Posted on April 20, 2017 in Asset Division

Most people do not think about retirement benefits or accounts until they need to do so. Young people and couples may briefly mention such things in a prenuptial agreement or other type of discussion before or during their marriage, but too often, retirement is just something to think about in the future. The exception to that rule is during a divorce, as retirement savings and benefits are some of the most commonly disputed assets between spouses. It is extremely important that you understand what you are entitled to receive, if anything at all.

401(k) Accounts

If you have been at the same job for an extended period of time, there is a good chance you are enrolled in either a 401(k) account or an IRA (Individual Retirement Account). Such accounts are generally held to be marital assets (even if they only have one name on them) because, in most cases, they are either acquired or appreciate in value during the marriage. Dividing these accounts during a divorce can be somewhat complex because the rules differ significantly between states. 401(k)s, however, are governed by federal law—the Employee Retirement Income Security Act, or ERISA. Thus, the same procedure applies everywhere.

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 Posted on April 18, 2017 in Child Support

It is common to hear misleading stories about custodial parents using child support money to treat themselves to all manner of luxuries. However, while there are no hard and fast rules regarding what child support can be used for, parents who receive support do have some leeway, and trying to police or micromanage the support you pay may not end well for you.

Requirements Are Nonspecific

There is no law in Illinois that requires recipient parents to account for every penny of child support received. However, the state’s child support guidelines, which are used in most divorces, establish a baseline amount deemed appropriate to keep a child or children in a style comparable to the lifestyle enjoyed during the marriage, and the obligor should be able to estimate roughly what is necessary, and if the child or children are being neglected. Beyond that, it is simply not possible for most parents to account for every penny.

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 Posted on April 13, 2017 in Divorce

Over the past few years, there have been a number of cases in which a divorcing couple disputes the owner of embryos originally intended for in vitro fertilization. Throughout our society, fertility issues and timing are becoming much more common concerns than in past generations. Understandably, this is an extremely personal topic, but it must be addressed because failure to do so may lead to a host of negative consequences for both spouses and certainly for any child born as a result.

Marital Property in Illinois

During an Illinois divorce, marital property is divided under the theory of equitable distribution, meaning that the marital estate is divided as equitably as possible—not necessarily equally. If, for example, one spouse has a significantly higher-paying job, they may receive fewer marital assets or lower spousal support in the divorce agreement, simply because they likely need it less. The concept of equity is interpreted to mean ensuring each spouse has the tools they need to maintain a comparable standard of living post-divorce.

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 Posted on April 11, 2017 in Prenuptial and Postnuptial Agreements

In recent years, an increasing number of couples have chosen to execute prenuptial agreements, or prenups, before their marriages. There are many different reasons for you and your potential spouse to consider a prenup, but all such agreements have the potential to be declared invalid if they are not drafted properly. If you want to be certain that your prenuptial agreement will pass legal muster, there are some things you should know.

Only Certain Issues Can Be Discussed

The major issue that many couples encounter with prenups is trying to address concerns that, by law, cannot be settled until they become relevant, with child support and parenting time being the most common. Illinois prenups are governed by the Illinois Uniform Premarital Agreement Act (UPAA), and it contains a specific list of items about which the parties may contract, including the right to dispose of assets, the right to continue certain arrangements from the agreement in a will or trust, and “any other matter … not in violation of public policy.” Child support is perhaps the most paramount of these.

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 Posted on April 06, 2017 in Mediation

Divorce is a time during which some couples experience serious discord. As such, there are those couples for whom attempting to amicably discuss issues may wind up being more trouble than it is worth. Illinois law permits couples to pursue alternative methods of dispute resolution, and if you and your spouse are looking to avoid a potentially messy courtroom fight, one of these methods may be right for you.

Mediation

Mediation is the most commonly used form of alternative dispute resolution (ADR) in Illinois, due to its relatively low cost and efficiency. While court dockets may be clogged, a mediation may begin as soon as a third-party mediator is located. In Illinois, there are no statewide qualifications for mediators, though certain standards of practice are generally observed. A mediator is not required to hold any specific licensure, though they are required to have at least a bachelor’s degree in a relevant field and be in good standing if they are a member of any professional organizations.

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 Posted on April 04, 2017 in Child Support

Illinois courts calculate child support payments using a state-mandated formula that takes into account a number of factors, but focuses on the supporting parent’s income and expenses. In some circumstances, such as a heavily contested divorce, the parties may present conflicting evidence regarding their respective income. If the court has reason to believe the supporting parent has provided false, misleading, or inaccurate information about his or her finances—or if the parent is intentionally unemployed or underemployed—a judge may “impute” additional income to the parent for purposes of calculating child support.

Bank Records Show Husband Has More Income Than Claimed

Here is an example of how and when a court imputes income. In a recent Illinois divorce case, a wife filed a petition for temporary child support. The couple had three minor children who lived with the wife. In response, the husband filed a financial disclosure statement that stated he had a net income of negative $5,000 per month, meaning that he was investing substantial resources in running his business. While the wife claimed that the family's living expenses were more than $9,000 per month, the judge found neither party especially credible and ordered $6,000 per month in temporary support.

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 Posted on March 30, 2017 in Divorce

Many marriages fail due to financial stress. Even if there are other factors involved, if one or both spouses file for bankruptcy, that may complicate any pending divorce proceedings. The biggest impact, in many cases, stems from the fact that filing for bankruptcy in federal court automatically stays or suspends any pending judicial proceedings involving the debtor. This includes a divorce lawsuit that has already been filed in the Illinois courts.

Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy, a debtor must turn all of his or her assets over to a court-appointed trustee. The trustee then liquidates the assets, subject to certain exemptions, and uses the proceeds to pay back the creditors as much as possible. Any exempt or remaining assets are then returned to the debtor, who receives a discharge from the bankruptcy court.

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 Posted on March 28, 2017 in Domestic Violence

In salons throughout Illinois, hairdressers and stylists have heard it all. They are privy to some of the personal details of their clients’ lives. The intimate relationships they develop with their clients allows many stylists insider information about marriages that may be failing, sexual indiscretions, and other juicy gossip. Due to the nature of their jobs—and the close physical proximity to their clients’ bodies—beauty technicians are often among the first “outsiders” to suspect issues of domestic violence. In some cases, the client may even flat-out say it. Thanks to a new law, stylists and beauticians will soon have the training and tools to help those who have been victimized.

Licensing Requirements

The new law, which went into effect on January 1, 2017, amended the existing statute regarding licensing for barbers, hairstylists, nail technicians, and other beauty professionals. To obtain or renew their state certification, individuals will be required to participate in an “awareness and education” program focused on preventing and identifying domestic abuse. The program was developed specifically for beauty professionals does not purport to make trainees experts on domestic violence. Instead, the program’s goals are to help stylists recognize the signs of domestic abuse and to provide resources to clients who ask for help.

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 Posted on March 23, 2017 in Child Custody

Child relocation is often a touchy subject, especially when parents have already been through an acrimonious divorce. Even when the child already lives with one parent the majority of the time, that parent cannot simply pack up and move the child to another state. Instead, the parent seeking child relocation must seek the other parent’s approval. Failing that, the parent looking to move must file a petition with the court, which the other parent has the right to contest.

Looking Out for the Best Interests of the Child

So how does a court decide whether to permit a child relocation? Illinois law says the paramount concern is always the “best interest” of the child. To help determine this, a judge may look at a number of factors, including the “history and quality of each parent's relationship with the child,” how well the parents have complied with their existing parenting plan, whether the child will have better “educational opportunities” at the new location, and the “presence or absence of extended” family at the new location versus their current residence.

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 Posted on March 21, 2017 in Child Support

Illinois courts weigh a number of factors when allocating parental responsibilities—previously known as child custody—in divorce cases. The ultimate goal is promoting the best interests of the child. These factors include each parent's relative mental and physical health. For example, a judge may take into consideration a parent's alcohol or drug abuse when deciding who the child should live with.

If you have reason to suspect your ex-spouse or co-parent is unable to properly care for your child due to substance abuse, it is important to bring your concerns to the court's attention. You should not, however, make unfounded accusations without proof, nor should you assume that your personal experienced is a substitute for medical evidence.

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