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How Will the Proposed Illinois Fair Tax Law Affect Married Couples?
When Illinois Governor J.B. Pritzker announced a proposal for his new tax plan in Illinois, he sparked debate throughout the state. Some praised what Pritzker called the fair tax law, saying it would only tax the rich and provide more money for low to middle wage earners. However, others have pointed to a major flaw in the proposal, and those opposed to it say it is going to hurt one more group: married couples.
The Marriage Penalty Under Fair Tax Law
Traditionally, when a couple jointly files their state or federal taxes, they file in separate tax brackets from those that file individually, allowing them to take advantage of tax savings. However, whenever two earners of the same household owe more taxes by filing jointly instead of separately, it is considered a marriage penalty. The new tax law proposed by Governor Pritzker does not provide different brackets that allow couples to reap more savings. Instead, couples are likely to owe higher taxes.
What Should I Do if My Ex-Spouse Will Not Pay the Divorce Settlement?
The property settlement is often one of the most hotly contested aspects of a divorce case due to the financial stakes at play. Giving up a substantial portion of one's wealth is not easy for some divorcing spouses to accept. Most spouses find a way to make peace with this part of ending their marriage, but others go to great lengths to avoid complying with the court's orders or executing the negotiated agreement. Unfortunately, this choice can leave the other spouse in precarious financial straits, so it is important to understand the legal options for enforcing a divorce settlement.
An extreme example of tactics to avoid paying a property settlement is playing out in the divorce case of a former Board of Trade head who spent the holidays in jail for his refusal to pay his ex-wife the $18 million settlement she is owed. While most spouses do not have the means to transfer assets out of the U.S. and live abroad to avoid paying a divorce settlement, the mechanisms to force compliance are the same in all cases, and a spouse who violates the terms of a divorce settlement can face serious repercussions.
How Is Ownership of Pets Handled in an Illinois Divorce?
Every spouse has possessions they value more than others, and if divorce happens, these seemingly small differences will often take on a new significance when negotiating or litigating a property settlement. With most possessions, a level of detachment remains, even if a spouse does have an affinity for it in divorce. The same cannot be said for pets in most households, and many owners view pets as members of the family. Fortunately, Illinois is one of just a few states that has a law addressing the issue of pets in a divorce.
One woman wanted to prevent another occurrence of a sad situation she experienced at the end of her first marriage when her husband used her attachment to the family dog to get her to make concessions during divorce. When she decided to marry for a second time, she included the issue of pets in a prenuptial agreement so there would no question or fight about it if the marriage ended. Resolving this issue is a large concern for many divorcing couples, so it is important to understand how the law applies to these situations.
Who Qualifies as a Legal Parent in an Illinois Paternity Case?
Taking care of a child is a monumental task that involves both physical caretaking and making decisions that impact a child's daily and long-term life. While the specific duties shift over time as the child ages, the responsibilities of a parent never completely go away. Most parents perform these as simply a part of fulfilling this role, and a parent may never stop to consider whether he or she qualifies as a legal parent, or what this designation even means.
The designation of legal parent brings a number of rights and obligations that only certain people are eligible to receive, regardless of the love and care a person may give to a child. Specifically, legal parents are the only adults authorized to make decisions on behalf of the child, particularly those related to education and medical treatment. In addition, only a legal parent is permitted to request access to the child and parenting time in the event of divorce or separation. With all of the non-traditional family structures that make up society today, this status is not the given it was in the past.
How to Modify Child Support in Illinois
Child support is a relevant issue in any divorce that involves children under the age of 18. Once a judge issues an order for child support, that order is legally binding. If child support is not paid, the courts may find the non-paying parent in contempt of court. There are times, however, when a parent has a problem paying their child support payments. In these instances, is it possible to modify a child support order? It is possible, but it is not always easy.
Determining Child Support Payments
In Illinois, child support is calculated based on the Illinois child support guidelines which have undergone major changes in the last few years. Child support was once determined by solely looking at the non-custodial parent's income, with no regard for the income of the custodial parent.
This has changed, with Illinois moving to an income shares model. Under these guidelines, a judge will consider the income of both parents, along with the cost of living and how many children the couple has together. Based on these factors, the courts hold each parent responsible for child support based on their income.
How Do Court-Ordered Therapy and Custody Evaluations Affect Divorce?
The emotional and psychological fallout of separation and divorce can have a major impact on a family. Once the initial shock passes and the legal process is underway, children start to get a sense that the change of divorce is really happening, and they may need extra support to get through the transition. The need for assistance is especially prevalent in high-conflict divorce cases in which both sides seek outcomes diametrically opposed to one another. These situations often involve animosities that are transferred to the children. Studies have long shown that divorce can lead to a wide range of negative and long-term emotional and psychological damage in children if not properly handled.
Addressing the needs of a child going through a divorce is complicated, and parents may require the involvement of multiple adults to provide sufficient support. For children who are struggling and starting to exhibit destructive behavior, such as depression, skipping school, or outbursts of anger, more direct intervention may be demanded. The courts have the power to order two processes that speak to this situation: custody evaluations and counseling.
How Does Dating Affect Child Custody Decisions in a Divorce Case?
Once a married couple decides to split and file for divorce, the inevitable question, sooner or later, is when to move on and start dating again. Dating, in and of itself, presents complications, but when children are added to the equation, their opinions, as well as that of the other parent, may begin to matter.
A parent's choice to begin a new relationship may play a part in decisions about the allocation of parental responsibilities and other divorce-related matters. Even if a parent begins dating after the divorce has been finalized, the other parent may potentially bring this matter before a judge and ask for a modification of the parenting plan. Thus, while there is no legal prohibition against dating, new relationships may have a practical effect on how a court may view certain behavior, and they may influence child custody decisions.
How Are Child Support Proceedings Initiated in Illinois?
Separated or divorced parents have a lot on their plates in terms of providing the emotional and financial support a child needs to thrive. While a physical and emotional connection with parents is integral to a child's development, a court cannot force a parent to have a genuine and meaningful relationship with his or her child. A judge can, however, compel a parent to pay child support, regardless of the quality of the parent/child relationship.
Child support is a right owed to the child, and a parent cannot shirk this responsibility as long as the law recognizes the person as the child's legal parent. Further, the type of relationship the child's parents have with one another, whether it be as husband and wife, live-in girlfriend/boyfriend, or former partners who were never married, has no bearing on the legal parent's ongoing obligation to provide support until the child reaches the age of 18.
Should I Try to Keep the Marital Home in My Divorce?
Divorce rocks the finances of every couple, including those with higher incomes and assets. Weathering the fallout of the loss of a combined income and the division of marital assets is one of the hardest adjustments any divorced person must make. Knowing which assets to take and which are better off relinquished or sold is not easy, especially when factoring in the emotional attachment spouses form over certain items. However, finding the right balance is the only way most divorced individuals have a realistic chance of recovering from this financial shift. The marital home is the largest physical asset most couples own, and it often looms large in the property settlement process.
Equitable division is the rule that governs property division in Illinois, which means the court will look for a fair division of assets, but not necessarily an equal one. Under this system, a spouse may be required to argue why he or she should receive a certain asset. When addressing the marital home, specific questions should be asked before making a strong stance in favor of keeping this property.
Does a Criminal Conviction Affect Divorce?
The end of a marriage can occur for a wide variety of reasons – from the somewhat innocuous and slow-developing issue of growing apart to extreme acts of betrayal and violence. Most couples are somewhere in the middle, but a legitimate question may arise when one spouse is convicted of a crime, and the other spouse must choose whether to continue the marriage or use this event to justify divorce. Depending upon the circumstances of the criminal conviction, the repercussions on the integrity of the marriage can be significant, and spouses may wonder what impact the conviction will have on the outcome of divorce.
Unless a person comes into a relationship with a criminal history, spouses typically do not anticipate this possibility nor necessarily know how to respond if it does happen. A recent example of this conundrum involves the marriage of a man accused of kidnapping and killing an international student at the University of Illinois Urbana-Champaign. His wife filed for divorce recently, citing irreconcilable differences and no possibility of reconciliation in her petition.
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.
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