Posted on October 24, 2024 in Child Custody

Parental alienation is a painful and complicated issue that can arise during custody disputes when one parent intentionally harms the child’s relationship with the other parent. It can involve bad-mouthing, blaming, or even preventing communication between the child and the other parent. The alienating parent’s goal is typically to damage the relationship between the child and the targeted parent in order to influence custody arrangements. If you suspect parental alienation is happening with your child, an Illinois family law attorney can guide you through the legal process while protecting your rights.

What Are the Signs of Parental Alienation?

Parental alienation can be subtle or overt, but it can seriously affect a child’s emotional and mental health. It is important to watch for common warning signs, including:

• The child expressing unjustified anger or fear toward one parent

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 Posted on October 21, 2024 in Child Support

Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a "substantial change in circumstances" has occurred. But what does that actually mean? Understanding what the court considers a substantial change in circumstances can help you determine whether or not you should request a modification to your child support order.

How Are Child Support Payments Set in Illinois? 

In Illinois, child support is calculated using an income shares model, which uses the combined income of both parents. The state's guidelines provide a formula based on the number of children and the parents' financial resources. Each parent's share of the child support obligation is determined by that parent's percentage of the combined income. Other factors, such as health insurance costs, childcare expenses, and the amount of time each parent spends with the child, may also influence the calculation. Illinois courts aim to ensure that the child receives the same proportion of parental income they would have if the parents were living together, with the goal of maintaining the child's standard of living.

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 Posted on October 17, 2024 in Divorce

When a marriage ends, the decision to pursue a divorce is often filled with uncertainty and emotional difficulty. One of the initial questions that may arise is whether to file for divorce first or wait for the other spouse to take that step. This decision is more important than many people realize, as filing first can offer strategic advantages for legal positioning and financial protections. A skilled Illinois family law attorney can help you navigate this complex decision.

What Are the Legal Advantages of Filing for Divorce First?

Being the first to file for divorce can offer significant legal benefits, especially when it comes to deciding preferred terms for matters such as child custody, spousal support, and property division. Other possible advantages include: 

• Choosing Jurisdiction: In some cases, filing first allows you to choose the county where the case will be heard, which can be an advantage in terms of travel, convenience, and even local court rules.

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 Posted on October 17, 2024 in Family Law

When a marriage reaches a point where a couple can no longer live together, they may consider two options: legal separation or divorce. While both processes involve living apart, they have important legal differences that can impact finances, responsibilities, and personal status. Understanding the distinctions between the two is essential in order to make an informed decision. If you have questions about legal separation and divorce, an Illinois divorce attorney can help you understand the differences and determine which option works best for your situation.

What Is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. Couples may choose this option due to religious beliefs or personal reasons or to maintain certain marital benefits, such as health insurance and tax advantages. The critical difference is that legal separation does not end the marriage.

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 Posted on October 10, 2024 in Divorce

Social media is an essential part of daily life for many people, but it can be a double-edged sword during a divorce. Every post, comment, or "like" can quickly become a liability and have serious legal consequences. That is why it is very important to understand how social media activity can impact your divorce proceedings. If you have questions about using social media during your separation, consulting with an Illinois divorce attorney can help you understand the state’s rules and regulations.

How Can Social Media Activity Affect Divorce Outcomes?

Social media can significantly impact divorce proceedings because it can be used as evidence. Posts can reveal information about spending habits, parenting behaviors, or even infidelity. Any photos that show proof of expensive purchases, vacation trips, or inappropriate interactions can be used to challenge claims of financial hardship or parental fitness.

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 Posted on October 10, 2024 in Asset Division

Dividing assets during a divorce is a complicated process, especially when spouses share ownership of a business. The business is often more than just an asset; it is a product of both partners' time, energy, and ambition. As a result, questions about what will happen to the business can bring both practical and emotional challenges. If you need guidance on properly handling your shared business ownership, an Illinois divorce attorney can help you understand your options.

What Are the Options for Dividing a Shared Business?

When both spouses have a stake in a business, there are a few choices to consider during the divorce process:

• Buyout: One spouse may buy the other's share of the business, allowing the buyer to retain full control.

• Co-Ownership: After their divorce, the couple can decide to continue co-owning the business. This arrangement requires a solid partnership agreement and the ability to effectively work together.

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 Posted on October 07, 2024 in Divorce

When finalizing a divorce and child custody arrangements, parents often have questions about how child support affects their taxes. They may wonder whether child support payments are tax-deductible or how child-related tax benefits are divided between parents. These tax benefits can be a significant source of confusion during divorce proceedings, especially because of their impact on each parent’s financial situation. If you are navigating divorce and taxes, a skilled Illinois family law attorney can assist you in managing these financial considerations.

Are Child Support Payments Tax-Deductible in Illinois?

Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. According to the IRS, these payments are intended solely for the child’s needs and do not serve as income for the receiving parent. As a result, the paying parent cannot deduct child support payments from their taxable income, and the receiving parent does not have to report them on their federal or state tax return. This rule ensures that child support remains focused on the child’s financial support without impacting the tax liability of either parent.

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 Posted on October 03, 2024 in Child Custody

Suppose you have been with your spouse for more than ten years at the time of your divorce. When you married your wife, her daughter was only two years old, so you have essentially been the child’s father for a decade because her biological father was a chronic "no-show" during his allotted parenting time. You love the girl you think of as your daughter, yet at the time of the divorce, your soon-to-be ex tells you that since you are not her "real" father, you are not entitled to continue to be a part of the allocation of parental responsibilities.

Although Illinois law does see a stepparent as a significant parental influence in a child’s life, whether you will be allowed to continue to see the child depends largely on the wishes of the child’s parent. Under very limited circumstances, a stepparent could have the right to file for designation as the primary residential parent. Speaking to a knowledgeable St. Charles, IL parental responsibilities lawyer from Goostree Law Group should be your first step in determining what your rights are in this situation.

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 Posted on September 30, 2024 in Child Custody

Awareness of mental health issues has been slowly increasing in America over the past few years. While some parents involved in a tense divorce might throw terms around like "he’s crazy" or "she’s insane," data shows that the number of people receiving mental health treatment has been steadily on the rise in recent years.

This also means there is an increased understanding of what it means to live with mental illness, making those insults much less effective. Yet it can still be extremely distressing if you are accused of being mentally unfit to raise your children. If your ex is doing this to try to reduce your parenting time, speak with an experienced DuPage County, IL family law attorney who can explain your options and guide you forward.

Mental Health and Parenting

According to the National Alliance on Mental Illness, about one in five adults experiences some form of mental illness every year. What that means is that if you are one of the approximately 22 percent of adults with a mental health condition, you are not alone and you are not even unusual. As awareness increases, there is much more knowledge about how mental illness exists on a spectrum.

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 Posted on September 30, 2024 in Property Division

Divorce is a complicated process, especially when it comes to dividing property. Just like the rules of dividing property purchased during a marriage, the laws of dividing property acquired before a marriage may not always be clear. Understanding these nuances can help you protect your assets and prepare for future legal proceedings. To help ensure a fair outcome, an experienced Kane County attorney can guide you through the steps of dividing your property.

Is Property Acquired Before the Marriage Considered Separate?

In most cases, property owned by either spouse before the marriage is viewed as separate property. This means that the assets owned prior to the marriage generally remain with the original owner after a divorce. In Illinois, separate property includes items such as:

• Real estate purchased before the marriage

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