Posted on August 21, 2017 in Child Support

If support orders are issued in a divorce proceeding, they must be obeyed, and there is very little room for equivocation or delay. However, despite the courts’ clear edicts, sometimes they are ignored by the individuals who are required to pay them. When that happens, the recipient can get a court order to compel payment through a few possible means. The most common of these, especially in regard to child support, is wage garnishment.

Definitions and Practices

Wage garnishment is a tool used across the nation when an overdue bill or debt needs to be collected. This is achieved by completing relevant paperwork with the debtor’s employer, and having a portion of the debtor’s take-home pay “garnished,” or held, to put toward the debt.

In Illinois, this is the main tool used to collect overdue and delinquent child support. Since the passage of the Family Support Act, the federal government has mandated that each child support order be accompanied by an order of automatic withholding. This means that most often, a parent’s child support obligations will simply be deducted from his or her paycheck. However, if a parent has no income, or loses their job, automatic withholding ceases to be effective. Garnishment achieves a similar outcome to automatic withholding, but the difference is that it is far more limited in scope than a withholding order.

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 Posted on August 16, 2017 in Divorce

The issue of taxes is often a difficult one during a divorce. Taxes may become especially challenging if both spousal and child support are ordered to be paid by the same party. However, Illinois permits what is referred to as unallocated support or separate maintenance, which can greatly lessen a paying parent’s tax bill while ensuring that their obligations are still met. If you are in a precarious financial situation, it may be to your benefit to learn more about unallocated support.

Tax Burdens on Support Payments

Under federal law, child support payments are not taxable income for their recipient parent, nor are they tax deductible for the paying parent. This is due, in large part, to the fact that federal tax law permits one parent to claim the child or children as dependents for other tax credits. Spousal maintenance payments, however, are deductible by the payer and taxable as income for the recipient. This can create a tax disparity for the payer, because very often, child support in Illinois will total much more than the amount of spousal maintenance.

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 Posted on August 14, 2017 in Paternity

In Illinois, most of the time, paternity is not assumed when a child is born to unmarried parents. In most such cases, it must be affirmatively acknowledged. It is imperative that you understand how the law applies to your situation so that you do not wind up with limited rights to see your children. A failure to acknowledge paternity at the appropriate time can severely restrict your right not only to see them, but to exercise your rights with regard to their lives and welfare.

How to Acknowledge Paternity

The procedure to formally acknowledge paternity differs, depending on whether or not you are married to the child’s mother. If you are married to her, you are by law presumed to be the father of any children born to her during your marriage, unless you complete a Denial of Paternity form at the appropriate time (usually immediately following the child’s birth). If you are not married to her but she is married to someone else, her husband must complete the Denial of Paternity. In addition, both you and the mother must sign a Voluntary Acknowledgment of Paternity. Failure to do so will place the husband by default as the father. If neither you nor the mother is currently married, you must both complete the VAP, but there is generally less of a hurry.

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 Posted on August 11, 2017 in Child Custody

Illinois courts are generally in favor of children having both parents in their lives, if at all possible. However, sometimes a parent is simply not an acceptable choice, for any number of reasons, to have any parental responsibilities. In other cases, a parent actively chooses to relinquish their parental rights. If either situation does become reality for you, there is a procedure in place to terminate your former spouse’s parental rights.

Juvenile Court Terminations

If there is evidence that a parent has been involved in criminal activity, the state can initiate proceedings vie the juvenile court system and the Department of Children and Family Services to terminate parental rights. There are very few situations where an Illinois court will terminate parental rights if another person is not standing in to adopt the child—terminating a father’s parental rights in favor of an adoptive stepfather, for example—but a pattern of criminal activity or proof of child abuse and/or significant neglect is one.

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 Posted on August 07, 2017 in Divorce

A new study from the University of Alberta and Brigham Young University has confirmed once again that divorce is not always an easy decision. Many individuals change their mind—often more than once—before finally deciding to pursue a divorce or stay in the marriage. During the study, 3,000 Americans were surveyed. About 25% of those surveyed reported that they had considered divorcing their spouse. The same group of people were surveyed one year later. Of those who had considered divorce, about half had changed their mind about divorce and were still with their spouse. Co-author of the study Adam Galovan said that “it isn’t uncommon to think about divorce; even if you think about it, it doesn’t mean you will end up there.”

How Considering Divorce Can Lead to a Stronger Relationship

When we think of couples who are considering divorce, we often assume the that relationship is doomed to fail. This is not always the case. Some couples who start talking about divorce begin to communicate more honestly. They are able to talk about the issues in the relationship in a way that they might not have before divorce was on the table. If the couples separate and one spouse moves out—or even just to a spare bedroom—it can be an eye-opener for both spouses. If a couple is considering divorce. there are obviously serious problems in the relationship. The problems could be infidelity, arguments about finances, disagreements about how to raise children, but that does not mean that the relationship should end.

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 Posted on August 03, 2017 in Domestic Violence

Domestic violence is, unfortunately, a constant concern for those in the family court system, as any evidence of wrongdoing must be carefully weighed not only in terms of an acceptable separation agreement but also any acceptable custody arrangement if there are children involved. While abusive parents should not be permitted unlimited or unsupervised access to their children, Illinois courts do prefer to preserve the child’s relationship with both parents if at all possible. This results in a careful balancing of interests.

What Is Abuse?

Illinois defines abuse specifically as “physical punishment, harassment, intimidation of a dependent, or interference with personal liberty or willful deprivation.” Parenting time and the allocation of parental responsibilities, formerly called physical and legal custody, are not automatically granted—especially not to parents with a history of spousal abuse or child abuse. However, Illinois courts tend to favor the idea that children benefit the most when they have both parents in their lives. If need be, judges have no qualms about restricting parenting time or that parent’s ability to make decisions about their children’s well-being, but abuse will only be one factor considered among many.

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 Posted on August 02, 2017 in Divorce

The Holmes-Rahe Stress Inventory marks divorce as the second-most stressful life event a person can endure. It is second only to the death of a spouse. Going through a divorce is one of the hardest things a person can endure. A person had dreams of spending their life with someone, and now those dreams have ended. He or she may now be alone and unsure of what to do next. Many of those undergoing a divorce have intense feelings of loneliness, anger, resentment, sadness, and regret. If you are considering divorce or are already in the process of one, there is no magical way to make it less painful but there are steps that experts say can help you keep your emotions in check.

Think With Your Head, Not Your Heart

Jeff Landers, author of Divorce: Think Financially, Not Emotionally: What Women Need to Know About Securing Their Financial Future Before, During, and After Divorce, explains that during a divorce, one must think with their head instead of their heart. Giving into emotions can lead to rash decisions and regret in the future. Family and relationship professionals tend to agree that there are concrete things you can do to keep a cool head during your divorce and avoid letting your emotions get the better of you.

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 Posted on July 31, 2017 in Child Custody

If you and your spouse have children, it is safe to say that the allocation of parental responsibilities will be a main focus of your divorce proceedings. Many couples can work out parenting plans on their own, but this is not always possible, especially if you and your soon-to-be ex-spouse have vastly different opinions on parenting. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides a list of what should be included in a parenting plan, and it is a good idea to review them before you begin the process of a divorce.

The Court’s Role

A court will have a certain role in solidifying a parenting plan, even if the couple does the bulk of the work in creating it. For example, a rebuttable presumption exists under the law that both parents are fit and no restrictions on parenting time are necessary. This can be challenged by the court if a preponderance of evidence to the contrary can be shown. Illinois courts generally prefer couples to agree on as much of their divorce agreement as possible without judicial intervention, but Illinois courts also cite the child’s well-being as a top priority.

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 Posted on July 29, 2017 in Family Law

Getting married, at least in Illinois, requires more than simply a wish to be together. It requires compliance with all the relevant laws, which includes being of legal age and having no impediment that might prevent a valid marriage from going forward. It does happen, though, that many are unaware of some part of the law or are not aware that some characteristic of the bride or groom actually prevents the marriage from being solemnized. Marriages can either be declared void from the beginning, or they can be voided by a court due to alleged wrongdoing.

Void Marriages

In order to marry, a couple must be able to provide proof that they (1) are either of legal age or have their parents’ consent to marry; and (2) know of no legal impediment to the marriage, such as the bride and groom being related within forbidden degrees. A void marriage occurs when one or both of these conditions are not fulfilled Examples might include one spouse being married already to another or the spouses turning out to be cousins. It is also possible to have a marriage declared void (rather than voidable) if one of the spouses is a minor who does not have their parents’ consent to wed.

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 Posted on July 27, 2017 in Child Custody

In many cases, a family court will be called upon to reach a compromise regarding parenting time between a child’s mother and father. Sometimes, however, a person who is not a biological parent may be entitled to seek visitation rights with the child. Seeking visitation does not necessarily mean it will be granted, and under Illinois law, parents’ decisions regarding visits with their children generally enjoy deference from the courts.

The Decisions of "Fit" Parents

According to the Illinois Marriage and Dissolution of Marriage Act, the state recognizes that a child’s preferred primary caregivers, if they are fit, are the biological parents. The law also allows grandparents (or great-grandparents), stepparents, and siblings to file for visitation if the requirements to do so are met. However, there is a rebuttable presumption that any visitation-related decision made by biological parents with regard to who their children may see is justifiable and will be upheld by the courts.

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