Posted on October 24, 2016 in Property Division

Depending on the position you hold, you might have a pension plan. A pension is a fund that a working individual contributes to during his career, which is then invested by the manager of the pension in an effort to have the fund earn money. The intent is to put the worker in a position to retire comfortably. When the worker retires, he or she receives a monthly payment from his or her pension. Many Americans rely on multiple retirement accounts, which can include IRAs, 401(k)s, 403(b)s, and health savings accounts as well as pensions to save money for retirement. In a divorce, retirement accounts are treated the same way as all other assets – subject to division according to the doctrine of equitable distribution. This is true even if you opened your retirement accounts before you were married because you continued to contribute to them during the marriage.

Your accounts may be divided into “marital property” and “singly-held property” portions by determining how much money they contained before you were married to determine how much money may be considered to be part of your marital estate. Before you enter the property division process, talk to your lawyer about how your pension will be valued so it can be distributed in an equitable manner.

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 Posted on October 20, 2016 in Domestic Violence

Domestic violence is a problem that continues to affect countless families throughout Illinois and across the country. At our law firm, we are proud to help those whose lives have been impacted by such abuse and stand united with those who are working to reduce and eliminate domestic violence from our communities. It is with this in mind that we remind our friends and neighbors that while October is Domestic Violence Awareness Month, we can all do our part every day to provide care and support for abuse victims.

How It All Started

The history of Domestic Violence Awareness Month (DVAM) traces back to October of 1981 when the length of observance was not for the whole month, but only for a day. DVAM evolved from the “Day of Unity” that was founded by the National Coalition Against Domestic Violence.

On this day, those who took part had the intentions of working together to end violence against women and their children. Soon after, more and more people became aware of the Day of Unity and it quickly evolved into an entire week filled with events mourning the loss of those who have died from domestic violence, celebrating survivors, and bringing together communities to help end domestic violence.

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 Posted on October 17, 2016 in Family Law

The Social Security Administration provides disability benefits for individuals who qualify to receive them. This coverage is known as Social Security Disability Insurance (SSDI). Parents who receive SSDI can also receive coverage for their children to help cover the costs of raising a child while being too disabled to earn a sufficient income. Like all other forms of income, one's SSDI benefits can be affected by his or her divorce. This can, in turn, affect your child's SSDI coverage. If you are an SSDI recipient with a minor child who receives SSDI coverage and you are considering filing for divorce, discuss this with your divorce lawyer.

How Divorce Affects SSDI Benefits for Minor Children

Any biological child, adopted child, or stepchild under the age of 18 or up to age 19 if he or she is a full-time student can receive coverage of up to 50 percent of his or her parent's SSDI benefits amount as long as the child is not married. This type of coverage is known as auxiliary benefits. In certain cases, the grandchild of an SSDI recipient can also receive auxiliary SSDI benefits.

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 Posted on October 13, 2016 in Divorce

Alternative dispute resolution (ADR) can provide a divorcing couple with an efficient, reduced-conflict path to a mutually-satisfying divorce settlement. However, it is not the right choice for every couple. Sometimes, divorcing through an ADR method like mediation or collaborative law can seem like the right choice, but then prove to be impossible for the couple to complete once they actually begin the process. When this happens, the couple must explore other options for completing their divorce. Sometimes, a couple can try ADR again with greater success. In other cases, litigation is the right choice.

Try Working With Another Mediator

When you choose to divorce through mediation, you and your spouse work with a mediator, a neutral third party professional, to reach a mutually agreeable divorce settlement. Mediators are human beings and, as such, not every mediator is a good fit for every couple. You might feel like your mediator has a bias or is not guiding your divorce discussions in a way that makes you feel empowered. If this is the case, it is perfectly acceptable to stop the process and restart it with another mediator.

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 Posted on October 10, 2016 in Child Custody

Teenagers make mistakes. Sometimes, these mistakes result in misdemeanor charges, like a shoplifting or underage possession of alcohol charge. In some cases, an adolescent can face a felony charge. As a divorced parent with a shared parenting time and parental responsibilities agreement, you might wonder what your role is regarding your child's criminal record.

In Illinois, charges, convictions, and penalties for minors are handled by the Illinois Department of Juvenile Justice. If your child has been charged with a crime, start working with a criminal defense lawyer who specializes in juvenile offenses to handle his or her case. This is not the only lawyer you should contact, however. Speak with your family lawyer as well to determine your rights and responsibilities as a parent and how your child's conviction will, if at all, affect your current arrangements.

Determine a Strategy With the Other Parent

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 Posted on October 06, 2016 in Family Law

Although same-sex marriage is legal throughout the United States and Illinois law was recently amended to allow same-sex parents to become legal parents to any child born or conceived during their marriage, there are still certain issues that same-sex parents can face that do not affect heterosexual parents or, if they do affect heterosexual parents, do not affect them as widely or as profoundly. In the divorce process, same-sex couples are treated identically to heterosexual couples – or ideally, should be. Sometimes, a biased judge can make unfair rulings, requiring the couple to take time to appeal the ruling in order to receive fair treatment. If you are a parent in a same-sex relationship who is divorced, preparing to divorce, or working through another legal issue like modifying an established court order, discuss any specific issues you might face with your family lawyer before you proceed.

Legal Parentage of Your Children

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 Posted on September 28, 2016 in Divorce and Finances

In a marriage, all assets and debts accrued while the couple is married are considered to be marital property. This includes any debt following purchases made primarily or solely for one partner's benefit, such as a new vehicle or a college education for one of the spouses. The only exception to this rule is if the couple has a prenuptial agreement in place that designates one partner as the sole owner of a specific asset or debt or if one partner receives an asset through inheritance or a gift. In these latter scenarios, the asset or debt is singly-held property and treated the same way as an asset or debt or she held when he or she entered the marriage. When your property is divided during your divorce, it is divided according to the doctrine of equitable distribution. This means that your assets and debts are assigned to you and your partner according to your needs and contributions to the marriage.

How the Court May Divide Your Debt

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 Posted on September 26, 2016 in Children and Divorce

If you have been divorced for many years, you are probably fairly comfortable navigating the world of parenting after a divorce. If you are recently divorced, you might still be trying to determine what works and what does not work in this field. Co-parenting is a collaborative effort and the decisions you and your former partner make are generally driven by your child's academic, social, and medical needs. For many Illinois families, a young adult attending college after high school is one of the events that requires careful planning and cooperation between divorced parents.

Although your son or daughter is legally an adult at this age, it is not uncommon for you and your former partner to continue to support him or her financially. In fact, there may be a clause in your divorce settlement requiring one or both of you to contribute to his or her college expenses. But even if the financial aspect of your roles as parents in your child's college education is squared away, there are other issues you need to clarify. Who will drop your child off to campus? In which home will he or she stay during school breaks? How will expenses outside tuition and fees that your child incurs be handled?

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 Posted on September 21, 2016 in Child Custody

As divorced parents, it is your job to cooperate and work together for your child's benefit. But what if you and your spouse disagree on the course of action that would best benefit your child? For example, if your child suffers from a mental or physical health problem, you might want to research alternative treatment options or a specific type of therapy, while your former spouse wants to stick to traditional treatment methods. Watching your child suffer can be heartbreaking and fighting with your former spouse about how to help your child can be frustrating.

Parental Responsibility Allocations Determine Each Parent's Say in the Child's Treatment

In Illinois, the court develops a parenting time agreement and an allocation of parental responsibilities for divorcing couples with children. These replaced the terms “legal custody” and “physical custody” when the Illinois Marriage and Dissolution of Marriage Act was revised in 2015.

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 Posted on September 19, 2016 in Child Custody

No two school years are the same. As your child grows, his or her academic, social, and personal needs change and as he or she moves through different grade levels and schools, so do the schedules with which he or she must conform and the opportunities he or she can pursue. As a parent, it is your job to facilitate your child's academic success. If you have a parenting time agreement with your former partner, be sure to discuss the following with him or her as the new school year starts. Having these discussions beforehand can prevent confusion and conflicts later.

Extracurricular Activities

Your child might be interested in a new extracurricular activity, which might change his or her schedule or need for financial support. Talk to your former partner about this activity to determine whether it would be feasible for your child to pursue it and if so, how you will need to alter your existing schedule or child support agreement for it.

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