Posted on May 23, 2016 in Child Custody

It is unreasonable to expect a divorced individual to remain single for the rest of his or her life. As we move past a divorce and into the next phases of life, many of us find new partners. For a child, seeing his or her parent start to date, live with, or marry a new partner can be stressful. It can also be stressful for the child's other parent, who might feel resentment toward the new partner or oppose something about him or her, such as his or her religious practices or values.

If you find yourself uncomfortable with the idea of your child being around your former spouse's new partner, ask yourself why this is. You cannot simply prohibit this individual from being around your child because you do not like him or her. When your child is with his or her other parent, that parent can determine who is to be around the child. However, the court can place restrictions on your parenting time agreement if it determines that exposure to a certain individual is not in your child's best interest.

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 Posted on May 16, 2016 in Child Support

After a divorce, you could be required to make child support or spousal maintenance payments. These are meant, respectively, to cover the added expenses your former spouse faces as the primary parent of your children or to soften the financial blow that he or she suffered as a result of your divorce. Although you might feel like being required to make either or both of these payments is unfair, failure to make them is an act of contempt of court. If you cannot afford to make your spousal maintenance or child support payments, talk with your attorney about petitioning to the court to have your order modified. This is the correct way to handle your expenses, rather than allowing yourself to become delinquent. If you allow yourself to fall behind on your required payments, you could face court action such as wage garnishment, income withholding, and the loss of certain privileges until you pay the money you owe to your former spouse. Having a balance of unpaid child support or spousal maintenance is known as being in arrears.

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 Posted on May 11, 2016 in Child Custody

Maybe. When the court determines the appropriate parenting time agreement for a divorcing couple's children, it does so with the intention of creating an agreement that has the children's best interest in mind. This means that the court tries its best to create the parenting time agreement that gives the children the best opportunity to thrive physically, academically, mentally, and emotionally. The best parenting time agreement for a child also often tries to give the child a substantial amount of time with each parent so the child can maintain relationships with each of them as well as their extended families.

If you suffer from a mental disorder like depression or bipolar disorder, it can affect your ability to effectively parent your child. If it does, it may be considered when determining the right parenting time agreement for your child. Suffering from a mental health problem will not prevent you from having time with your child, but it can be a factor in the determination process if the court feels it could negatively impact your relationship with your child or your child's ability to succeed in your home.

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 Posted on May 04, 2016 in Prenuptial & Postnuptial Agreements

If you are considering getting married in the near future, you should also be considering signing a prenuptial agreement. This is especially important if you have children or any considerable assets such as a small business, real estate, or a savings. A prenuptial agreement is a document that states the terms that you will follow in the event of a divorce. It can also state how your assets are to be divided in the event of your death.

This second reason is the reason why many individuals who have children from previous relationships opt to sign prenuptial agreements – having one in place can help to ensure that your children receive the portion of your assets that you want them to receive. Talk to your fiance about drafting and signing a prenuptial agreement as you move forward with other pre-marriage decisions like whether you will have a religious wedding or a civil one, whether you plan to have children, and where you plan to live. It is important that any engaged couple come to a full understanding about where each partner stands on these "big" decisions before getting married.

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 Posted on May 02, 2016 in Divorce

A divorce can bring out many emotions in an individual. An individual going through the divorce process might feel anger, resentment, frustration, and sadness as well as more positive emotions, like relief, accomplishment, and a renewed optimism about the future. Sometimes, these emotions coexist, or an individual might even feel motivated about finalizing their divorce and moving on one day, then feel crushed about the end of their marriage the next. Emotions are not always logical, nor do they have to be.

But sometimes, the negative feelings that come with a divorce can turn into something more – a mental health disorder like depression. A divorce is a major change in an individual's life. It is not unnatural to feel depressed after going through a divorce, especially in an individual who did not initiate the divorce. If you find yourself feeling depressed in the weeks, months, or even years after your divorce is finalized, know that you are not alone. Find yourself a counselor or psychiatrist who can help you overcome your depression. You might even find a mental healthcare professional who specializes in working with individuals affected by divorce. Do not resign yourself to suffering from depression – you can get help and move on with your life.

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 Posted on April 28, 2016 in Paternity

Among the amendments to the Illinois Parentage Act that went into effect in January 2016, new guidelines were established to determine whether using DNA testing to determine paternity is in a child's best interest. This is because state lawmakers recognized that being a child's parent involves more than shared DNA, such as an established relationship and a history of supporting the child's personal needs. But this does not eliminate the value that genetic testing can have in cases where a child's parentage is disputed. Much like the set of factors used to determine the right parenting time arrangement for a child after his or her parents divorce, the court relies on the following set of 10 factors to determine whether a DNA test would be beneficial in a given paternity dispute.

Denial of a Motion for a DNA Test

These factors exist because under the revised law, the court has the right to deny a motion from a parent or alleged parent to use DNA testing to determine a child's paternity. The factors considered are as follows:

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 Posted on April 26, 2016 in Property Division

When an Illinois couple divorces, their assets are divided among them equitably. This means that rather than splitting the couple's assets down the middle, the court divides them according to what it feels would benefit each party most and accurately compensates each for his or her contributions to the marriage. But in order for the court to determine this, it must determine the monetary value of the couple's total pool of assets. For most couples, the largest piece of the asset pool is the couple's home. Houses can also fluctuate greatly in value, and it is not uncommon for real estate websites to list misleading values for houses. This is why a divorcing couple must have their home appraised by a certified real estate appraiser.

The Appraisal Process

When a real estate appraiser comes to determine a property's value, he or she begins the process with a brief chat with the property's owner. During this chat, he or she might ask questions about and special circumstances regarding the property or concerns the owner has. After this, the appraiser tours the property, taking note of aspects like room size, the materials used in the home, whether key features like the roof or heating system have been replaced or will need to be in the near future, updates the homeowners made to the home, and any special features like a finished basement or a swimming pool. These can all raise or lower the value of a property.

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 Posted on April 21, 2016 in Alimony / Maintenance

In a previous blog post, we discussed the issues that an individual who receives spousal maintenance from a former partner needs to know about his or her tax responsibilities. But what if you are the one making spousal maintenance payments? If this is the case, you also have certain tax issues to understand and consider.

It is important that you understand a certain set of tax facts if you are currently making spousal maintenance payments to a former spouse. For clarification or answers to questions specific to your circumstances, speak with an experienced divorce attorney or your accountant.

Spousal Maintenance Payments Are Tax Deductible

Generally, you can deduct the spousal maintenance payments you make from your taxable income, saving yourself some money at the end of the year. But in order to do this, the payments need to be classified according to the IRS' rules regarding spousal maintenance payments.

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 Posted on April 19, 2016 in Divorce

In the ideal divorce, both partners communicate with each other respectfully to work through the processes of dividing their property, determining their parenting time and child support arrangements, and determining their spousal maintenance agreement. In reality, most divorces are far from ideal.

Emotions like frustration and resentment tend to run high during the divorce process, and these emotions often lead to combative behavior like false accusations. In many cases, accusations are made in an effort to color the court's perception of one's former partner so he or she receives a smaller share of parenting time or property from the divorce, or even receives no parenting time at all.

Examples of False Accusations

Accusations that an individual might face during the divorce process include:

• Substance abuse;
• Domestic violence;
• Attempts to hide assets or manipulate marital funds;

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 Posted on April 14, 2016 in Child Custody

This is a question that comes up frequently in discussions about shared parenting responsibilities and children's lives following a divorce. When a parenting time agreement is determined for a child, the court does so with the child's best interest in mind. This means that the court will create the arrangement that it feels best serves the child's personal development. In most cases, the parenting time arrangement that is best suited to one of a couple's children is the best choice for them all. But what happens when this is not the case? Can two children from the same parents have different parenting time arrangements after their parents divorce?

Yes. Although it is uncommon, there are certain circumstances that can make it ideal for a couple's children to have different parenting time plans.

Relationships Matter

The court considers all relationships in a family when determining a parenting time agreement. If one of the children has a volatile relationship with one parent and the other child has a similarly difficult relationship with the other, the court may opt to grant each child more time with the parent with whom they have a better relationship. Likewise, if the couple's children have an extremely hostile or abusive relationship with each other, the court might decide to have the children reside primarily in different households. Other parties present in either household and their relationships to the children can also factor into this decision.

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