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Signs Your Spouse is Lying About Money During Your Divorce
Getting divorced is as much a legal and financial process as it is an emotional process. Undoing the financial entanglement characteristic of a marriage relationship can be confusing, complicated, and often, exhausting. Spouses' financial circumstances play a massive role in the division of marital property and debt, child support, and spousal maintenance determinations.
So, what happens if a spouse lies about his or her assets and income during divorce? If the other spouse does nothing to assert his or her rights, the answer may be that the deceptive spouse gains an unfair financial advantage during the divorce. This is why it is important for divorcing spouses to be vigilant for signs of financial deception.
Hiding Assets to Shield Them from Division During Divorce
How Can You Get Alimony in an Illinois Divorce?
If you are getting divorced in Illinois, you may be interested in learning about alimony laws. Alimony, also called spousal support or spousal maintenance, is financial support a spouse is ordered to pay the other spouse after the divorce. For many spouses, divorce creates a serious financial burden. This is especially true when a spouse has limited employability because he or she is disabled or was a homemaker or stay-at-home parent prior to the divorce. If you are worried about your ability to make ends meet without your soon-to-be ex-spouse's income, you may want to seek financial assistance in the form of spousal support.
Three Main Legal Avenues for Receiving Spousal Maintenance in Illinois
Alimony is not guaranteed. In fact, most divorce cases do not involve a spousal maintenance award. There are three main ways that a divorcing spouse receives alimony:
- A valid marital agreement – Prenuptial agreements often specify the terms of spousal maintenance. Spouses may also reach a spousal maintenance agreement in a postnuptial agreement or an agreement after the marriage has taken place.
What Happens If a Parent Has More than One Child Support Obligation?
Child support is a means of splitting child-related costs between unmarried and divorced parents. If you or your child's other parent already has a child support obligation, you may wonder how this obligation will affect any future child support obligations. You may be worried about your ability to afford two child support payments each month. Conversely, you may worry that you will not receive the child support you and your child need. Read on to learn about Illinois child support laws and how child support payments are handled when a parent has children from more than one relationship.
Understanding Illinois Child Support Calculations
Illinois changed the way the state calculates child support in 2016. Presently, Illinois uses the Income Shares Model to determine how much a parent pays in child support. The parent with less parenting time is the payer or “obligor,” and the parent with the majority of parenting time receives child support. The amount of money a parent must pay is calculated using both parent's net incomes.
When Can a Grandparent Request Visitation Rights for a Child in Illinois?
Divorce may seem like an isolated family issue, but it can also affect extended members of the family, such as grandparents. It has been a trend in the United States for grandparents to contribute significantly to child care and helping parents raise their children. In many cases, a retired grandparent may act as daytime child care for a child whose parents work during the day. Especially in these relationships, the bond between a grandparent and grandchild can be strong and essential to the child's well-being. In some cases, grandparents in Illinois may be able to request visitation with a child after the child's parents divorce or split up.
Requesting Visitation for a Grandchild
When it comes to family matters such as these, things can be sticky when parents disagree with grandparents. Illinois law states that grandparents are only allowed to request visitation if the child's parent has “unreasonably” denied the grandparent the right to spend time with the child, and the denial has caused the child physical, emotional, or mental harm. The law does not define what “unreasonable” denial is, but it does state that all parents who are deemed fit are presumed to be acting in the child's best interests if they refuse to allow a grandparent or other family member to spend time with the child. Unfortunately, this is not always true. Sometimes, a parent may use their child as a pawn against a grandparent or have some other bad faith reason to deny visitation.
How Can a Lifestyle Analysis Benefit Me During My Illinois Divorce?
The property division process can be one of the most important aspects of a divorce for many people. Many of the decisions you make while dividing your assets can affect your life for years to come. This is why it is so important for you to have an accurate understanding of your financial situation. Before you start dividing your property, your attorney will typically conduct discovery, which means he or she will request any and all financial information from your spouse. However, this does not mean that your spouse will comply or be truthful about their assets and debts. One of the things you can do to ensure that you receive a fair share of the marital assets is to create a lifestyle analysis.
Understanding a Lifestyle Analysis
When you and your spouse begin your divorce, you will both be asked to fill out a financial affidavit, which contains information about your finances, such as your income and expenses. However, many people simply use estimates on these forms, which does not really give a person an accurate picture of their financial situation. A lifestyle analysis helps to paint that picture. The analysis will contain extensive information about your income, expenditures, tax obligations, and other financial information. A divorce financial analyst will use the lifestyle analysis to build a monthly budget for you that takes all relevant factors into consideration.
How to Let Your Child's Other Parent Know About Your Vacation
With summer in full swing, you may be thinking about taking a fun trip with your kids. However, if you recently got divorced and have a child custody order to follow, it can make things a little more complicated. To avoid mishaps, be sure to plan ahead and keep your child's co-parent in the loop.
Reviewing Your Parenting Agreement
If you share custody of your kids with your ex, it is a good idea to look at the parenting agreement before taking your children on vacation. Look for information regarding holidays and taking trips with your kids. The document may address important questions, such as how much notice you have to give the other parent and how long of a trip you can take. If you are having difficulty understanding some of the terms in your parental agreement, do not hesitate to talk to your Illinois family lawyer.
Discussing Your Travel Plans with Your Ex
What You Need to Know About Divorce Mediation in Illinois
If you have decided to file for divorce, you may be nervous about going to Court and battling with your spouse. However, if you opt for mediation, you may not have to go through all of that stress. During mediation, you and your spouse will attempt to resolve major issues in your divorce with the help of a mediator. The process can help you save money, time and heartache.
Things You May Not Know About Mediation
Although mediation has long been an available option for divorcing couples, there are still many misconceptions about it. Here are several facts about mediation you might not know about.
- Mediation does not require couples to get along. A big misconception about mediation is that it is only intended for divorcing couples on good terms. Although it would be ideal if both partners got along well, it is not required. During the process, the mediator will focus on helping you and your spouse make compromises rather than argue about every little thing. As long as the spouses can work toward a resolution, mediation can be effective.
What is the Right of First Refusal in an Illinois Parenting Plan?
Every couple going through a divorce with children must make child custody arrangements for their children before they can complete the process. Your parenting plan must contain information about how you and your spouse will split parenting time and share decision-making responsibilities. Parenting time is often a tough issue for parents during a divorce. Many parents do not want to give up spending time with their children. One of the ways parents can spend a bit more time with their children is by crafting a well-thought-out “right of first refusal” clause in the parenting agreement.
Understanding the Right of First Refusal
There are fifteen different elements that must be addressed in the parenting plan per Illinois law. One of the provisions you must include is a description of how and when parents may invoke the right of first refusal. The right of first refusal gives a parent the opportunity to care for their child before the other parent takes the child to an alternative care provider. For example, if a mother cannot watch the child on her assigned day, she must contact the father to see if he can watch the child before calling a babysitter. The right of first refusal is a right that both, one, or neither parent may have, depending on what would be in the child's best interests.
Do My Spouse and I Meet the Requirements for a Joint Simplified Dissolution?
Much of what people know about the divorce process stems from movies, TV shows, and what they have seen in the media. While this can provide a general idea about divorce, these on-screen divorces are usually much more dramatic than is necessary. In many cases, there is some sort of disagreement or tension between the couple, but this is not always the case. Some couples agree on getting a divorce long before they ever begin to seek legal help. Contested divorces can be stressful for everyone, especially when they drag on for months or years. Couples who agree on all issues may have the option to file a joint simplified divorce in Illinois, which could help make the divorce process a little easier.
Determining Eligibility
While a joint simplified dissolution of marriage can be much more favorable to some couples, not all couples will qualify for this type of divorce. Before a couple can file a joint simplified dissolution, they must ensure that they meet all requirements for this process. A couple can only use the simplified dissolution procedure if:
What if My Ex-Spouse Disagrees With My Plans to Relocate With Our Child?
After a long and stressful divorce, finally receiving that piece of paper with the judge's declaration that you are no longer married can be a sigh of relief. However, if you have children, you will never truly be able to be completely free from your ex-spouse. Even after you have settled everything, come up with your parenting plan, and received your divorce decree, you may still have to work out certain issues with your spouse in the future. For example, there are restrictions on where and how far a parent can move with their child without notifying the other parent and the court of the move. If you notify your child's other parent of an impending move, and they object to your planned relocation, you will then have to take extra steps to ensure you comply with state laws.
Notify the Other Parent and Try to Work Out an Agreement
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
110 N. Brockway Street, Suite 220, Palatine, IL 60067
847.873.6741
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