Beginning the Process of Child Relocation in Illinois

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Relocating to a new home for work is complex when divorced parents share custody of a child. This is because Illinois has strict regulations regarding the processes parents must follow when moving with a child. As such, the very action intended to benefit yourself and your child – a promising employment opportunity – may be complicated by the allocation of parental responsibility and parenting time set forth in your court-ordered divorce decree.

In some cases, your former spouse may be supportive of work-related relocation, even if it has support and custody-related implications. In other instances, however, the two of you may not agree about modifications to the allocation of parental responsibility when attempting to initiate child relocation. In times like these, it is essential to have experienced legal representation.

Relocation is a Question of Distance

If you were divorced in Illinois, provide your child’s primary residence, and are moving to a new residence in the state less than 25 miles from your current residence for work-related reasons, you do not have to worry about revisiting the existing allocation of parental responsibility ordered by the court in your divorce.

If, however, your move is of 25 miles or more from …

Dealing With Divorce Tax Issues in Time for the IRS Deadline

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With the IRS tax filing deadline coming up later this month, it is time for recently divorced or soon-to-be divorcing spouses to become acquainted with the tax implications of divorce. While child support payments do not have any tax implications (that is, they are not tax-deductible for the paying parent, and they are not considered taxable income for the receiving parent), spousal maintenance (alimony) payments do. Whether you are paying or receiving spousal maintenance in Illinois, you need to account for it on your taxes.

Spousal Maintenance Is Tax Deductible for the Payor

If you are currently paying spousal maintenance to your ex-spouse, know that these support payments are tax deductible. As such, you may end up being required to pay less taxes than expected. Awareness of such positive tax implications should allow you to better plan your finances, whether you are budgeting in the short-term or saving and investing for the long-term.

Spousal Maintenance Is Taxable Income for the Recipient

If you are currently receiving spousal maintenance from your ex-spouse, know that the support payments constitute taxable income. Because of this, you may end up being required to pay more taxes than expected. Anticipating and accounting for this …

Recognizing the Effects of Stress During Divorce

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When your marriage is falling apart, you are likely to experience a great deal of emotional difficulty as you struggle to decide whether your relationship can be saved or whether it is best to end the marriage and move on. While making the decision to get divorced can bring some measure of relief, the actual process of divorce can be incredibly stressful as you work to separate your life from your ex-spouse and deal with the various legal issues which must be settled.

As you work to complete your divorce, it is important to pay attention to the effects that stress can have on your health and well-being. Here are some of the common effects that stress can have on both your body and your mind:

  • Anxiety and depression – Uncertainty about the future and worries about finances can cause anxiety to those who are going through divorce. In addition, the major life changes you will experience, such as moving to a new home and adjusting to spending less time with your children, can result in feelings of depression.
  • Insomnia – The stress of divorce, as well as changing schedules, routines, and living situations, often cause people to have difficulty

When Can Parental Responsibility be Allocated to One Parent?

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In most circumstances, it is in the best interests of a child’s parents to share the allocation of parental responsibility (formerly known as child custody) following divorce. This is a “two hands are better than one” philosophy, with former spouses, even after divorce, working to share resources and balance work and family responsibilities in a way that supports the child’s education, health, and well-being every bit as much as if the parents were still married and living together.

Parental responsibility is typically shared when a divorce is as harmonious as can be expected, with parents collaborating to create a parenting plan in compliance with state law, and sometimes even when a divorce is filled with acrimony and collaboration is difficult. There are, however, some circumstances in which it is in the best interests of the child for parental responsibility to be solely allocated to one parent.

A History of Violence, Abuse, or Neglect Is Relevant to Child Custody

With the “best interests of the child” being paramount in the allocation of parental responsibility, it is important to identify certain behaviors that are not in the best interests of the child. Among these behaviors – all factors at issue in a …

Ensuring a Fair and Equitable Division of Assets During Divorce

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No couple expects their marriage will end in divorce when they first get married. The beginning of a marriage is a typically a time of peak trust and solidarity, with spouses willingly assuming the roles believed to contribute to a happy and successful union, “Until death do us part.” However, it is important for both spouses to understand their rights, especially when it comes to ownership of the assets they have acquired over the course of their marriage.

Even in a society that is gradually becoming less gendered in matters of economic opportunity, it is still common for one spouse to assume the role of income earner, and the other the role of stay-at-home parent. In such an arrangement, a knowledge gap may come to exist with regard to the marriage’s income, assets, liabilities, investments, and other financial information, with the income-earning spouse handling most financial matters and the stay-at-home parent focused on crucial parenting responsibilities, such as the education, healthcare, nutrition, and transport of the children.

When the unthinkable happens and the marriage ends divorce, the stay-at-home parent must suddenly close this financial knowledge gap, prepare for life as both a parent and manager of finances, and ensure that …

Using Discovery to Uncover Hidden Income and Assets During Divorce

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Planning for life after divorce is tough enough, even when there are no child custody and support matters to address, and both spouses will continue on in their careers without interruption after the marriage’s dissolution. Divorce takes an emotional toll even in circumstances where the decision is mutual and there is no animosity. Many divorces, however, are rife with tension and disagreement over financial issues, including the division of marital assets, spousal support, and, when there are children involved, child support.

In obtaining the fair and equitable distribution of assets required by Illinois law, as well as in securing the spousal and child support you need and deserve, the legal process of discovery is instrumental in uncovering income or assets which a spouse may intend to hide from the asset division process.

Illinois Divorce Law Utilizes a Principle of Equitable Distribution

When divorce occurs in Illinois, the state utilizes a principle of “equitable distribution” with regard to a marriage’s income and assets. An equitable distribution is not necessarily an equal division, but is defined broadly as the division of property in “just proportions.”

Some assets of a spouse, especially those obtained prior to marriage and kept separate during marriage (e.g., …