Posted on September 02, 2022 in Child Support

Parents raising a special needs child can be fraught with an entirely different set of challenges than raising a child who does not require the extra medical and therapeutic care that special needs children may require. What constitutes a child with special needs varies and can include afflictions and conditions such as Attention-Deficit/Hyperactivity Disorder (ADHD), Autism Spectrum Disorder (AUD), and cerebral palsy (CP). Caring for a child afflicted with cognitive, behavioral, developmental, or physical problems and disabilities can be emotionally taxing and may encumber some parents with financial burdens.

Child support disputes between divorced parents of a child with special needs can easily arise for many reasons. In some instances, the obligee spouse, usually the non-contributing primary caregiver of the child, may need additional support for the child’s medical expenses. The obligee spouse may also rightfully feel that they cannot attain employment outside of the home because of their full-time job as the caregiver. The obligor, or breadwinner, on the other hand, may believe their ex-spouse is manipulating their child’s condition for financial gain. The court considers the best interest of the child to be paramount. A child support attorney adept at financial disputes between parents of a child with special needs can help facilitate a modification.

Continue Reading ››

 Posted on August 24, 2022 in Child Custody

The US Bureau of Census estimates that nearly 50 percent of marriages end in divorce, with the average marriage only lasting seven years. More than 75 percent of divorcees remarry, which explains how 1300 stepfamilies are created daily. According to a Pew Research Center survey, more than 40 percent of American adults have at minimum one step relative, either a stepparent, stepsibling, or stepchild. Adapting to the new circumstances of a parent’s remarriage can be a traumatizing upheaval for a child, especially if the stepparent is difficult or meddling. A biological parent is likely to be alarmed and nerve-racked knowing their child will be under the care of their former spouse’s new spouse, who could possibly mistreat the child. Blended families where both parents have children can also be confusing and chaotic to the child.

If the biological parent suspects the former spouse’s new spouse is harming the child’s wellbeing, parenting time could be revised. A family law attorney can help strategize post-decree modifications to a parenting plan.

Continue Reading ››

 Posted on August 11, 2022 in Divorce

Late-in-life divorce, or divorce after 50 years of age, has doubled since 1990, with researchers forecasting the rate will triple by 2030. Also known as “gray divorce,” a term conceived by the American Association of Retired Persons, late-in-life divorces are prevalent and account for one out of every four divorces nationwide. Spouses choose to divorce after decades of marriage for various reasons, ranging from developing disparate values to shifting retirement goals. A gray divorce can be complex and contentious due to the length of the marriage, familial obligations, or even disputes about retirement savings. A divorce attorney, adept at marital property division and complex finance, can help strategize a late-in-life divorce plan.

Six Common Reasons for Gray Divorces

1. Lifespan – Life expectancy in industrialized countries continues to increase. Longevity may embolden spouses to reconsider their future. With the possibility of leading a healthy life for another 25 years, divorce at 65 years of age after decades of marriage may not seem unreasonable.

   Continue Reading ››

 Posted on August 02, 2022 in Divorce

Traditionally, women have changed their surname to that of their spouse and continue to do so. Some women opt to retain their maiden name after marriage, while others choose to hyphenate their surname with their husband’s surname. After divorce, many may wish to return to their maiden name. The option to change a surname can be included in the divorce decree, which automatically authorizes the name change. However, sometimes the terms to revert to a former name are not included in the final divorce decree either by oversight or intentionally.

Ex-spouses may initially wish to retain their married name for convenience or to continue sharing a surname with their children. They may then find themselves wanting to revert to their maiden name months or even years after the divorce. A divorce lawyer can help facilitate a name change in the divorce decree or long after the divorce is finalized.

Continue Reading ››

 Posted on July 28, 2022 in Child Custody

Preferred pronouns are intended to reflect a person's gender identity. Some individuals wish others to use their preferred third-person pronouns when speaking to or about them. The burgeoning prevalence of children and teens adopting preferred pronouns can sometimes be confusing and even controversial. Joint custody disputes regarding a child's wishes to be referred to with pronouns that do not correspond with the child's sex assigned at birth can be complex. Some parents may believe their child is going through a phase or identity crisis, while other parents choose to respect their child's wishes.

Linguistics aside, the best interest of the child is always at the forefront of the courts. A family lawyer can help guide disputing divorced parents to agreeable solutions that serve the child's happiness and good health.

Standard Pronouns and Gender-Neutral Pronouns

Continue Reading ››

 Posted on July 21, 2022 in Divorce

Funds from a retirement account are often marital assets and subject to equitable marital complex property division. Each retirement account, including private, public, and military, vary in its distribution and division. Illinois law recognizes that retirement accounts have contributions that are either economic or non-economic. This law is especially essential for the non-contributing spouse, known as the alternate payee. Some retirement accounts may be worth more value in the future.

A Qualified Domestic Relations Order (QDRO) is a court order that recognizes retirement funds are marital property. A retirement account and QDRO attorney can help with this type of complex property division.

Two Types of Retirement Accounts

Retirement plans have a Plan Administrator who manages the funds for the beneficiaries and contributors. Although there are many kinds of retirement accounts, each can be categorized into the following two.

Continue Reading ››

 Posted on July 14, 2022 in Divorce

Loyalty programs are popular marketing strategies that businesses use to lure customers. The incentives of reward points, which are often exchanged for products and services, help companies retain customers. These intangible reward points are considered currency and can include frequent flyer miles, credit card points, as well as hotel, restaurant, and retail rewards. As trivial as it may seem, reward points are often contested during divorce proceedings.

Identifying ownership of reward points can be challenging. A divorce attorney who understands the complexities of equitable property division can determine if reward points are marital or non-marital property.

Two Ways Reward Points are Marital Property

Timeline of accrual – Reward points earned during the marriage are deemed marital property. The credit card account holder’s name is inconsequential as long as the accrued reward points occurred during the marriage. Even if the accrued reward points were through business travel or expenses, points from a corporate credit card are marital assets. Although some credit card reward points are not transferable, some offer cash-back benefits. The value of reward points exchanged for goods and services could be estimated and included in the settlement.

Continue Reading ››

 Posted on July 07, 2022 in Divorce

Life circumstances sometimes change, and a divorced parent may need to petition the court for a parental relocation. The relocating parent may argue the move will improve the child's quality of life with opportunities such as a better school system or the parent's career advancement. The other parent may dispute the relocation for legitimate reasons, like economic or health challenges. Or, there could be a spiteful reason, such as the parent contesting the relocation to sabotage the ex-spouse's new life. Parental relocation disputes can be complex, especially when a child custody order needs a modification.

How the child will acclimate to the new environment is a significant concern. Luckily, protecting the child's best interests is a fundamental principle of the court. A family law attorney can help with the challenges of petitioning for a relocation.

Continue Reading ››

 Posted on June 27, 2022 in Divorce

Enduring a divorce can be agonizing, but the seemingly never-ending trauma could be amplified when a spouse refuses to comply with the divorce decree. A divorce decree could include determinations about the division of marital property, spousal support, child support, and parenting time. Sometimes, as stipulated in the divorce decree, an ex-spouse’s main source of income is spousal maintenance. Non-compliance with upholding the financial agreement of the decree could be catastrophic for the contesting spouse and perhaps even lead to destitution. Noncompliance with parental responsibilities and parenting time detrminations could also be detrimental to the child. A divorce attorney can help enforce the court-binding decree through a contempt proceeding.

Continue Reading ››

 Posted on June 17, 2022 in Divorce

Divorce is a life-changing ordeal, but it can be even more emotionally harrowing when it involves a family business. Sometimes the family business is inherited and dates back many years, intensifying the emotional value of the company. Or a family business could be equally, or partially, established by divorcing spouses. For some, family businesses are the sole source of family income. Business goodwill and business valuation need to be determined to decide how to proceed with allocating the property of a family business.

A divorce attorney proficient in business law can appraise a family business and propose solutions. Whether to dissolve the family business, remain business partners, or sell to a third party, divorcing spouses should know their options and rights.

Determining the Property of the Family Business

Continue Reading ››