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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 Posted on April 12, 2016 in Divorce

When a couple gets married, there is no way to guarantee whether they will eventually divorce. However, there are certain factors in marriages that have been linked to divorce. These factors generally stem from an imbalance of power, outside factors that have a toll on the marriage, and each individual's ability to make rational decisions. Below are a few factors that can mean that a couple is more likely than others to divorce.

How Old Were You When You Married?

Couples who marry before the age of 25 are more likely to divorce than those who marry in their late twenties and thirties. This is because the human brain is not fully mature until about age 25. At this age, the prefrontal cortex, the part of the brain responsible for managing impulse control, making decisions, and learning from past mistakes, is completely formed.

At age 25, an individual's likelihood of divorcing stabilizes. In other words, a couple that married when both partners were 27 is not more likely to divorce than a couple that married when both partners were in their early thirties.

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 Posted on April 05, 2016 in Child Custody

When divorced parents have a parenting time agreement in place, the agreement includes specific times when the child will be with each parent. These guidelines are in place to ensure that the child has a sufficient amount of time with each parent to build and maintain a meaningful relationship with him or her. If one parent continually violates the terms included in his or her parenting agreement, he or she is committing contempt of court and may be subject to civil penalties.

Sometimes, circumstances force parents to cut their time with their children short or run a bit over their designated parenting time. As a divorced parent, you need to be sensitive to these circumstances and willing to be flexible with your child's other parent. That said, you could also face blatant disregard for the court's orders or even an attempt to keep your child from you. Use your discretion to determine whether you need to involve your attorney and the court to resolve parenting time issues such as this.

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 Posted on March 30, 2016 in Domestic Violence

If you feel that you are in danger of being harmed by your current or former partner, yes. An order of protection is a legal order that requires your abuser to stay away from you, with criminal consequences for violating the order. Having one in place can give you the recourse you need if you are threatened or attacked. Your partner or others around you might attempt to sway your decision, telling you that this type of protection is meaningless or unnecessary. But do not listen to them – let an experienced family and divorce attorney determine whether an order of protection is in your best interest.

Are You Unsafe?

This is the most important issue to determine when deciding whether or not to seek an order of protection from a partner. Ask yourself if you feel like you are in danger of being hurt, whether physically, emotionally, mentally, or financially. Domestic violence means more than just physical acts. It can refer to the psychological manipulation of a partner, the restriction of an individual's financial freedom, and emotional or sexual abuse as well. In short, all types of domestic violence have one thing in common: they are an attempt to maintain control over an individual.

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 Posted on March 28, 2016 in Paternity

In 2015, new legislation was passed that overhauled Illinois' existing laws about property division in a divorce, grandparents' rights, and the ways we discuss child custody and parentage. These changes were designed to make the law better reflect today's realities for Illinois families: generally, both parents take an active role in raising their child, and not every family is headed by a heterosexual married couple. This final point was considered as the amendments to the Illinois Parentage Act were written.

Today, the language in the Act is gender-neutral, reflecting the fact that many children today grow up with same sex parents. Other amendments were made this this in mind, such as the circumstances under which an individual is assumed to be a child's parent. Consult with an experienced family attorney to determine your legal rights in accordance with these changes.

Who Is Presumed to Be a Child's Parent?

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 Posted on March 23, 2016 in Alimony / Maintenance

If you currently rely on spousal maintenance payments as a form of income, it is important that you understand your tax responsibilities related to this income. Spousal maintenance, unlike child support payments and property settlements, is taxed. If you do not pay your taxes on the spousal maintenance money you receive, you can face an audit from the Internal Revenue Service (IRS).

Do not enter tax season without a solid understanding of your tax responsibilities as a spousal maintenance recipient. If you are unsure about what you need to do with your taxes this year, contact an experienced divorce attorney to discuss this and other ways your divorce can affect your taxes.

Reporting Your Spousal Maintenance Income to the IRS

If you are a recipient of spousal maintenance payments, you need to report the amount you received, in full, using either Form 1040 or on Schedule NEC on Form 1040NR. Your former partner has to report what he or she paid to you on his or her tax return as well. If either partner does not report the spousal maintenance amount that he or she paid or received, the other partner's return may be used to estimate the unreported amount. The paying spouse must also provide the receiving spouse's Social Security number on his or her tax return. Failure to do so can result in a $50 fee.

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 Posted on March 21, 2016 in Child Custody

Working together with your former spouse to effectively co-parent your children can be difficult. Sometimes, the issues that drove your marriage apart remain unresolved long after your divorce. Other issues might be resentment over how the divorce was settled or how your former partner is conducting his or her life now. Resentment can be a normal emotion, but it should not leak into your co-parenting agreement with your former partner.

Keeping your relationship with your former partner as free of conflict as possible is important for many reasons. As your children grow and face new challenges, like new levels of independence and choices about employment and higher education, you will need to be flexible with your parenting time schedule and expectations for your changing relationship with your child. It also makes it easier for you to look at issues that arise objectively, rather than emotionally. This skill will make it easy to determine whether an issue requires intervention from the court to resolve.

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