Posted on June 13, 2017 in Divorce

When a marriage is clearly headed for divorce court, sometimes one or both spouses will resort to practices that are not strictly acceptable; some may even be unlawful. Hiding assets is one of the most common of these practices, but its commonality does not make it easier to spot. Some spouses are very successful at hiding assets with other people or in alternate accounts, but there are ways that you can discover such actions and obtain some manner of restitution.

Full Financial Disclosure Is Required

Illinois law demands both spouses provide a full accounting of all marital and non-marital property once divorce proceedings have begun. At the beginning, it can be easier for assets to be hidden, especially by the spouse that governs the household finances, but the discovery process, where both spouses must provide financial records and other documents, can make that much more difficult even if someone does not make a full disclosure. Forensic accountants can trace expenditures through transactions that can otherwise look innocent, and discovery is the time when it is easiest to pick up the proverbial trail.

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 Posted on June 08, 2017 in Paternity

In this day and age, the marriage rate has dropped to a fraction of what it once was in our parents and grandparents’ day, but this does not mean that people are not in family relationships. Many couples have simply chosen not to marry legally, for a variety of different reasons, but they still share assets, and they still, at least in theory, share responsibility for any children they may have. Some parents, especially fathers, find themselves shut out of their children’s lives, but these fathers do have rights. It is up to them to try and obtain custody or visitation or to adjust support payments if they can prove the need.

The Right to Assert Paternity

In Illinois, when a child is born in a hospital or birthing center to unmarried parents, the parents will be given what is referred to as a Voluntary Acknowledgment of Paternity (VAP) form. One of the most common and most costly errors that many unmarried fathers make is in thinking that once they execute a VAP, they have visitation or custody rights. This may be the case in other states, but in Illinois, no such rights exist until a court order is entered that establishes them directly.

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 Posted on June 06, 2017 in Mediation

The divorce rate is higher than it once was, and court dockets around the country reflect this reality. As such, some couples are seeking other methods by which to settle their divorce quickly and amicably, and mediation has emerged as the most common in recent years. While it is not for everyone, there are multiple advantages over going to court that can benefit many couples, and the process is generally worth some consideration.

Clear Advantages

Perhaps the most notable advantage to mediation is the ability to begin relatively quickly. Court appearances can drag on or even take a long time to begin depending how crowded a court’s docket may be. To commence mediation, the only thing required is a mediator, though each side may still wish to retain their own attorneys. Illinois mediators are required to adhere to certain standards and practices, as well as to complete training courses totaling at least 40 hours, but there are enough trained mediators in Illinois that it should not be difficult to find one.

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 Posted on May 31, 2017 in Family Law

In early May 2017, Illinois announced the opening of the statewide ABLE Act Program, billed as a life-changer for those with disabilities. The Achieving a Better Life Experience Act, known as the ABLE Act, was passed by the federal government in 2014, and states were given the opportunity to develop an appropriate program to administer the infrastructure. Illinois’s took some time to complete, but at this point, the program is open and able to receive applications. Naturally, one might wonder if applying is worth the effort. The answer is going to depend on your individual situation, especially if you or another person has guardianship over your disabled loved one.

The Program

Normally, in order to receive Supplemental Security Income (SSI), you must show that you have very few assets of your own, and your total net worth must remain under $2,000. However, as costs of living have risen and insurance companies have cut back on the coverage they will provide, such a limit is not tenable for many, especially families, who may need that supplemental income. For example, it is not uncommon for a disabled person to marry, and then promptly lose their benefits. This happens because his or her spouse’s income is counted among their own assets, as that person’s income is counted among his or her spouse’s assets. Such outcomes are patently inequitable.

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 Posted on May 29, 2017 in Divorce

Divorce causes changes in multiple areas of a person’s life, but one that is often overlooked is a spouse's tax bill. Regardless of the time of year when you divorce, your next tax return is likely going to be affected by such a profound life change. You will likely lose certain exemptions and deductions, but you may also gain some. The important thing is to ensure an active role in how your divorce decree is written, so you can have as much control as possible over the tax consequences for both you and your ex-spouse.

Alimony and Child Support

Perhaps the most unpleasant surprise for so many is the tax consequences of alimony and child support. While the parent with the majority of the parenting time will be granted child support in all but the most unusual Illinois divorce cases—child support is a duty owed to the child or children, not to the ex-spouse—alimony or spousal support is a different matter. To determine whether such payments are warranted, the court will consider a host of factors, such as the income of both parties, the amount of support given during the marriage if one spouse had to leave the workforce for some reason—including giving birth or obtaining an advanced degree—and the actual current needs of each spouse.

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 Posted on May 25, 2017 in Divorce

During a divorce, the general advice from friends and experts is to avoid dating, especially if you have children. It can present a distraction from proceedings, and in some cases, can actually wind up affecting the asset distribution of your marital estate or your ability to receive spousal support. Even after your divorce is final, it is a good idea to tread carefully in terms of getting back on the proverbial horse.

Dating During Can Be Messy

There is no legal prohibition of dating during divorce proceedings. However, it is frowned upon, especially if there are children involved, because it can provoke strong feelings, especially if you are the one who instituted proceedings. To a hurting ex-spouse, dating so soon can seem like flaunting a new relationship in their face, and they may look to make you pay for it, so to speak. It is not uncommon to hear of soon-to-be ex-husbands and ex-wives deliberately drawing out proceedings or complicating asset division solely to inconvenience their spouse, even if it means they might pay more in attorney’s fees.

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 Posted on May 23, 2017 in Divorce

More and more people are pursuing a divorce at relatively later stages of life for a variety of reasons. However, even if you are young, it is, nonetheless, a good idea to take steps to understand retirement accounts and Social Security payments, because one day, you may need to use them, divide them with your spouse or ex-spouse, or both. You can also ask an experienced attorney for assistance.

How Social Security Works

During one’s working lifetime, taxes are withheld from each paycheck, some of which are used to pay into Social Security. When that person reaches the appropriate age, that money is used to help support him or her, as a way of giving back what a person has put into the system. Because of this, a person’s eligibility for Social Security is based, among other factors, on how many “work units” they have worked over their lifetime. If one has accumulated 40 units—roughly 10 years’ worth of work, which does not have to be continuous—and he or she is over 62 years old, they are generally eligible to receive Social Security payments.

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 Posted on May 18, 2017 in Alimony/Spousal Support

If you get a divorce in Illinois, and you have children, you will almost certainly be required to pay child support if you are the parent with less parenting time. It is the policy of the state that children are owed support from both of their parents if at all possible, so that right is not vested in either you or your spouse. You may or may not be asked to pay spousal support, also called maintenance, depending on the specifics of your case. Whether you are required to pay one or both, however, it is possible to request a modification to both of these payments if it is deemed appropriate.

Child Support Changes

Child support may be modified every three years without any other cause, or it may be modified when there is a “substantial change in circumstances,” most often due to a change in the supporting parent’s income. While every judge will define “substantial”’ differently, the law does stipulate a minimum standard—specifically, a deviation of at least 20 percent (but no less than $10 per month) from the existing order. Judges are not required to order child support strictly according to statutory guidelines, but if they do not, they must enter a finding regarding why the guidelines were not appropriate.

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 Posted on May 16, 2017 in Divorce

While many Americans work for large companies, more and more are starting their own businesses—and for a variety of reasons. However, taking on this responsibility can mean extra headaches if you and your spouse ever wind up in divorce court. A business is an asset—in most cases, a marital asset—and like any other property acquired during the marriage, it must be valued and apportioned in accordance with the law. It may not be necessary to divide the business itself, but some manner of arrangement must be made that is equitable to both spouses.

Equitable Distribution and Asset Division

When left to the court to decide, asset division in Illinois is governed by the principle of equitable distribution. In other words, the state’s policy in divorce cases is to divide all marital property as fairly as possible. This means that unlike in community property states, the marital assets will not necessarily be divided equally; instead, they will be divided in the fairest method possible. If one spouse makes significantly more than the other, for example, the higher-earner may receive fewer marital assets because they have the means and the capital to acquire more.

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 Posted on May 11, 2017 in Alimony/Spousal Support

Despite the beliefs of many, spousal support—also called maintenance—is not a given in Illinois divorce cases. It must be shown affirmatively why such payments would be necessary, with all the attendant proof. It is also not to be confused with child support, which is a duty owed to the child, not the former spouse. The rationale by which many judges order spousal support may seem confusing, but it can be better understood if one examines the wider picture in a divorce context.

Multiple Factors Determine Awards

The relevant statute on spousal support in Illinois states that it may be awarded, without regard to marital misconduct, after the court has examined and weighed all the relevant factors as to whether or not an award is appropriate. Most of the time, if maintenance is granted, it is to remedy a deficiency in one spouse’s earnings or earning potential. For example, if one spouse was the primary breadwinner during the marriage, and the other stayed at home to raise the children, the homemaker spouse will be more likely to receive maintenance because he or she has been out of the workforce for years and may need to refresh their training or knowledge.

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