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A Deeper Look at How New Illinois Laws Affect Paying for College

Posted on March 24,2016 in Child Support

college, new law, Wheaton family law attorney A college education is virtually a requirement for a successful career in the twenty-first century, and a divorce does not excuse parents from making every effort to ensure their children receive quality higher education. Illinois law has long provided courts with the authority to require both parents to contribute to the post-secondary educational expenses of their children, and amendments to Section 513 of the newly overhauled Illinois Marriage and Dissolution of Marriage Act outline even more clearly how divorced parents may be ordered to do so.

How and When Divorced Parents Pay for College The first thing the new law on college expenses clarifies is how long parents may be required to contribute to college expenses, previously a point of contention in many cases. The IMDMA now requires parents, when subject to such an order, to contribute to educational expenses until their child’s twenty-third birthday unless “good cause” can be shown otherwise. The law does not define exactly what “good cause” means in this context, but also goes on to clarify that there is absolutely no obligation to provide for educational expenses under any circumstances once the child turns 25.

Other new parts of the law also allow for the early termination of the parent’s responsibility to contribute toward college expenses. As one might expect, there is no requirement to keep paying for college expenses once the child has completed a bachelor’s degree, but the law now also terminates the obligation of the parents if the child marries while still in school. In addition, Section 513(g) also requires students to maintain a “C” average for their parents to contribute toward their schooling expenses, though this requirement may be waived in cases of serious illness or other showing of good cause.

Tax Implications for Spousal Support in Illinois

Posted on March 22,2016 in Child Support

taxes, spousal support, Wheaton family lawyers April 15 is just around the corner, and that means that it is almost time for everyone’s least favorite day of the year: tax day. While many people think that filing taxes is just a matter of reporting the income they earned from their job last year, income taxes can actually become quite a bit more complicated than that, especially if you have been ordered to pay, or are receiving spousal support.

Spousal Maintenance is Considered Income by the IRS

The IRS always considers spousal maintenance received to be income that must be reported when filing taxes. Any person receiving spousal maintenance must also provide their Social Security number to their former spouse as those who pay spousal support may count their payments as a deduction. The IRS uses Social Security numbers to determine who is eligible for the deduction and who must report spousal maintenance as income. Failing to include this information on a tax return may result in a $50 fine.

Receiving a Portion of a Former Spouse’s Pension Through a QILDRO

Posted on March 17,2016 in Divorce

QILDRO, Wheaton Family Law Attorneys Pensions are big money in the state of Illinois. Virtually every public sector employee contributes to one of the state’s 17 pension funds, and almost all police and fire departments have locally administered pension funds. Illinois courts have long held that, in most cases, a pension is marital property that can be distributed to a former spouse in a divorce. However, merely stating that a former spouse is entitled to half of a pension is legally insufficient. The parties must enter a Qualified Illinois Domestic Relations Order (QILDRO) with the court.

What is a QILDRO?

A QILDRO can be incorporated into a marital settlement agreement, or may exist as a separate document. The QILDRO must contain the caption of the divorce case and the name of the pension systems to which the public sector employee belongs. QILDROs can contain either exact dollar amounts or percentages. If the parties opt to include percentages, a separate QILDRO calculation order must be submitted to the court that determines what share of the pension the former spouse will receive.

New Illinois Laws Are Changing Parenting Plan Deadlines

Posted on March 15,2016 in Child Custody

parenting plan, Wheaton family law attorneys On January 1, 2016, the most sweeping changes to Illinois family law in decades went into effect as the legislature amended major portions of the Illinois Marriage and Dissolution of Marriage Act. Attorneys are still grappling with how the law will affect divorce and child custody cases filed in the new year in DuPage County, but it has already become apparent that a few procedural issues still need to be addressed.

Old Approach Left Much Uncertain

Illinois courts have always tried to put children first in divorce cases by encouraging judges to award primary custody in the best interests of the child. However, this has never been an easy task in the early stages of divorce proceedings while the parties are hammering out the details of custody.

The previous version of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allowed for parties to establish custody while the divorce was pending through a series of temporary visitation and custody orders that could require multiple trips to court to extend and enforce. Parents were encouraged to come up with a custody agreement within 90 days of filing for divorce, or the case would be set for mediation. In many counties, the wait for mediation could be several months, leaving the parties in limbo for quite some time.

Uncovering Financial Infidelity in a Divorce

Posted on March 10,2016 in Divorce

financial infidelity, Wheaton divorce attorneys Divorcing couples typically have a lot of contention over money. In many cases, this is the one issue that prevents couples from reaching an amicable divorce settlement and keeps divorce cases in court for years. Usually, there is a great deal of money, property, businesses, or other assets at stake. All too often, the thought of having to cash in these assets to split in a divorce is enough to make one spouse commit financial infidelity.

Financial infidelity is defined as one partner’s secretive act of spending money, having separate credit cards or accounts, or incurring debt without the other partner knowing. In divorce proceedings, it is common to employ an accountant to uncover financial infidelity. On the surface, it may be hard to uncover such behavior, but taking a closer look at certain transactions can shed light on what has been happening behind the scenes. Here are several way in which a spouse can hide assets:

Adoption & Guardianship in Illinois

Posted on March 08,2016 in Adoption

guardianship, adoption, DuPage County family lawyers For children placed in foster care, there can be an intense desire to be placed in a stable home with a loving family. Over the past decade, programs sponsored by the State of Illinois have helped place over 15,000 children into permanent homes. The decision to bring a child into the home is a life-changing decision for a family and the adopted child. Illinois allows for two processes to take place in order to place a child permanently in a home – adoption and guardianship.

Adoption is a legal process through which an adoptive parent assumes all rights and responsibilities of a child in foster care, including the care, supervision, and custody of the child, as if the adoptive parent actually gave birth to the child. Adoption terminates the rights of the birth parent. Adoption can occur through one of four avenues:

Child Custody and Visitation Under New Illinois Law Changes

Posted on February 29,2016 in Child Custody

parental responsibilities, Wheaton family law attorneys

One of the major changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect on January 1, 2016, addresses not only how the law refers to child custody and visitation, but also to how parental responsibilities are to be shared between the parents.

A Shift in Thinking

Under the previous law, parents may have had joint custody or one parent may have had sole custody with the other parent granted visitation rights. The parent with sole custody was responsible for making most or all of the major decisions regarding the child’s life unless the parents had agreed otherwise on some issues. With the new changes taking effect, a parent may be allocated decision-making power over one or more of four primary areas of responsibility. However, the court does not have to allocate both parents such authority. The judge’s allocation of decision-making responsibilities to a parent is still based on the familiar standard of the child’s best interest. A judge’s allocation of these responsibilities, however, only happens if the parents do not have an agreement in place as to how these decisions will be made.

The Basics of Marital and Non-Marital Property

Posted on February 25,2016 in Wheaton Divorce Attorney

marital property, Wheaton family lawyers It has become a common trope in movies and music to portray a wealthy person getting married and subsequently divorced, losing half of his—usually the subject is a man—property to his ex-spouse, regardless of the fact that he owned most of the same assets at the time of the marriage. While such a cliché situation is technically possible under the law in some states, the reality in Illinois is generally much different.

Fair Does Not Always Mean Equal

Property division following a divorce in Illinois can be rather complicated, as the law requires marital assets to be divided according to what is equitable and just. While this could result in a clean 50/50 split, there is no guarantee. Rather the specific circumstances of the marriage, divorce, and expected post-divorce realities must be taken into account to determine the appropriate allocation of assets.

Is It a Move or a Relocation?

Posted on February 23,2016 in Child Custody

relocation, Wheaton family law attorneys As a divorced or single parent, you understand how challenging it can be to provide all the things your child needs to thrive. In an ideal situation, your child’s other parent would also be committed to helping, both financially and as an active participant in the child’s life. But what happens when you want to pursue opportunities that would force you to relocate to a new city or state with your child? Do you have the right to simply pick up and move? As with most issues of family law and coparenting, the answer depends on the circumstances of your particular situation.

Changing Approach

For many years, the laws in Illinois were fairly subjective about moving with your child. While there was no specific prohibition or distance limitations for an in-state move, if the move presented major obstacles to an existing custody or visitation order, it could potentially be challenged in court. An out-of-state move with a child subject to a custody or visitation order statutorily required the other parent’s consent or an overriding court order.

Relationship Red Flags: Is Your Spouse Stonewalling?

Posted on February 18,2016 in Divorce

stonewalling, DuPage County divorce attorneys You and your spouse are never going to see exactly eye-to-eye on everything. In fact, there may be certain topics or behaviors that lead to very strong disagreements and, yes, possibly even fights. Of course, not all fighting is healthy for your marriage, but, when done respectfully and with a purpose, arguing occasionally can help you better understand each other. Sometimes, though, one spouse may shut down, completely blocking all avenues of communication in the face of conflict. There can be many reasons that you or spouse begin to engage in such behavior, often called stonewalling by relationship experts, but if it is not constructively addressed, stonewalling can destroy your marriage.

Two Different Types

Stonewalling can take several forms. Aggressive stonewalling may be used by a more controlling or manipulative partner simply because he or she knows it will upset his or her spouse. By refusing to engage or communicate, an aggressive stonewaller can feel like he or she is control over the situation. Defensive stonewalling, as you might expect, is just the opposite. A spouse who feels threatened or overwhelmed may retreat into him- or herself, unable—and sometimes unwilling—to deal directly with the issues at hand.