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If you are considering or in the process of divorce and there are kids involved, you also need to think about the tax consequences of different options regarding maintenance, child support and parenting time. To be sure, there exist some important tax considerations that may apply to divorced or divorcing parents and their children.
Filing Status
The first tax consideration to think about is your filing status. As you probably know you file your taxes during the April after the previous tax year. The key time and date to look at is December 31 at 11:59pm. If you were married at that date and time during the previous year then you need to file either “married filing jointly” or “married filing separately.” If you were divorced by then, then you can file “single” or “head of household.” You are still married until the judge issues the divorce decree. This is an important consideration and you may want to plan the date of your divorce with this in mind.
Divorce can be a long and difficult process, but some divorces are longer and more complicated than others. One of the simpler and (usually) less time-consuming kinds of divorce is an uncontested divorce.
What is an Uncontested Divorce?
Divorces are either contested or uncontested. An uncontested divorce is a divorce where the parties agree on the property division, child custody and support, and other important matters. Contested divorces require the court to make some decisions on behalf of the couple because they cannot come to a decision themselves. An uncontested divorce is usually faster because the couple does not have to go through the discovery and hearing process in court and the papers can just be filed. A judge has to approve the divorce either way, but with an uncontested divorce it generally takes less time.
Do I Need a Lawyer for an Uncontested Divorce?
Sometimes the news will report on celebrities who are getting married and speculate on their prenuptial agreements. Premarital – or prenuptial – agreements may seem like something that only wealthy people need to worry about, but in reality prenuptial agreements are an important legal tool all individuals can take advantage of. Indeed, there are numerous reasons that many couples may wish to craft a prenuptial agreement before getting married, regardless of their wealth.
Communication
Coming together to draft and sign a prenuptial agreement is a way to make sure that you are starting the marriage on the same financial foot together. Prenuptial agreements force couples to communicate about money, which can be one of the most contentious parts of a relationship.
Protection
Even if a couple does not possess a significant amount of assets, a prenuptial agreement can help protect a lower earning partner. If both people agree that one person should quit their job to stay home and raise the children, a prenuptial agreement can make sure that the person who stays at home is not adversely affected by this decision that the couple made together. Taking time out of the workforce can lead to drastic financial consequences and a prenuptial agreement may be the best way to make sure that both parties bear some of the burden of one spouse taking time away from work.
In many cases, one parent is ordered to pay child support to the other upon completion of (or during) the divorce. However, sometimes the payor parent does not pay the child support that he or she owes, based on certain circumstances. There are many consequences for failing to pay child support and it is important to understand these if you have a child support obligation in the state of Illinois.
Child Support Enforcement Program
The Illinois Department of Healthcare and Family Services' Division of Child Support Services has a Child Support Enforcement Program. This program monitors child support payments and can help step in if a parent alerts the agency that he or she is not receiving the mandated child support payments. The Child Support Enforcement Program will either begin collection activity against the payor parent or, if the parent that owes money collects public assistance, it will take the money directly from that parent’s public assistance benefits.
If you have a disabled family member or other loved one, you may wonder whether he or she needs a guardian. Illinois law provides a way for the court to appoint guardians for some disabled people. Ultimately, it is important to understand who may be eligible for guardianship and what guardians do.
Is My Disabled Family Member Eligible for a Guardian?
Not every disabled person needs or can get a guardian. Guardians are appointed when a person with a disability is unable to make or communicate responsible decisions regarding their estate or personal needs. Many disabled people are very capable of making their own sound decisions, and therefore are not eligible for a guardian. However, individual mental deterioration, physical incapacity, mental illness, and developmental disabilities can make someone unable to make decisions themselves. This also sometimes happens during the aging process. Ultimately it is up to the judge whether an individual needs the protection of a guardian.
For many divorcing couples, retirement plans are one of the largest assets they have. Pensions and defined contribution retirement plans are generally subject to division during the divorce. That means that if a couple is married when benefits accrue, then the benefits should be considered in the division of property even if it will be awhile before the benefits are actually paid. This is one of the most complex subjects in asset division. For specific answers for your situation, contact a knowledgeable property division attorney.
General Rule
The Illinois Marriage and Dissolution of Marriage Act governs property division during divorce. Courts require that assets be split equitably, which does not necessarily mean equally. Generally, the benefits earned during the marriage are split between the couple. However, with some plans, especially pension plans, this can be a more difficult calculation than it may seem.
Divorce cases can go on for years, but sometimes decisions need to be made before the judge issues a final order. In many cases, the court has the power to issue temporary orders for cases that are still in progress. One situation in which the court will sometimes issue temporary orders arises during a divorce when one spouse needs spousal maintenance (also known as spousal support).
Situations Where Temporary Spousal Maintenance is Ordered
As more women have entered the workforce, and there are more dual-earner couples, spousal support has become less common. However, sometimes spousal support is still warranted, and a need for immediate spousal support is even more common since many times one spouse needs time to get on their feet before they can be financially independent.
In terms of temporary maintenance before the final divorce order, there are two general circumstances in which the judge will order it:
The Huffington Post recently published an article titled “Four Things You’re Likely Doing That Will Eventually Kill Your Marriage.” The illuminating piece includes advice from three different Illinois therapists and psychologists. All of the professionals quoted in the article were trained at the Gottman Institute, an organization that provides research-based training to family and couples counselors. Indeed, these professionals provided advice and the potential relationship pitfalls that may sabotage a marriage.
Criticism
The therapists cite criticism as one of the toxic behaviors that can doom relationships. They make clear to differentiate criticism from complaint. Complaint is an issue with a behavior that someone is doing, while criticism focuses on who the person is. Instead of criticizing, the professionals recommend thinking about what is really bothering you and what you actually want from your partner. They advise phrasing your criticism as things that you wish your partner would do. This way your partner understands that something is bothering you, while at the same time knowing that it is something that they can change, instead of something inherent about them.
So you have gone through the long and arduous divorce process, custody has been figured out, property has been divided, so now it will be smooth sailing, right? Not necessarily. Sometimes, even after all the paperwork is finalized and a court order is in place you may need assistance to enforce the order. There are a few different circumstances where you may need the assistance of skilled post-judgment enforcement attorneys to make sure that your court order is followed.
Willful Violations
One thing that may make post-judgment enforcement necessary is a willful violation by one party. A willful violation is when one party knows exactly what they are supposed to do according to the court order, but he or she does not comply with that order. Willful violations of a court order can come with warnings, fines, or even jail time. If you suspect the other party is willfully violating a court order you will need to gather evidence and prove this to the court. However, you do not need to prove the violation was willful in order to get the court to step in and enforce the order by requiring compliance of the other party.
Marriage laws vary by state, but all states prohibit some kinds of marriages. Some people start the divorce process only to find out that their marriage is actually invalid. Conversely, a couple may want to marry but later find out that they cannot. It is important to understand the laws in Illinois and what marriages are prohibited.
Invalidity and Prohibition
In Illinois, marriages that are not permitted are termed invalid. In order for a marriage to be declared invalid, Illinois law allows certain people to file a petition for a Declaration of Invalidity of Marriage. Depending on the circumstances, certain aspects of the marriage may still apply.
Prohibited marriages are marriages that are prohibited by law and not allowed to happen in the first place if the clerk knows the circumstances. The distinction between invalidity and prohibition may seem minor, but it is important to understand this difference in order to comprehend Illinois’ marriage law.
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