Posted on October 07, 2024 in Divorce

When finalizing a divorce and child custody arrangements, parents often have questions about how child support affects their taxes. They may wonder whether child support payments are tax-deductible or how child-related tax benefits are divided between parents. These tax benefits can be a significant source of confusion during divorce proceedings, especially because of their impact on each parent’s financial situation. If you are navigating divorce and taxes, a skilled Illinois family law attorney can assist you in managing these financial considerations.

Are Child Support Payments Tax-Deductible in Illinois?

Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. According to the IRS, these payments are intended solely for the child’s needs and do not serve as income for the receiving parent. As a result, the paying parent cannot deduct child support payments from their taxable income, and the receiving parent does not have to report them on their federal or state tax return. This rule ensures that child support remains focused on the child’s financial support without impacting the tax liability of either parent.

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 Posted on October 03, 2024 in Child Custody

Suppose you have been with your spouse for more than ten years at the time of your divorce. When you married your wife, her daughter was only two years old, so you have essentially been the child’s father for a decade because her biological father was a chronic "no-show" during his allotted parenting time. You love the girl you think of as your daughter, yet at the time of the divorce, your soon-to-be ex tells you that since you are not her "real" father, you are not entitled to continue to be a part of the allocation of parental responsibilities.

Although Illinois law does see a stepparent as a significant parental influence in a child’s life, whether you will be allowed to continue to see the child depends largely on the wishes of the child’s parent. Under very limited circumstances, a stepparent could have the right to file for designation as the primary residential parent. Speaking to a knowledgeable St. Charles, IL parental responsibilities lawyer from Goostree Law Group should be your first step in determining what your rights are in this situation.

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 Posted on September 30, 2024 in Child Custody

Awareness of mental health issues has been slowly increasing in America over the past few years. While some parents involved in a tense divorce might throw terms around like "he’s crazy" or "she’s insane," data shows that the number of people receiving mental health treatment has been steadily on the rise in recent years.

This also means there is an increased understanding of what it means to live with mental illness, making those insults much less effective. Yet it can still be extremely distressing if you are accused of being mentally unfit to raise your children. If your ex is doing this to try to reduce your parenting time, speak with an experienced DuPage County, IL family law attorney who can explain your options and guide you forward.

Mental Health and Parenting

According to the National Alliance on Mental Illness, about one in five adults experiences some form of mental illness every year. What that means is that if you are one of the approximately 22 percent of adults with a mental health condition, you are not alone and you are not even unusual. As awareness increases, there is much more knowledge about how mental illness exists on a spectrum.

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 Posted on September 30, 2024 in Property Division

Divorce is a complicated process, especially when it comes to dividing property. Just like the rules of dividing property purchased during a marriage, the laws of dividing property acquired before a marriage may not always be clear. Understanding these nuances can help you protect your assets and prepare for future legal proceedings. To help ensure a fair outcome, an experienced Kane County attorney can guide you through the steps of dividing your property.

Is Property Acquired Before the Marriage Considered Separate?

In most cases, property owned by either spouse before the marriage is viewed as separate property. This means that the assets owned prior to the marriage generally remain with the original owner after a divorce. In Illinois, separate property includes items such as:

• Real estate purchased before the marriage

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 Posted on September 24, 2024 in Divorce

No-fault divorce has played an important role in family law for many years. Instead of requiring spouses to convince the court that there are reasonable grounds to let them get divorced, a couple can say they have irreconcilable differences and start the process. By enabling couples to end their marriages because they are not happy together, without needing to prove that anyone did something wrong to the other, the entire process of dissolving a marriage became smoother.

However, a movement in the country has been working to change that. This article will explore what it would mean if no-fault divorce came to an end in Illinois. If you have more questions about this, speak with a skilled St. Charles, IL divorce lawyer who can answer them.

What Does No-Fault Divorce Mean?

Some couples want to split up for specific reasons: If one spouse had an affair, developed a debilitating addiction, or was caught hiding money or otherwise acting dishonestly, most people would not blame the other spouse for wanting to end the marriage.

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 Posted on September 20, 2024 in Divorce

While the concept of divorce is familiar to most people, there is a lack of knowledge about the various options available. Many people, especially those who have never been through a divorce themselves, have seen a high-conflict divorce play out in a movie or TV show. In these stereotypical scenes, the spouses do everything in their power to punish and hurt each other. They try to keep as much property, assets, and parenting time for themselves in an attempt to leave the other with nothing or as little as possible.

You might be surprised to learn that many couples manage to end their marriage without this dynamic playing any part. While there are several options for lower-conflict divorce, including collaborative divorce and mediation, this article will explore an interesting alternative known as uncontested divorce. Speak with a knowledgeable DuPage County, IL divorce lawyer to learn more.

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 Posted on September 20, 2024 in Adoption

Divorce is often a stressful experience to go through. As a couple navigates the division of assets and allocation of debts that is an important part of a divorce, you are probably wondering who will be responsible for paying for the credit card debt that your spouse amassed. A seasoned Kane County, IL debt division attorney can review your case and offer valuable guidance.

How Does Debt Division Work in Illinois?

Illinois follows a model of equitable distribution in divorce. That means that all the assets as well as debts that were acquired during a marriage are divided fairly, not necessarily equally, between the spouses. However, with debts as with assets, there is a differentiation between marital debt and separate debt.

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 Posted on September 17, 2024 in Property Division

With cryptocurrency becoming more popular, it is increasingly included in divorce proceedings. Since it is a relatively new asset category, it can raise interesting questions about equitable asset division in an Illinois divorce. If you or your spouse own cryptocurrency, speak with a qualified Kane County, IL divorce lawyer to understand how it could be divided in divorce.

Determining the Value of Cryptocurrency

The state of Illinois differentiates between marital property and separate property. Any savings, investments, property, and other assets you had when you entered the marriage are generally considered exclusively yours. On the other hand, anything either of you acquired during your marriage is generally defined as marital property and subject to an equitable division during divorce.

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 Posted on September 17, 2024 in Child Custody

In this day and age, content creation is so common that it is almost strange not to have your own channels. Some influencers - children and adults alike - have as large a following as famous singers and movie stars. When popular influencers’ posts are combined with affiliate marketing, sponsored content, and subscriptions, serious money can be made.

For some children, a fun casual interest in creating online content can turn into a profitable career very quickly. However, parents of minor children who appear in paid online content need to know the laws regulating their work. A new law recently enacted in Illinois requires you to compensate your children when they appear in money-earning posts. To learn more about how this could impact you, speak with a knowledgeable DuPage County, IL family law attorney.

What Are Parents of Child Influencers Obligated to Do?

Amendments to Illinois’s Child Labor Law now require parents to pay their children if certain conditions are met, including:

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 Posted on September 12, 2024 in Family Law

Although "prenuptial agreement" is a well-known phrase that many people have heard, there is a great deal of confusion about what it means. Often, it comes up in TV shows portraying a couple about to get married when suddenly the wealthy fiance's family issues an ultimatum, telling the other fiance to sign the prenup "or else." 

Thankfully, the truth can be far less dramatic. Prenuptial agreements are practical documents that act like a contract, where both fiances are given a clear understanding of how financial matters will be handled in their marriage and in the hypothetical event of a future divorce. If you are wondering whether a prenuptial agreement is a good idea for you, contact a knowledgeable Wheaton, IL family law attorney to learn more.

The Benefits of a Prenup

One main reason people sign a prenup is the peace of mind it provides by dispelling the misconception that they will end up with nothing in a divorce. Married couples often merge their finances to some degree.

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