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Recent Blog Posts
Longstanding Alimony Tax Deduction Ends December 31
2019 will bring a significant change to post-divorce life for many Americans, due to the 2017 federal tax reform legislation that will reverse a provision that dates back seven decades. For divorces which are completed on January 1, 2019 and afterwards, individuals who pay spousal maintenance (alimony) to a former spouse will no longer be able to deduct that amount from their taxes, a deduction which has been allowed since the 1940s. Also, individuals who receive spousal maintenance will no longer be required to declare those payments as taxable income.
This modification is expected to add a substantial amount to the U.S. Treasury’s bottom line each year. In 2010, approximately 600,000 Americans claimed the alimony tax deduction, which added up to more than $10 billion.
As a result of this change, which will greatly impact high-net-worth individuals and couples, divorce lawyers across the country say they have seen a noticeable uptick in divorces leading up to the December 31 deadline. The reason for this is simple: there will be less money for families once the new law goes into effect.
Receiving Child Support in Illinois Divorce and Family Law Cases
When an unmarried couple has a child but later splits up, or when a married couple gets a divorce, or when a couple was not in a relationship to begin with, it is typically necessary to set up child support in which one parent makes a recurring payment to the other parent for the benefit of the child. While this is often achieved without difficulty, that is not always the case.
Child Support for Divorced Parents
During the divorce process, child support is one of the most important child-related issues to resolve, along with the allocation of parental responsibilities (formerly referred to as custody) and parenting time (previously called visitation). In 2017, Illinois adopted what is known as an “income-sharing model” for calculating child support, in an attempt to allow children to maintain the same standard of living as they would have if their parents were married.
Should I Get a Prenup?
While you hope your marriage will stand the test of time, there is nothing wrong with planning for the worst-case scenario before you tie the knot. A prenuptial agreement is not an indictment of your relationship or its long-term potential. Instead, it displays a couple’s willingness and vision to account for various important issues if the marriage someday comes to an end. It can be considered an insurance policy to protect both parties.
If you are unsure if a prenup is right for you, here are some examples of types of individuals who should strongly consider crafting one with the help of a skilled family law attorney prior to their wedding day:
Entrepreneurs
If you own a business separately or together, or if you are involved in an enterprise with multiple business partners, a prenup can ensure business interests are not negatively impacted by a divorce. You can draw clear parameters as to who will own what business assets and provide exit agreements if your marriage ends in a contentious manner.
Can Couples Counseling Help Prevent Divorce?
Even marriages that do not end in divorce have their share of struggles. Couples who stay together for years or decades sometimes look back and identify the good times and the bad times. When a couple is experiencing relationship difficulties, they may consider what steps can be taken to save their marriage.
As men have increasingly rejected the emotionally closed-off approach that was common in past generations, marriage counseling has become an effective way to save a relationship. It can also provide a thorough diagnosis of whether a marriage is salvageable at all, or whether divorce is the best choice for a family.
How Effective Is Marriage Counseling?
With more than a quarter-century of research into the topic, the American Psychological Association says that modern couples counseling with the emotionally-focused therapy (EFT) model is now around 75% effective. EFT seeks to change the interaction patterns between disaffected spouses, which can alter emotional responses and strengthen the bond between them.
4 Ways to Be a Good Divorced Parent
No one gets married thinking they will get divorced someday. But when a divorce occurs, former spouses may feel like they are lost in a new, unfamiliar world, and may allow the stress of a divorce to impact how they treat their children, or they may feel that they are involved in a competition for a child’s love now that they do not see them all the time. Sometimes, adults alter their parenting in ways that do not help their children or themselves.
Here are four ways to approach parenting which will protect important parent-child relationships and allow your family to heal from the difficulties of divorce:
1. Do Not Try to Buy Affection
When splitting custody for the first time, it is understandable for parents to want their children to enjoy their time with them to the fullest. Unfortunately, this can turn into a spending war to see who can give the most gifts or plan the most expensive activities. If your ex takes your children to an expensive amusement park or buys them a new gaming system, do not feel like you have to top that the next week. The best thing you can do is provide the stability and support they need and appreciate.
3 Tips for Successful Co-Parenting on Halloween
Halloween is not a major holiday, so it is a day that often is not listed in parenting agreements, but it can be one of the biggest days of the year for young children. Divorced or separated parents should respect what should be a great time for their kids. Here are some ways parents can work together on Halloween, even though they are no longer together:
1. Remember Who Halloween Is For
Halloween is about the kids, not about you. If you are early in the divorce process, and emotions are still raw, you may prefer to step away for the day if you think you cannot handle the situation properly. As with the other holidays, it may be best to divide Halloween between parents on alternating years. If you can participate in Halloween activities together with your children, that is great. If not, do not force it and ruin what should be a good time.
Common Parenting Mistakes to Avoid During Divorce
The end of a marriage is frequently painful for everyone involved, including parents and children. Parents may not always understand the effects that divorce can have on their children. Kids rarely fully grasp the reason for the split, but they may find themselves acting as the middlemen between feuding parents. By the end of the divorce process, many children experience stress and anxiety, and the emotional scars can follow them well into adulthood, and into their future relationships.
If you are planning to get divorced, you can help your child cope with the decision by avoiding these common parenting mistakes:
Do Not Make Your Child The Go-Between
Although you may not want to speak to your spouse, you are the adult in the situation. Do not give your children messages to be passed back and forth with your spouse. Being the messenger puts unnecessary emotional stress on children, and it can negatively impact their relationship with both parents. If you do not want to have a phone conversation with your ex, consider texting or emailing them - find another solution for communication that does not involve putting your children in the middle of a possible dispute.
What Is a Will, and How Can I Create One in Illinois?
For any person over the age of 18, there is no better time than the present to create a Last Will & Testament. Nobody likes to think about what will happen after they pass away, but a Will is a person’s way of ensuring that everything they leave behind (their estate) is handled the way that they prefer.
In the unfortunate event that a person passes away without a Last Will & Testament, their estate (the sum of their assets minus any liabilities/debts owed at that time) will be divided up according to the laws of the state of Illinois, which means the estate may be divided up in a different way from what the person actually wanted.
Whether you want to leave assets to your children or distribute your property to various friends and family members, a Last Will & Testament will ensure that your remaining funds and property are handled the way you wish.
Signs of a Successful Marriage
Even the healthiest and most stable marriages have times of doubt. Feelings of stress and uncertainty arising out of an argument, for example, can lead to one party or both parties questioning if the marriage is one that will last. However, no couple agrees on every minute detail of everything, undoubtedly each of you will go to bed angry at least once, and you will not always do everything together. In many cases, those “tried-and-true” adages your friends and family tell you on your wedding day are unrealistic and can leave you questioning the success of your marriage after any unresolved argument. However, before you consider divorce, review these proven signs of a successful and thriving marriage:
You Have Fun Together
Not every marriage will be the ideal, picture perfect, Hollywood-ready love story one of you or both of you might have expected when you walked down the aisle. The romance and glamor which may have been associated with the dating, engagement, and honeymoon phases of your relationship will eventually fade. However, the relationships of couples who make it a point to spend time together and who enjoy each other’s company frequently last longer than many other relationships.
Answers to Frequently Asked Questions About Child Custody in Illinois
Many of the most significant concerns at the end of a marriage revolve around the future of the children. These worries often become so great that couples frequently stay in a unhealthy relationship to avoid any discomfort that the children may encounter. However, recent studies have shown that children of divorced parents are resilient, and they can often quickly overcome even the most difficult situations. Often, the adults are more frightened than the children due to the adults’ fear of the unknown. To help alleviate those concerns, we will answer some of the more common questions about child custody, which is now legally called the allocation of parental responsibilities in Illinois.
Will Both Parents Get to Spend Time With Children?
Unless the court finds evidence indicating that the children would be in some kind of dangerous situation, both parents are typically allotted parenting time (formerly known as visitation) with their children. A judge will take into consideration the best interests of the children when determining the allocation of parental responsibilities and parenting time.
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