Category Archives: Family Law

DuPage County parenting plan lawyerOne of the most important things you must come to an agreement about when you get a divorce is how your children will split their time between you and the child’s other parent. In the state of Illinois, all divorcing couples who have children together must come to an agreement on their own about a parenting plan, attend a mediation session to help them come to an agreement or have the judge make decisions about the parenting plan if you and your spouse cannot come to one any other way. A parenting plan will set out the future of your co-parenting relationship and while it is not set in stone, you should aim to include all of the necessary items in your plan the first time around.

Holidays and Other Special Dates

Though the basis of your parenting plan will be dictating when each parent spends time with the child, you should make sure that plan includes different holidays and other special dates that might be fought over. Be sure to include all holidays that you may want to spend time with your child -- not just the major ones. Christmas and Thanksgiving are highly-contested holidays, but if you also want to make sure you get an equal amount of time on holidays like Easter and Valentine’s Day, be sure to write that into your parenting plan.

Travel and Vacations

If you and your spouse know that you each will be going on planned vacations, you should be sure to include provisions about that in your parenting plan. Vacations can disrupt the normal parenting schedule, so you should agree in advance how much time you need to plan the vacations prior to leaving.

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Hinsdale IL high net worth divorce lawyerIt does not matter whether you have $100 in your bank account or all of the money in the world -- divorce is just as tough, both emotionally and financially, whether you are rich or poor. Many people think that couples who have more money tend to have an easier time if they get divorced, but that is not actually true. If anything, these couples experience just as much, if not more stress than couples with fewer assets. High net worth couples getting a divorce have a lot at stake, which is why it can be so emotionally and financially demanding for them. Here are just a few mistakes you should try to avoid if you have extensive assets and you are getting a divorce:

1. You Attempt to Hide Assets From Your Spouse

This mistake is a big no-no. Hiding assets from your spouse is not only rude, but it is illegal. When you enter into the divorce process, you are required to disclose all of your marital assets, which can be anything from checking and savings accounts to retirement accounts to vehicles and jewelry. Bottom line, do not try to hide assets from your spouse and his or her lawyers -- they will find out and you will pay for your actions.

2. You Forget About Tax Implications

Taxes are not something on most people's minds when they are getting a divorce. You are mostly focused on the here and now -- not what you will be paying in the future. Forgetting about tax implications is a costly mistake. Take spousal support for example -- currently, the person who pays it can deduct it from their taxes, and the person who receives it must report it on their taxes. This changes next year though, where the payor cannot deduct it, and the payee does not have to report it. Either way, tax implications can have a role in decision-making during your divorce.

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DuPage County spousal support attorneyThere are a multitude of things to think about when you are getting a divorce -- where the kids will live, which one of you will remain in the family home and how you will transition to single life. If you are like most people, taxes are not very high on your list of priorities. Even so, a divorce can have a big impact on your taxes -- especially in this coming new year. In January 2019, the new tax laws will finally be put into full effect and will mean some big changes for the way divorced couples handle their taxes.

Newly-Divorced Couples Will See an Impact on Their Taxes

The Tax Cuts and Jobs Act, which was passed in December 2017, will go into full effect in 2019. The new tax code will affect about half of all Americans. In the context of divorce, the new law will affect the taxes of those who pay and receive spousal support

This new law will be the first change in 77 years to taxes affecting spousal support. Couples who finalized their divorce before December 31, 2018 will follow the current rules on who pays taxes on spousal support. Couples whose divorces are finalized on or after January 1, 2019 will follow the new set of rules on paying taxes on spousal support.

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DuPage County property division lawyer

Financial infidelity can be stressful in any relationship, but it can become even more stressful in a divorce. Here are a few signs that your spouse may be hiding assets from you:

  1. You find unusual statements in the mail. This one can be the most obvious. If you have been getting account statements in the mail from banks or credit card companies that you are not familiar with, they could indicate that your spouse has an account with them that he or she has not told you about. 
  2. Your spouse is controlling your joint bank accounts. This one could be harder to detect if your spouse is usually the one who takes care of the finances. If your spouse all of a sudden begins being secretive or controlling of your joint checking or savings accounts, it could be a sign that he or she is trying to conceal certain financial actions.
  3. Your spouse has made unusually large purchases. You are probably aware of your spouse’s spending habits. If they are making unusual purchases or very expensive purchases, like cars or jewelry, without your knowledge, they could be attempting to underreport the costs of those items.
  4. Your spouse has opened a custodial account. While this may seem like a responsible and preemptive thing for your spouse to do, it may have happened for the wrong reasons. Opening a custodial account under your child’s name and social security number can allow them to put away money while saying it is for your child.

A Hinsdale, IL Asset Division Lawyer Can Help

When you get a divorce, you will eventually have to divide community assets between you and your spouse. If your spouse has an array of assets that you are on aware of, he or she could be getting much more than his or her fair share. If you have reason to believe that your spouse is attempting to hide assets from you, you need help from a knowledgeable and aggressive DuPage County community property attorney

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DuPage County family law attorneyAs remarriage after divorce has become increasingly common, more blended families or stepfamilies have emerged. According to the United States Census Bureau, over half of all American families were divorced and remarried or recoupled in 2010, which was the last major census year. Nearly 4 million children were living in a blended family or stepfamily in 2010. 

All families face their own challenges, but stepfamilies have a unique set of challenges that can be hard to overcome. Here are a few tips you can follow in order to make your experience in a blended family a good one:

1. Make Sure You Plan Accordingly

Stepfamilies do not form overnight. Ending one marriage and entering another can take months, if not years. You have plenty of time to think through logistics. Before you get remarried, you should make sure that your parenting plan from your previous marriage is sound and acknowledges that you are getting remarried. You should also make sure that if you are marrying a spouse who also has children from a previous marriage that he or she has planned as well.

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