Posted on February 27, 2019 in Child Support

Illinois calculates the percentage of child support that each parent owes based on their comparative net incomes. The parent who earns a greater income will pay a proportionate share of the child-related expenses. However, child support can be more complicated when one of the parents has an income that varies by month, due to:

• Working overtime;
• Receiving bonuses; or
• Working for a commission.

Extra pay is part of a parent’s net income but usually not included in the child support calculations. How do you ensure that your co-parent is paying a fair amount of child support when he or she cannot give a consistent monthly income? There are three methods of dealing with this:

Continue Reading ››

 Posted on February 20, 2019 in Guardianship

Your parents may reach a point in their old age that they are no longer able to make decisions about the important matters in their lives. Ideally, you will prepare for this possibility with them by creating a power of attorney for healthcare and finances. If you do not have these documents, you can request adult guardianship for a parent. If granted, the guardianship will allow you to manage your parent’s finances and decide how to proceed with medical treatment and living arrangements. However, you must consider the potential consequences before applying for adult guardianship:

1. Will Your Parent Contest It?: It can be infuriating for an adult to cede the ability to make his or her own decisions. Your parent may have enough self-awareness to fight your attempts to take control of his or her life. Of course, this does not mean that your parent is mentally fit, but you may end up in a bitter court battle to obtain guardianship. Your parent may feel humiliated by the evidence that you present to prove that he or she needs a guardian. No matter the court’s decision, your relationship with your parent may be strained.

   Continue Reading ››

 Posted on February 13, 2019 in Divorce

Whether you are in the middle of a divorce or have already finished, your first Valentine’s Day after leaving your spouse can be emotional. Seeing other couples celebrate the holiday can make you feel lonely – not for your spouse but for the relationship you have lost. Valentine’s Day does not need to be a depressing event for you. With the right approach, you can find other ways to enjoy the holiday.

What to Avoid

It is wise to not treat this Valentine’s Day as a romantic holiday by going out on a date. If you are in the process of divorce, spending money on a romantic evening could be construed as you wasting marital assets or showing that you do not care about your divorce. If your divorce is complete, you must consider whether you are emotionally ready to start dating again. In general, you should avoid:

Continue Reading ››

 Posted on February 05, 2019 in Child Custody / Allocation of Parental Responsibilities

Teenagers are more capable of complex thinking than younger children because of their growing maturity. Thus, it makes sense that a teenager’s reaction to a divorce may be more complicated than with his or her younger siblings. In some cases, your teen may surprise you with how well he or she reacts to the news. However, it is also common for teens to become depressed, angry, or rebellious. Though your divorce can distract you from your parental responsibilities, you cannot wait until it is over to address the issues that your teen may be having. Here are three tips for helping your teens during your divorce:

1. Communicate With Them: Teens are already inclined to spend more time with their friends than their family. Your divorce makes it likely that they will turn to their friends in order to escape the stress of family life. It is good for them to have that social outlet, but they still need you to be a guiding presence in their lives. Your teen’s friends may not know the correct way to react if he or she starts behaving dangerously, such as showing increased interest in drugs, sex, or violence.

   Continue Reading ››

 Posted on January 28, 2019 in High Asset Divorce

The elimination of the alimony tax deduction has rightfully received the most attention amongst the recent changes to the federal tax laws. Not being able to deduct your spousal maintenance payments from your federal taxes is changing how divorcees negotiate their maintenance. However, changes to tax deductions related to real estate could affect whether you want to keep a home or other real property after a divorce. People in high-asset divorces may have fewer tax deductions available to them.

Tax Deductions

One of the goals of the federal tax reform law passed in 2017 was to simplify the tax code. The standard deduction for a single filer increased from $6,000 to $12,000, but many other deductions were reduced or eliminated, including:

Continue Reading ››

 Posted on January 23, 2019 in Divorce

Attorneys often advise clients that legally separating from your spouse is an unnecessary step if you are certain that you will be getting a divorce. You must negotiate the same financial and parenting issues as during a divorce without being free of your marriage. However, some spouses find themselves going through an informal separation period before they formally file for divorce. Living apart may help them feel certain that getting a divorce is the correct decision, even though it means dragging their feet on starting the divorce process. There are several ways that you can prepare for your divorce while separated from your spouse:

1. Find a Lawyer: You should start by consulting with a divorce attorney to learn more about the process. An attorney can explain what you are allowed to do during your separation and what will happen if you start your divorce.

   Continue Reading ››

 Posted on January 15, 2019 in Parenting Time (Visitation)

Parents normally understand the importance of each of them having parenting time after a divorce. It is a legal right that each parent is presumed to have, and the children benefit from the regular contact and relationships they form. However, what should parents do if a child refuses to visit one of them? Teenagers can insist on their right to decide which parent they spend time with, not thinking that it would violate a legal agreement. Both parents are responsible for solving any conflicts related to parenting time.

Right to Parenting Time

You can force your child to attend your parenting time, but he or she is likely to be miserable if he or she does not want to be there. You should ask your child why he or she does not want to visit you. You may need to ask specific questions if your child does not give you a clear answer, such as:

Continue Reading ››

 Posted on January 04, 2019 in Divorce

Getting a divorce is taking a big step out of the familiar and into the unknown. While you may have felt some comfort in your marriage, you realized that ending your marriage was a healthier choice for yourself. However, you may not find the better life you were hoping for if you stay inside your comfort zone following your divorce. Repeating the same patterns and routines will keep your life mostly the same as during your marriage. Here are four tips for leaving your comfort zone after your divorce:

1. Seeing a Therapist: You must identify the personal tendencies that hold you back in order to break free of them. A therapist is not required in order to do this but can help with the process. By talking about yourself to someone else, you can better understand the insecurities and fears that hinder your willingness to change. A support group could be another place for you to talk, as well as receive advice from other divorcees.

   Continue Reading ››

 Posted on December 29, 2018 in Business and Divorce

Going through a divorce can be perilous for your business, particularly if it is a smaller, family-run business. Some owners have seen the value of their business drop or lost control of it because of the consequences of the divorce process. It is important to work with your divorce attorney on protecting your business during the divorce and allowing it to thrive afterward.

Marital Property

You may need to fight for ownership of your business during your divorce negotiations. Your business is marital property if you created it during your marriage or used marital assets to invest in it. A business that predates your marriage can be nonmarital property, though the amount that the business increased in value during your marriage can be a marital asset. You have several options when your business is part of the equitable division of property. You can:

Continue Reading ››

 Posted on December 21, 2018 in Parenting Time (Visitation)

Your children will have many questions about your divorce, some of which may be difficult for you to answer. Some questions have obvious answers, such as “Do you still love me?” and “Is the divorce my fault?” There are other questions that you may not have immediate answers to, such as “Who will I be living with?” You can assure your children whatever parenting time decision you make will be in their best interest. The trickiest question is the big one: “Why did you get divorced?”

Preparing for the Question

You know that your children will ask about the reason you got divorced. Unfortunately, you do not know when or where they will ask the question. Your initial reaction could have a major effect on how future conversations on the subject will go. You should decide how honest you want to be with each child. No child wants to hear salacious details about your marriage, but children who are at or near adulthood may be able to handle more of the truth. The main points of your answer should be that:

Continue Reading ››