Category Archives: Uncategorized

Workers' Compensation Part of Income for Support PaymentsIllinois divorce courts consider workers’ compensation benefits and personal injury damages much the same way as other properties. They are marital property if they originated during the marriage. Any compensation awarded before or after the marriage is non-marital property. Determining which status applies can be crucial because injury compensation is often lucrative:

  • Workers’ compensation covers medical costs and gives periodic payments to replace lost income due to temporary or permanent disability; and
  • Personal injury compensation is usually a lump sum but can be more valuable than workers’ compensation because it includes pain and suffering.

Even when injury compensation is not a marital property, it can still affect spousal maintenance and child support payments.

Spousal Maintenance

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Logistics of Equal Parenting Time in ActionAs discussed in our previous post, a group of Illinois lawmakers and parental rights activists are trying to change the state’s stance toward equal parenting time. The proposed legislation would instruct courts to presume that a 50/50 division of parenting time is in the best interest of the children unless the parents can prove otherwise. The change could result in an increase in the number of 50/50 parenting agreements that courts approve. However, what are the logistical consequences of equal parenting time? There are ways that such a division changes how parents construct their agreements.

Parenting Schedule

An equal division of parenting time requires a more complex parenting time schedule than with a more traditional agreement. The parents can use:

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What the Equal Parenting Time Law Would Mean in IllinoisA proposed bill in the Illinois House of Representatives has brought the debate over 50/50 parenting time arrangements to the forefront of family law discussions. The bill would create a legal presumption that it is in the best interest of children that parents have an equal share of parenting time after separation. Illinois courts currently presume the opposite when left to determine the division of parenting time. If passed, the law would be considered a win for fathers, who are less likely to receive a majority of parenting time when the time is unevenly divided.

Default Position

There is a consensus amongst parents and family law courts that children are best served when both parents are an active part of their lives. The disagreement is over how much parenting time each side needs to be an effective parent:

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Ways Divorce Will Change Your BehaviorDivorcing parents are told to watch for signs of emotional regression in their children. The stress of the divorce can cause some children to revert to behavior patterns that parents thought they had gotten past, such as:

  • Thumb-sucking;
  • Bed-wetting;
  • Crying to express their emotions; and
  • Separation anxiety.

Teens can react in various ways that range from being rebellious to being overly compliant. However, adults getting a divorce may not realize that they are also experiencing emotional regression. The effect is often temporary but can do lasting damage to their relationships with others.

Heightened Emotions

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How Divorce Affects Tax Filing Status, DependentsThe alimony deduction for federal income taxes has been in the spotlight this year because of looming changes to the federal tax law. As previously discussed, divorcees who finalize their divorce after December 31, 2018 will no longer be able to claim the spousal maintenance they pay as a tax deduction or be required to report payments they receive as taxable income. Child support payments are already treated in this way. People with existing divorce agreements or who finalize their divorce before 2019 should be able to continue using the alimony deduction (in which the payor is allowed to deduct alimony from their taxable income, and the recipient must report alimony as taxable income) indefinitely, although the long-term consequences of the new law are still unclear. However, there are other ways in which divorce affects how you file your taxes.

Filing Status

Your tax filing status may change if you are newly divorced or in the process of getting divorced. Whether you file as single or married will depend on when you divorced:

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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