Consequences of Waiting to File for Divorce

Family Law Blog

Consequences of Waiting to File for Divorce

April 14, 2020 | Divorce,Maintenance (Alimony),Parenting (Child Custody),Property

Divorce is never easy. The whole process is long, daunting, expensive, and stressful. Once you have decided that your marriage is over, it may be hard to start the process (e.g. hiring an attorney, filing a Petition for Dissolution of Marriage). Most importantly, you have to be ready. While there are many personal factors that […]

Temporary Support in Divorce Cases

December 23, 2019 | Child Support,Maintenance (Alimony)

During a marriage it is common for one spouse to have complete control over the finances. If there is then a divorce, it is not unusual for the spouse in control of the finances to “cut off” the other spouse from access to marital funds. This may be a tactic by the spouse in control […]

Using Net Income to Calculate Child Support and Maintenance

December 17, 2019 | Child Support,Divorce,Maintenance (Alimony)

Gross income is the total amount of income before any deductions. Net income is the amount left over after the deductions. Child support and maintenance are calculated by the using net income of each spouse. This distinction is critical because child support and maintenance are going to be much lower using net income figures instead […]

Financial Affidavits in Illinois Divorce

December 14, 2019 | Child Support,Divorce,Maintenance (Alimony),Property

Each spouse going through a divorce must complete a financial affidavit, also known as a comprehensive financial statement. The affidavit is a standardized form which is used in every county in Illinois. The blank affidavit can be found here. An affidavit is like sworn testimony in court in that the person filling it out affirms […]

Modifying Parenting Plans and Marital Settlement Agreements

December 10, 2019 | Divorce,Maintenance (Alimony),Parenting (Child Custody)

When parents of minor children get divorced there are generally two main documents that govern their post-divorce life: the parenting plan and the marital settlement agreement. The parenting plan governs all parenting matters such as parenting time and decision-making responsibilities. The marital settlement agreement governs financial matters such as the distribution the marital estate as […]

Maintenance (Alimony) in High Net Worth Divorce

November 21, 2019 | Divorce,Maintenance (Alimony),Wealth

Maintenance is support one spouse pays to the other spouse after divorce.  Generally, courts are mandated to apply maintenance guidelines.   These guidelines follow a formula to determine the amount of maintenance and is intended to minimize litigation and provide uniformity of maintenance awards across the State of Illinois. The formula uses the income of the parties to determine the amount of maintenance.   One big […]

Maintenance Tax Issues After the Tax Cut and Jobs Act

November 19, 2019 | Divorce,Maintenance (Alimony),Wealth

On any Maintenance (Alimony) payment ordered after January 1, 2019, the spouse receiving the maintenance no longer has to pay taxes on it and the spouse paying maintenance can no longer “write off” the maintenance payments. This change is a result of the Tax Cut and Jobs Act (TCJA) passed by Congress in November, 2017 and signed into law on December 22, 2017.  With the TCJA, individual and business tax rates […]

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