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Tax Season and Divorce: New 2019 Illinois Laws

Posted on February 12, 2019 in Alimony/Spousal Support

Divorce laws can seem daunting for individuals who face the end of their marriage. As of January 1, 2019, Illinois regulations became slightly more complicated as new laws swept across the state and country. One significant alteration to the Illinois Marriage and Dissolution of Marriage Act drastically impacts tax claims on spousal maintenance payments.

Spousal Maintenance and Taxes

Until now, alimony has been tax deductible to the payer and taxable income for the recipient. However, for divorces filed after the beginning of the year, spousal maintenance no longer qualifies as a tax deduction to the paying spouse. Simultaneously, the recipient can no longer claim the payment as a part of gross income. Because of the tax implications, this caused a rush on divorces toward the end of 2018, as experts say couples now have less to split between them because of the law change.

Why is Divorce Mediation Gaining Popularity?

Posted on February 08, 2019 in Mediation

Divorce mediation is quickly gaining popularity and is replacing divorce litigation as the "go-to" method of divorce for many couples. Why? No one wants to spend more time with their soon-to-be-ex-spouse than necessary, right?

Increasingly, that is not the case. Mediation allows divorcing couples to work together to create solutions that work best for their unique circumstances. The decisions are more personalized than those produced by a judge. Mediation also prepares couples for the collaboration needed for successful co-parenting.

Let us take a look at some of the leading benefits of choosing divorce mediation:

You are in Control

When you choose mediation, you and your ex maintain all control of the outcome. Together you decide what is most important and you can create arrangements the way you see fit. A judge is bound to the parameters of the law and does not have time to get to know you on an intimate level to fully comprehend the inner-workings of your family situation. Only you and your spouse grasp that critical information. With mediation, you can create a parenting plan, spousal maintenance agreement, and marital property division arrangement that makes sense.

The Effect of Abuse Allegations on Divorce Proceedings

Posted on February 07, 2019 in Divorce

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Wheaton, IL Divorce Lawyer[/caption]

The divorce process differs depending on if there is a history of child abuse or spousal abuse within the home. These allegations and charges, regardless of their outcome, play a pivotal role in child custody and visitation and spousal support determinations.

If you or your children are in danger of abuse, the most important thing is to get out of harm’s way. If you believe divorce is the right option for you, here is how abuse may affect your proceedings:

Parental Responsibilities

Illinois centers its child custody laws around the idea of what is “in the best interest of the children.” If you are in an abusive relationship and the physical or mental well-being of the child is in danger, it is critical you remove yourself and your children from the situation.

The Division of Retirement Accounts in Divorce in Illinois

Posted on January 28, 2019 in Finances and Divorce

Retirement accounts and pension plans are important issues in Illinois divorce proceedings. In some cases, they are the most valuable asset acquired during a marriage. Even though one spouse may hold the pension, IRA, 401(k), or another retirement fund, this account typically qualifies as marital property.

Marital property is anything acquired during the duration of the marriage, as opposed to non-marital property, which accumulated before the commencement of the union and is not a part of the marital estate. All or part of a retirement account is usually included as marital property and is subject to property division.

Retirement Savings as Marital Assets

Account terminology depends entirely on the type held by the spouse. If the account was an employer-sponsored retirement plan, it likely is a 401(k) or pension plan. Typically, the verbiage used for the division is known as a Qualified Domestic Relations Order, or QDRO (pronounced as “quad row” or “cue drow”). If, however, you or your spouse had an Individual Retirement Account (IRA), a transfer incident to divorce would be the correct terminology.

Understanding Divorce in the Military

Posted on January 24, 2019 in Divorce

There is no doubt military life is very different than the civilian world. Between training schedules, deployments, and frequent relocations, being in the military is not for everyone. On top of all of the pressures our servicemembers and their families face, the military community also deals with a high divorce rate. Members of the military often change over time due to the constant demands, and family members also evolve with the situation. It is not uncommon that after a few years, a couple realizes neither of them is the same person and they are no longer compatible.

If this situation resonates with you, first, know that you are not alone. Here is a look at the differences you face in a military divorce.

The Uniformed Services Former Spouses’ Protection Act

This act urges the military to accept Illinois state statutes for issues such as child support, spousal maintenance, and military retirement plans. Therefore, Illinois has the right to award retirement pay to a spouse or a soon-to-be former spouse. Although it is not guaranteed, the retirement pay can be distributed as either a fixed dollar amount or a percentage of disposable retired pay. To qualify, spouses must meet the qualifications of the “10/10 Rule,” which states the marriage must have lasted at least 10 years, and the service member must have served at least 10 years of the marriage performing eligible military duties.

How Divorce Mediation Protects Children

Posted on January 18, 2019 in Divorce

Divorce is a stressful process no matter what method you choose. While spouses are busy dividing their union into two separate lives, researchers recommend they do their best to make sure any children they share stay atop the priorities list. Although children may say they are fine with the situation, the process is always emotional and confusing. The final result may be a new living arrangement and lifestyle. They will likely miss at least one parent every day, and possibly lose friends at school due to a relocation.

Parents looking for an alternative to divorce litigation will find divorce mediation offers an opportunity to both protect and prioritize their children. Divorce mediation benefits include:

Parents Lead by Example

There are no benefits derived from a child witnessing their parents argue. Although spouses can terminate their marriage, they will always be parents. Divorce mediation avoids the emotional courtroom arguments by allowing both parties to come together and discuss their options civilly. If emotions begin to escalate, they can walk away and revisit the matter once tensions have subsided. Mediation is an excellent chance to teach children a valuable lesson, that no matter what hard feelings may exist, you can put them aside and compromise for the betterment of everyone involved.

Do Grandparents Have Visitation Rights in Illinois?

Posted on January 16, 2019 in Divorce

Grandparents play a pivotal role in family structure. Parents provide for their children, discipline them, keep them safe, and teach them to be functioning members of society. Grandparents, on the other hand, provide unconditional love, wisdom, and a link to family history. Research suggests having a strong grandparent-grandchild connection has long-term benefits. Unfortunately, in some cases, grandparents find themselves unwelcome near their grandchild.

If a parent or parents refuse to allow visitation, do Illinois courts grant grandparents visitation rights?

Child Visitation at Parent’s Discretion

The laws surrounding parenting time and visitation focus on what is in the best interests of the child. In Illinois, the court assumes the parent also has that in mind and does not intend to intervene. Furthermore, the rights of a fit parent are constitutionally protected. It is right of the parents, not the court, to determine with whom their children should interact. Unless the actions of the parent are harmful or otherwise detrimental to the child in question, the courts typically rule in favor of the parent.

Restricting Parenting Time After Divorce in Illinois

Posted on January 14, 2019 in Child Custody

There are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.

When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?

Obstructing Court Order

Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child's physical, mental, moral, or emotional health in a serious manner.

An Explanation of the Father’s Rights Movement

Posted on January 09, 2019 in Family Law

Until recent years, the rights of a father to their biological child largely depended on their marriage to the child’s mother. However, with nearly half of all marriages ending in divorce, much of our society is waiting until later in life to marry, or opting to avoid marriage altogether. The number of unwed mothers delivering children has risen from 4 percent in 1950 to nearly 40 percent each year since 2008, which has left many fathers without rights to their offspring. As non-marital children become a societal norm, more biological fathers are pushing for their natural rights, which has become known as the Father’s Rights Movement.

A Child’s Benefit to Having a Father in their Lives

There has never been a question regarding the bond between a mother and a child. Traditionally, mothers were arguably the most critical person in a child’s life. The mother was caring, supportive, and protective. However, fathers also play a pivotal role in their child’s life. They can also be caregivers, nurturers, and disciplinarians. Studies show children who grow up with a father figure:

Navigate Grief Through Divorce Mediation

Posted on January 07, 2019 in Divorce

Psychological experts agree grief is the emotion most frequently experienced during a divorce, although it is sometimes disguised among its multiple stages. Even the fortunate couples who have an amicable divorce feel grief. Separation often feels like a loss, whether it is losing the relationship, the dream of “happily ever after” they hoped for on their wedding day or even the marital assets accumulated during the marriage.

The various stages of grief can have a significant impact on the divorce process, no matter which route a couple chooses. However, through alternative dispute resolution (ADR) and mediation, intense emotions are both expected and resolved, which allows all parties the opportunity to find peace in a difficult situation.