney to understand how courts make custody determinations and to try to resolve a custody dispute efficiently and favorably. An experienced family law attorney can also help parents to avoid contentious custody disputes and work on a mutually-agreeable custody arrangement without the cost and pain of extended litigation.

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 Posted on December 00, 0000 in Main

For several years, the cost of higher education has received a great deal of (negative) attention. Forbes reports that college costs, which rose sharply between 2000 and 2012, have increased at a slower pace in 2013. However, the availability of federal grants and loans, which help to minimize the out-of-pocket cost of college for many families, decreased in 2013. Today, the average college student graduates with $27,000 in debt. Additionally, tuition rates are increasing at twice the rate of inflation, and tuition rates do not even consider the cost of room and board, which can be more than the tuition itself each year.

The financial stress of paying for a child's college education can be exacerbated for parents who have gone through a divorce. While parents often set up college savings accounts, such as 529 savings plans, for their children's college, finances are often stressed because of divorce, leaving little extra money to go towards a college savings plan. And if a savings plan has not already been set up, doing so during or after a divorce is often extremely financially difficult. In an ideal world, parties could come to an agreement beforehand as to how to deal with contribution towards future college expenses for their children, but in reality, divorcing couples often cannot agree as to how the expenses should be shared or how much money should be set aside for college.

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 Posted on December 00, 0000 in Main

As more women take on roles outside the home than ever before, female breadwinners are becoming more common in U.S. families. While this is certainly something to celebrate for those women who are increasing their earnings and career potential, it is also creating some unique challenges for the modern family. The Pew Research Center recently published findings showing that women are now the primary breadwinners in 40 percent of families—a dramatic difference from 11 percent of families in 1960. This change in income dynamics can cause conflict, arguments between spouses, and even a higher likelihood of divorce.

Some research has identified that divorce rates are higher—up to perhaps even 50% higher—for couples where the female out-earns her male partner. Certainly, gender roles in the home are changing as some families make the decision that the male will stay at home and care for the house and any children. Some couples may find the change of pace refreshing, flexible, and accommodating; on the other hand, this arrangement may be difficult for particular couples to adjust to and may bother certain partners. Women can potentially feel overloaded with responsibility, and can be made to feel as though they must choose between their family and their career. Men may potentially feel threatened by a female partner who earns more money and resent her position. These stressors can cause arguments and disagreements between spouses and can cause serious conflict in a marriage.

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 Posted on December 00, 0000 in Main

Regardless of when you file for divorce, your tax status—whether you can file jointly with your spouse or must file individually—depends on your marital status as of the last day of the year (December 31). For example, if you have filed for divorce but are still legally married on December 31, you can file a joint return with your spouse for that year; if, however, you have officially divorced as of December 31, you can no longer file jointly for that year. Wherever you are in the separation process, there are a few things to keep in mind to relative to filing your taxes.

Filing Jointly

Filing returns jointly usually provides a benefit to spouses, as it usually leads to a lower tax liability. For this reason, spouses often file jointly (even if they are going through the divorce process). However, according to the Internal Revenue Service, both spouses are jointly and individually responsible for taxes, penalties, and interest due on any joint tax return filed for a year that ended before your divorce. This rule applies even if a divorce agreement states that a former spouse is responsible for these amounts (in other words, the IRS is not bound by an agreement entered in a family court). However, a spouse may be able to file for relief from IRS liability. There are three types of relief:

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 Posted on December 00, 0000 in Main

If you are the parent of stepchildren and are worried about filing for divorce in Illinois because of what might happen to your relationship with your stepchildren, you'll be happy to know that, under certain circumstances, a stepparent may be able to get visitation or custody rights.

The Illinois Marriage and Dissolution of Marriage Act allows stepparents to file for custody of their step children in certain cases. In order to commence a custody proceeding of stepchildren, the following conditions must be met:

• The child must be at least 12 years old;
• The custodial parent and stepparent must have been married for at least five years, and the child must have lived with them during that time;
• The custodial parent must be deceased or disabled and unable to perform his or her parental duties;

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 Posted on December 00, 0000 in Main

“Let cooler heads prevail with these men and women who work for the cause with all their hearts, with cool heads and skilled hands will master every fate” – Gustav Krupp.

Perhaps this German diplomat from the late 19^th Century was onto something. In today's parlance, this phrase is known as simply: “don't lose your cool.”

For couples facing divorce, this should become each party's daily mantra, though it's certainly easier said than done. The divorce process is such a powerful, emotional experience that it is often equated to the experience of the death of a loved one. Such an experience could evoke an overload of emotions that come bubbling to the surface. There are ways, however, to ensure that you do not lose your cool and “let cooler heads prevail.”

Step 1: Set Realistic Expectations for Family and Friends

A divorce not only means the final division of assets and property, but also the division of family and possibly friends. It is important to keep in mind that you are likely not the only one experiencing anxiety over the dissolution of your marriage. Therefore, don't feel offended or betrayed if not everyone you know is your personal cheerleader. Be forgiving and take comfort that those standing by your side at the end—and there will be friends and family standing by your side at the end—truly believe in you and love you.

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