Posted on December 03,2024 in Divorce

Since most divorces are complex in one way or another, the last thing you may want to think about is taxes. Unfortunately, like other subjects you would prefer not to think about, settlement negotiations must factor in the tax implications and how your divorce could alter your tax situation.

As if tax issues were not enough, divorced individuals tend to have a higher rate of tax audits. This is because forensic accountants often expose hidden assets and undisclosed income during a divorce. Following a divorce, the IRS has three years to audit your marital finances, although this time period can be extended to six years if there are discrepancies over 25 percent or fraud seems likely.  

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 Posted on November 26,2024 in Divorce

It can be difficult to determine whether problems in the marriage caused one spouse to turn to drugs or alcohol or whether a drug and alcohol addiction led to the end of the marriage. While some divorce issues are very straightforward, substance abuse is one that can be a fairly gray area. After all, an overwhelming majority (62 percent) of American adults drink alcohol, while 38 percent abstain entirely.

So, if most adults drink alcohol, the question becomes, "How much is too much?" Marijuana is now legal recreationally in 24 states, including Illinois; as a legal drug, how is the amount smoked even quantified? Prescription drugs can be bad when they are not taken as prescribed, and, of course, there are illegal drugs like cocaine, heroin, methamphetamine, and more. Is your spouse truly an addict? Is that your assessment, or would that be the general consensus?

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 Posted on November 22,2024 in Allocation of Parental Responsibilities

Illinois has changed the term "custody" to refer to the allocation of parental responsibilities. Visitation is now parenting time, and the parent with primary custody is now the primary residential parent. While the terms have changed, the goal remains the same—to ensure that everything concerning a divorcing couple’s children revolves around the best interests of the child.   

What each parent wants will have little impact on a judge. He or she is concerned with allocating parental responsibilities to ensure the child’s interests are best served. While this all sounds civil enough, the portion of divorce that deals with children is often the most contentious, drawn-out battle of the entire divorce.  Because of the emotions involved in divorce, parents can lose sight of what is best for their children.

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 Posted on November 21,2024 in Allocation of Parental Responsibilities

During the allocation of parental responsibilities, either the parents or the judge will likely determine that the parents will jointly make major decisions for their children. This is separate from the determination of parenting time and parental responsibilities. "Major decisions" usually include those regarding education, religion, and healthcare. Education and religious decisions tended to be more contentious in the past, but today, healthcare may take the top spot for disagreements between co-parents.

Illinois law tries to prevent these disagreements by requiring parents to make a detailed, legally binding parenting plan. Unfortunately, not every disagreement between co-parents will have the solution spelled out in the parenting plan. New issues will almost certainly crop up as the children get older. If you are in a disagreement with your ex regarding a healthcare decision for your child, speaking to a knowledgeable Oswego, IL parental responsibilities attorney from The Law Office of Matthew M. Williams, P.C. can be beneficial.  

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 Posted on November 15,2024 in Division of Property

Many spouses are stunned when they find out during their divorce that the property, gift, or inheritance they believed was their separate property turns out to be a marital asset, thanks to commingling. If a person owns a home or other property, has an inheritance, or has amassed a sizeable bank account before marriage, these assets belong to that spouse alone unless they have been commingled.

Commingling occurs when a separate asset is mixed in with marital assets, changing it into a marital asset, subject to division. Suppose one spouse owns a home that was left to him or her by great-aunt Ruth. If the spouse who owns the home adds the other spouse to the title, it immediately becomes marital property. There are other, less obvious, and often unintentional ways property can be commingled.

Even without placing the other spouse on the deed, if marital funds are used to make improvements to the property, at least a portion of the home becomes marital property. If the other spouse works on the home extensively, at least a portion of the home becomes marital property. If one spouse is given a gift or inheritance before or during the marriage, the presumption is that it is separate property unless it is commingled.

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 Posted on November 12,2024 in Divorce

Virtually every couple has some level of conflict during a divorce. After all, there was likely conflict that led up to the divorce and the emotions and stresses of a divorce can escalate conflict. Couples argue about a myriad of issues, some important and some not as important. Either way, the arguments can be fierce, whether a couple is arguing about the allocation of parental responsibility or who should get the garden gnome in the front yard.

A high-conflict divorce seems destined to never, ever allow an agreement between the spouses without a full-blown argument preceding it. If you are facing off against a high-conflict spouse, you already have some experience dealing with him or her from your marriage. Or, perhaps you never really learned to deal with the tactics employed by your spouse, finding yourself responding in the same manner.

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 Posted on November 05,2024 in Allocation of Parental Responsibilities

We all want the best for our children. In the process of a divorce, you may want to actively remain in the child’s life while you discuss parenting time with your ex. You may also fear that an existing criminal record will threaten your ability to spend time with your child. A parenting plan is not a black-and-white document. There are several different considerations in how a judge will rule, but having a compassionate Aurora, IL divorce lawyer in your corner will help you determine what is best for your family and the children involved.

Weighing a Criminal Record in a Parenting Plan

In divorce proceedings in Illinois, the courts are obligated to rule in the child’s best interests. This does not automatically mean that a felony or misdemeanor on your record will prevent you from seeing your child. Convictions that occurred a long time ago, especially for non-violent offenses, are less likely to hurt your standing in the eyes of a judge. Under state law, both parents are presumed to be fit and entitled to reasonable parenting time unless it is shown that the parent would "seriously endanger the child's physical, mental, moral, or emotional health" if he or she remained in the child’s life.

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 Posted on October 31,2024 in Parenting Time

While it is generally presumed that both parents can provide supervision and care for their child, there are certain circumstances that may warrant supervised parenting time. Particularly for younger children, explaining supervised parenting time can be difficult. The best interests of the child always take precedence over what the parents want in Illinois family courts – although the two may overlap.

While liberal parenting time with both parents is the ideal, there are times when this just is not possible. If you believe your ex should only have supervised parenting time with your child, it will be up to you and your lawyer to prove the reasons for that in court. It is beneficial to have a highly experienced Aurora, IL parenting time lawyer to help you determine what is best for your child and then present it to the court.  

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 Posted on October 25,2024 in Allocation of Parental Responsibilities

Perhaps your divorce has been over and done for months or even years. You and your ex have learned to at least tolerate one another to co-parent your child, and things generally go fairly smoothly. You have primary residential custody of the child, while your ex has liberal parenting time. While your agreement is not strictly 50/50, it is close. Then, one day, your boss tells you that you are being transferred to another state.

You have worked hard for many years to get to this point in your career, and the transfer is a promotion with a substantial salary increase. Even better, you will be close to your parents and other extended family members, and the school your child will attend is a definite upgrade. Unfortunately, when you bring up the situation with your ex, he becomes angry and basically tells you, "No way."

At this point, you become angry as well because he is refusing to see how important this job transfer could be for your career – and how good it could be for your child as well. If you are in a similar situation and have reached a stalemate with your ex, it is time to speak to a North Aurora, IL parenting time attorney from The Law Office of Matthew M. Williams, P.C..

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 Posted on October 22,2024 in Allocation of Parental Responsibilities

Having a child is usually a happy occasion for both parents. When a child is born during the marriage, the husband is presumed to be the biological father. What happens when this presumption of paternity is challenged? What if the wife admits to her husband that she had an affair during the marriage and the child is not his biological child?

In some instances, the husband and wife may have been separated at the time of the conception and then decided to remain in the marriage. If the wife then realizes she is pregnant and that the baby does not belong to her husband, this creates a complex situation.

Whether you are the biological father, the husband defending your right to be legally deemed the child’s father, the husband denying the child is yours, or the mother fighting on either side of the issue, you need experienced legal assistance. Having a Batavia, IL paternity attorney help you resolve this issue can help remove some of the anxiety and stress from the situation.

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