Recent Blog Posts
Tips for Co-Parenting during the Summer Months
Summer is right around the corner and for many families that mean filling the calendar up with vacations, day trips, family outings, and other fun activities. For divorced families, however, summer can also cause stress and strife between co-parents who are trying to make their summer plans with their children included, however, there are steps that they can take to help ensure a fun and no-stress summer for everyone.
Parenting Time Agreement
Spring is a good time to look over the parenting agreement that the court approved when custody was determined. Check and see if the agreement requires each of you to give the other a certain amount of notice when it comes to vacations and/or other events. If you do have plans which go beyond the boundaries set in the agreement, consult with the other parent before going ahead and finalizing those plans.
Understanding Illinois' New Child Support Law
Illinois is schedule to enact a new child support law on July 1 that will switch the state to a income shares model for calculating support payments. The state currently uses a percentage of obligor net income model, but income shares is considered a more equitable method. The Illinois Department of Healthcare and Family Services is responsible for creating the guidelines for the new child support model, but is not required to complete it by the time the law goes into effect. From the language of the law, divorcing parents can expect several changes in how child support payments will be determined.
New Formula
Illinois’ current child support system requires a parent to pay a set percentage of his or her net income, based on the number of children being supported. The new system eliminates that percentages scale in favor of a formula that takes into account both parents’ incomes:
IRS Rules Regarding Spousal Support
The month of April may signal the arrival of spring, but it is also the deadline for most people to file their taxes. For couples who have gone through or are in the midst of a divorce, there are several issues which may come up that could have a significant issue on federal income taxes. One of those issues is spousal support, and unlike child support, spousal support is considered to be taxable income according to the Internal Revenue Service (IRS).
Under the tax laws, any payment that meets the falling criteria is considered to be spousal support and therefore, the receiving spouse needs to claim it as income on their tax return:
- The spouses will be filing separate, not joint, tax returns;
- The payments made by one spouse to the other are “cash” payments. It is important to note that payments can be made via checking account, bank check, or money order;
Life after Divorce: Moving Forward
An Illinois woman’s social media photos that depict her celebrating her divorce have garnered international media attention. The woman hired the original photographer who took her wedding photographs five years ago to document the celebration, which included setting her wedding dress on fire. The woman, who said she was with her ex for a total of 10 years and who she shares a 6-year-old daughter with, said the experience made her “feel free.”
Although setting your wedding dress on fire may feel like an extreme choice to you, there are other steps you can take to help you move forward after a divorce.
Recognize Your Own Value
Many times, people who go through a divorce feel as if they have failed and question their own worth and how much they really do have to offer. Make a list of all your good qualities and read that list on a daily basis. Keep doing this until you really believe what you are reading.
Non-Custodial Grandparent and Great-Grandparent Visitation Rights
The state of Illinois has updated a number of laws regarding visitation rights. One of these changes that have been in effect since January 1, 2017, is House Bill 5656. This new law states that the Department of Children and Family Services (DCFS) is now required to make a reasonable effort to accommodate and grant visitation privileges to non-custodial grandparents and/or great-grandparents of a child who is in the care and custody of the DCFS.
The Department is now responsible for specific criteria when determining whether to grant visitation, such as:
- The DCFS should try and consider whether or not the child would like to visit with their grandparent or great-grandparent.
- They should determine the child's maturity level. The child may not be able to express how they really feel if they are too young to know the entirety of the situation.
The Emotional Effects of Divorce
Divorce is one of the most stressful life experiences. People going through divorce may withdraw from social circles, feel disappointment and rejection, and lose self-esteem. All of these feelings, when coupled with financial and child custody issues, create an extremely stressful time for someone going through a divorce.
On the Holmes-Rahe Stress Inventory Scale, divorce ranks second only after the death of a spouse. Stressful events ranking lower than divorce on the scale include detention in jail, the death of a close family member and major illness or injury. Stress affects mental and physical health in a pronounced way.
Physical Health Effects
As to physical effects, divorced or widowed people have 20 percent more chronic health conditions than married people. Chronic health conditions include heart disease, diabetes, and cancer.
Debt Division in Divorce
When a couple decides to divorce, it is not only assets that must be divided during the proceedings, but also any marital debt that has accrued. Like with assets, a family court will generally divide debts along equitable lines, meaning that the person who makes more or who has more assets will often be tasked with managing more debt, whether they originally incurred it or not. It may set your mind at ease to better understand the rationales judges use to make such determination, so you can know if you are being unfairly saddled with too much debt.
Illinois Courts’ Common Rationales
When discussing marital assets and debts, equity is the watchword - Illinois is an equitable distribution state, as opposed to a community property state, which means that the courts will divide both marital assets and debts according to each spouse’s ability to pay and the income they make. Generally, it is the fairest approach, as it ensures that each debt is assigned to the person who is most likely to pay it.
Premarital Agreements in Illinois
If you andy your partner are soon to be married, you may want to consider the option of taking a proactive approach by getting a premarital agreement. In the state of Illinois, a prenup is an agreement made by a couple before they get married that concerns the ownership of their respective assets if their marriage were to fail for any reason.
How to Get a Prenup in Illinois
Before you take the steps it takes to get a prenup you may want to speak with your future spouse about moving forward with the idea. You can explain to your partner that a prenup can protect both of your interests and can be mutually beneficial.
How a Prenuptial Agreement Can Help Your Marriage
A prenup may save substantial time and money by eliminating the need to go to court to settle any disputes, can determine who is responsible for the financial duties, they also can organize who will inherit your property, assets, and money.
Child Custody Laws in Illinois
There have been a number of changes made to Illinois family law that went into effect January 2016. The reasoning behind these changes dates back to spring of 2015 when the Illinois state legislature passed a measure that looked to update the Illinois Marriage and Dissolution of Marriage Act (IMDMA) on multiple areas of focus. After Senate Bill 57 was signed by the governor in August 2015 adjustments to the laws were expected to begin at the start of 2016. Whether you are going through a divorce, just went through one, or are considering having a divorce, these key revisions to Illinois family can change the way you have been parenting based on the previous laws of 2015.
Child Custody Then vs. Now
Last year at this time, Illinois law provided two options for parenting situations. Divorced or separated parents had the option of either sole custody or joint custody. Sole custody was when one parent would be granted the authority for important decision-making regarding their child, while joint custody meant that both parents would have to share responsibilities. At the beginning of 2016, the law went into place that states that parents must work together in raising their child and each parent’s rights will be fully respected and protected.
Do Cohabitating Couples Have Rights under Illinois Law?
Despite the changes in society’s norms, as well as the federal legalization of same-sex marriages, the Illinois Supreme Court is still standing by a 1979 ruling regarding the rights of unmarried domestic partners when it comes to any property their former partner owns.
In Hewitt v. Hewitt, the Court had to decide whether or not Illinois marital laws applied to a couple who had lived together as husband and wife but who were never legally married. The couple, who had three children together, lived in a “family-like relationship” from 1960 to 1975. When they split, the woman (the plaintiff) filed for divorce, which was eventually dismissed based on the fact that no legal marriage license was ever obtained, nor did the couple ever have any kind of marriage ceremony.
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