New Child Tax Credit 2021 for Parents Who Share Custody

As a part of President Biden’s American Rescue Plan, monthly child credits are starting this July. But if you share custody with your ex-spouse, who claims the child tax credit? 

President Joe Biden recently signed into law the $1.9 trillion American Rescue Plan Act. Amongst other things, the legislation will increase the child tax credit to $3,000 per child ages 6 to 17 and $3,600 annually for children under 6 for the tax year 2021. Here’s what else you should know…

How Claiming Child Tax Credit Typically Works

When parents share joint custody, they usually work out a schedule according to their work requirements, housing arrangements and the children’s needs. This includes financial plans like which parent is eligible for child tax credit payments. 

However, if you are recently divorced or separated – or simply don’t have a plan in place – which parent claims the new tax credits? 

Fundamentals of the New Child Tax Credit

The American Rescue Plan temporarily expands the child tax credit for 2021 which aims to substantially reduce child poverty by supplementing the earnings of families receiving the tax credit. The U.S. Department of the Treasury states that Child Tax Credit has been revised in the following ways:

  1. The credit amount has been increased. The American Rescue Plan increased the amount of the Child Tax Credit from $2,000 to $3,600 for children under age 6, and $3,000 for other children under age 18.
  2. The credit’s scope has been expanded. Children 17 years old and younger, as opposed to 16 years old and younger, will now be covered by the Child Tax Credit.
  3. Credit amounts will be made through advance payments during 2021. Individuals eligible for a 2021 Child Tax Credit will receive advance payments of the individual’s credit, which the IRS and the Bureau of the Fiscal Service will make through periodic payments from July 1, to December 31, 2021. This change will allow struggling families to receive financial assistance now, rather than waiting until the 2022 tax filing season to receive the Child Tax Credit benefit.
  4. The credit is now fully refundable. By making the Child Tax Credit fully refundable, low- income households will be entitled to receive the full credit benefit, as significantly expanded and increased by the American Rescue Plan.
  5. The credit is now extended to Puerto Rico and the U.S. Territories. For the first time, low- income families residing in Puerto Rico and the U.S. Territories will receive this vital financial assistance to better support their children’s development and health and educational attainment.

To facilitate the disbursement of Child Tax Credit advance payments during 2021, the American Rescue Plan requires the IRS to establish an online portal for taxpayers to update relevant data for mid-year payment adjustments (for example, the birth of a child during 2021). In addition to this online tool, the Treasury Department and the IRS will carry out a sweeping public awareness campaign parallel to its Economic Impact Payment campaign to reach all Americans who may be eligible for this financial assistance.

What Are The Updated Requirements For The New Tax Credit?

There are net income limits and rules to be aware of. But simply put, if your adjusted gross income is $75,000 a year or less and you are a sole taxpayer, you can receive a full tax credit for your child. It fluctuates as your net income increases.

For now, the tax credit extends to:

Children ages 5< 

  • $3,600 per child

Children age 16<

  • $2,000 per child

Children age 17<

  • $3,000 per child

Children 18-24 currently enrolled in college and full-time status

  • $500 per child

To help see exactly how much money you’ll receive in advance, Kiplinger has released a Child Tax Credit Calculator. Try it out here.

Can Both Parents Receive The Monthly Payment In A Shared Custody Situation?

For parents who share custody, child support can sometimes add complications to their stimulus check total and eligibility. Furthermore, rules for the third payment have changed from the first two payments, removing a loophole that allowed some families to “double-dip” (both parents receiving their own dependent payment for the same child), among other major changes as listed earlier. If you are wondering if there are the same loopholes when it comes to claiming the new child tax credits, the short answer is “no”. Only one parent can claim a child and receive the credit.

So which parent gets the tax credits? When the terms of the divorce clearly identify a custodial parent — the parent who has primary custody of the child — that parent is legally entitled to claim the child as a dependent and receive any associated tax refunds. Many parents have a 50-50 custody agreement but don’t have a written agreement regarding which of the parents claims the child on their taxes. Whether you have primary custody or joint custody of a child after divorce, the fact remains that only one person can claim the child on each year’s tax forms.

Be aware that if you falsely claim your child, you will possibly have to pay all or a portion of that payment back the following year.

Can The Tax Credit Money Pay For Overdue Child Support?

If you are divorced and haven’t been paid the correct child support unfortunately, the tax credit cannot be used for overdue payments – according to the congressional research service. However, the credit you will claim in 2021 and 2022 can be subject to overdue child support CRS stated. 

What Action do Families Need to Take to Receive the Payment?

Most families won’t have to do anything to receive their child tax credit payment starting July 15. Similar to the stimulus payments, the CTC payments will be automatically deposited into the taxpayer’s bank account, or sent in the form of a prepaid debit card or paper check (depending on what information the IRS has on file for each qualifying taxpayer).

However, action should be taken for non-filers. Even those who made too little to file a 2020 tax return should do so now in order to receive the advanced monthly CTC payments in the future. The Treasury Department and the IRS say they will continue efforts to make more families aware of their eligibility.

Conclusion

If you have children or other dependents under the age of 17, you likely qualify for the Child Tax Credit that hits bank accounts July 17. When you address the issue of claiming children on taxes, it’s important to research your rights and make your claim correctly. 

If you need further assistance with a parenting plan or child support, you can contact Masters Law Group to schedule a consultation. We represent individuals in the Chicagoland area in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule, child support orders and allocation of parental responsibilities.

 

Managing Your Money After a Pandemic Divorce

As the world slowly begins its back-to-normal phase, the aftermath of the pandemic has left a lot of devastation in its wake. If your marriage didn’t survive quarantine, here’s how to get your finances back on solid ground after a divorce. Read more

Parental Child Abduction? Hire a Hague Convention Attorney.

The Hague Convention on the Civil Aspects of International Child Abduction is the main international agreement that covers international parental child abduction. It provides a process through which a parent can seek to have their child returned to their home country.

A number of countries around the globe have joined a treaty called the Hague Convention. This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches custody rights attributed to a person or any other body. If, at the time of removal or retention, those rights were exercised. Even if a parent already has legal custody of a child, the Convention is needed. U.S. court orders may not be recognized in other countries, and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

LIST OF U.S HAGUE CONVENTION TREATY PARTNERS

Listed below are the countries that are participants of the Hague Convention in force with the United States of America. The official list and dates the treaties signed can be found here.

 

Andorra Lithuania
Argentina Luxembourg
Armenia Macedonia, Republic of
Australia Malta
Austria Mauritius
Bahamas, The Mexico
Belgium Monaco
Belize Montenegro
Bosnia and Herzegovina Morocco
Brazil Netherlands
Bulgaria New Zealand
Burkina Faso Norway
Canada Pakistan
Chile Panama
China (Hong Kong and Macau only) Paraguay
Colombia Peru
Costa Rica Poland
Croatia Portugal
Cyprus Korea, Republic of
Czech Republic Romania
Denmark Saint Kitts and Nevis
Dominican Republic San Marino
Ecuador Serbia
El Salvador Singapore
Estonia Slovakia
Fiji Slovenia
Finland South Africa
France Spain
Germany Sri Lanka
Greece Sweden
Guatemala Switzerland
Honduras Thailand
Hungary Trinidad and Tobago
Iceland Turkey
Ireland Ukraine
Israel United Kingdom (Anguilla, Bermuda, Cayman Islands, Falkland Islands, Isle of Man, Montserrat)
Italy Uruguay
Jamaica Venezuela
Japan Zimbabwe
Latvia

 

CHOOSING YOUR ATTORNEY

To make sure you have the best possible chance in your Hague Convention case, you need an attorney who understands both the dire circumstances and the delicate interplay of state, federal, and international laws.

Erin Masters and Anthony Joseph of Masters Law Group have extensive experience in cases involving international child abduction disputes in both courts located in the State of Illinois and the United States federal court system.

Read the details of our most recent successful Hague Convention case here. Furthermore, see what our clients have to say on representing their Hague Convention on Civil Aspects of International Child Abduction case:

“Anthony Joseph and Erin litigated my Hague Convention federal court case and, after a terrifying and tiring few months, we won our case!! If I didn’t have the direction and focus of these two we wouldn’t have won. Anthony is a shark, no one will work harder and smarter and know every detail in the court like this man. AND ERIN!!!!! She is dotting all the i’s and crossing the T’s. Not one thing will get by her. She thinks outside the box and will find a solution to every problem. They way they work together, the other side doesn’t have a chance in court. Because of these two my children are safe with me in the USA and we won an extremely difficult to win case. 9/10 times the children have to go back to the country they were taken from, in this case it was Mexico. I had the odds stacked against me hugely. It’s very difficult to get any judge to side with the person who left with the children. Because of their expertise in Hague, they found the important details to keep my kids and myself away from our abuser who tried to get us back into the scary situation we were living in. THANK YOU TO YOU BOTH. Every day I’m grateful for them changing my life. When something this is important is at stake it is imperative you choose great counsel. And Masters Law Group is it.”

– SHARON H, HAGUE CONVENTION CLIENT TESTIMONIAL

Instead of trying to figure out international law issues alone, contact the Family Law Attorneys at Masters Law Group. Our experienced team will help you navigate the legal complexities of your case and are committed to vigorously representing you in these frightening, high-stakes proceedings.

Contact us to schedule your consultation here today.

 

What is Paternity Fraud and Should I be Concerned?

Paternity fraud occurs when a man is incorrectly identified as the biological father of a child by the mother. In this blog, we discuss the cause of action for paternity fraud in Illinois. Read more

Getting a Same-Sex Divorce in Illinois.

Divorce is the last thing you think about when you and your spouse are exchanging vows. However, for different reasons, divorce happens. When it comes to divorce and child custody cases involving same-sex couples, there are many factors that can complicate the court’s ruling.

Along with the right to marry in Illinois (and every state in America), marriage equality laws also gave couples the right to divorce, regardless of where they live. But, in some cases, the divorce process can become complex.

Because same-sex marriage hasn’t been legal for too long, courts have broad discretion when making decisions about relationships that were in place long before the Supreme Court’s landmark decision. One of the biggest issues same-sex couples run into when they get divorced is determining how to award spousal and child support if the couple was living together as domestic partners much longer than their legal marriage. Same-sex couples often see one spouse adopt children and then they live as a family, without the benefit of a joint- or cross- or co-adoption.  That could spell disaster for the non-adopting parent.

Parental Responsibilities

Parental responsibilities are different for someone married to a child’s birth mother. The law spells out how the birth mother’s spouse can be the legal parent of the child. For two married men, adoption is often the route to parentage, for married women, the female who did not give birth also usually adopts the child/children.

Since 2016, instead of dividing up “custody” and “visitation,” divorcing parents make an “allocation of parental responsibilities.” Under the revised Marriage and Dissolution of Marriage Act, only non-parents get visitation.

You must be a parent to have any parental responsibilities. Who’s a parent is determined by the Illinois Parentage Act. The Parentage Act spells out 4 ways the spouse of the birth mother can be legally presumed to be the child’s parent. The law below applies to both marriages and civil unions. It also applies to a male or female spouse of the birth mother. The four paths to parenthood are:

  1. The child is born while the spouses are married to each other.
  2. The child is born after the marriage is over. It must be within 300 days after that termination.
  3. The first 2 situations, but where the couple tried to enter into a marriage or civil union “in apparent compliance with the law.” However, that marriage or union is later terminated or declared invalid for some reason.
  4. A person marries the birth mother after the child is born. Plus, that person consents to being added to the child’s birth certificate.

Parenthood for two married men results from one being the child’s biological father, and the other adopting the child,. Or, it results from both spouses adopting a child together.

Same-Sex Divorce Procedure

Generally – asides from the issue of Child Custody (Parenting Time) – the divorce process for same-sex couples is not different compared to a divorce involving a heterosexual couple.

  1. File the Petition for ‘Dissolution of Marriage’. To properly file in Illinois, one or both parties must establish residency within the state for at least 90 days before commencement of the case. The petition must state whether the divorce action is sought on fault or no-fault grounds. (Contested or Uncontested).
  2. Serve the complaint on the other spouse.
  3. The other spouse files an answer to the petition or risks a default judgment from the court.
  4. The investigation and negotiation stage occurs, where the couple’s attorneys gather relevant evidence and prepare for a court appearance. The couple may also work toward a mutually-agreeable settlement through divorce mediation.
  5. A trial commences if no settlement is reached. At this stage, the divorce is granted, and the court determines issues like custody, child support, spousal maintenance and the division of the couple’s property.

Hiring the Right Experienced Same-Sex Divorce Attorney

If you are going through a same-sex divorce, you probably have many questions about the process.

By hiring a knowledgeable and experienced divorce attorney – who understands the unique challenges same-sex couples face – will ensure that your interests are protected during the dissolution of your marriage. How? Since it is possible to encounter judges or other court personnel who may have had limited interactions with same-sex divorces or same-sex individuals in general, it is important to have an attorney who is not only sensitive to the dynamic, but one who is well known by the Court and knowledgeable of the various laws.

Masters Law Group understands that divorce is a stressful situation and that our clients want to move on with their lives. As such, we move through settlement negotiations, mediation or litigation with our clients assurance and well being in mind.

Whether you are facing a same-sex contested divorce, uncontested divorce, or civil union divorce, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Divorce cases involving substantial assets or complex estates require specialized knowledge.  Masters Law Group is skilled at identifying and valuing assets and wealth, including real estate, securities, business interests, retirement funds, pension plans, tax shelters (domestic and foreign), overseas accounts, stock options, trusts and other actual or potential sources of wealth.

Don’t go it alone. Contact us here today to schedule a consultation.

 

What Circumstances Justify Modifying Divorce Orders?

It’s not unusual for ex-spouses to want to change a prior decree respecting issues of custody and support. When a divorce settlement is no longer relevant for a couple or does not fit the needs of their children, it is possible to alter the terms of it through a post-decree modification.

Generally speaking, a divorce can take weeks, or even months to finalize. Once the legal proceedings are complete, a final divorce decree will be issued, which officially documents the terms of the divorce. But, life goes on and things change eventually no matter what the Divorce Agreement or Allocation of Parental Responsibilities and Parenting Time say.

A party seeking to modify their decree must show a substantial and continuing change of circumstances.

Modifying an Order

Broadly speaking, there are two ways that former spouses can seek to modify the terms of their divorce in Illinois. These are:

  • By agreement, and
  • By court order.

The first option for modifying the terms of your divorce is by agreeing to a modification with your former spouse. In other words, you and your spouse already agree to the modifications proposed, in which case you can file a joint petition – which could present the opportunity to not have to go to court.

The second option is if you and your ex-spouse don’t agree on the modification. If this is the case, you’ll need to file a complaint for modification and have your ex served. The process then goes through the court system until you reach an agreement or have a trial.

Change of Circumstances and Modification

General dissatisfaction with the outcome of the divorce is not a sufficient cause to modify the terms of the divorce decree. Therefore, if later down the line you feel you got a bad deal or the judge ruled unfairly, you might not have cause to petition a change.  However, if you can demonstrate a substantial change of circumstances, a judge may consider your motion to modify.

There are numerous reasons parties may seek modification of a divorce decree. Some of the most common reasons for requesting the court modify the terms of a divorce include:

  • Change in financial situation for the support-paying party, including job loss, reduced pay, or disability;
  • Change in child custody or parenting time due to relocation of child or parent, alleged abuse or unfitness of custodial parent, or refusal of one parent to comply with terms of parenting plan; or
  • Change in the financial status of the non-paying party, such as a significant salary increase, remarriage, or large inheritance.

[Property division orders, however, are almost never modifiable in Illinois.]

A judge is looking for evidence showing that the change is not temporary, minimal, or self-inflicted. For example, if you quit your job because you simply did not like your boss, a judge is not likely to grant a modification of child support. Deciding what constitutes a “substantial” change of circumstances can be difficult. Seeking the advice of an experienced divorce lawyer before filing a motion to modify a divorce decree can save you time and money.

Divorce Modification with Masters Law Group

Regardless of why you are seeking a post-judgment modification, and regardless of whether your former spouse are in agreement, you need to comply with your existing divorce judgment unless and until your requested modification receives court approval. Deviating from the terms of your existing judgment can get you into trouble with the court, and it can potentially make it more difficult to obtain a post-judgment modification as well.

If you’re trying to modify an Illinois family law order or your ex-spouse is attempting to allege a substantial change in circumstances, contact the divorce attorneys at Masters Law Group. We have extensive experience in handling the complete range of post-decree modification cases, including parenting time, allocation of parental responsibilities and child support modifications.

Contact us here today to set up a complimentary consultation.

Can Your Ex-Spouse Just Move Away with The Kids?

Is your ex-spouse trying to move away with your children? One of the most difficult parts of a divorce is seeing your children less, and if your spouse moves away, it could make that even more difficult. Luckily, with the help of a Chicago family and divorce law firm, we can help prevent this from happening. 

Here are some factors that could affect the outcome if your ex-spouse wants to move your children away.

The custody arrangement

Now called Parenting Time, the child custody arrangement will affect whether or not your ex can move with your children. If you have partial custody, it’s unlikely that they can legally move far away. If you don’t have partial custody, and only have regular visits, there’s still a good chance the courts will not allow them to.

What is the distance of the move?

In several states, there is a specified range in which an ex-spouse can move with your children without at least giving notice. Typically, it must be within 50-100 miles.

Did they give formal notice?

Oftentimes, your ex-spouse must give a formal notice prior to moving. It should be in the form of a legal document and should include the destination, why they’re moving and a visitation plan. It should also be given at least 60 days before the move date.

Relocation trial

You have 30 days to object to the move when your ex-spouse proposes it, which will then result in a relocation trial. In most states, the courts treat staying in the same location as the norm, so your ex’s lawyers will have to be the ones arguing for the move. They will have to prove that the relocation is in your childrens’ best interests. There aren’t specific rules for these situations, so judges generally make different decisions case by case. The primary factors looked at by the courts include:

  • Custody arrangements
  • The distance of the move
  • The motivation of both parties
  • What is in the childrens’ best interest

Getting Professional Advice from Masters Law Group

At Masters Law Group, we specialize in all family law related matters and focus on helping clients assert their rights to further the best interest of their children.

We offer a wide range of services tailored to our clients’ unique legal needs and have a depth of knowledge, experience and talent in the Family Law and Divorce field.

If your ex-spouse is proposing to move away with your kids, we can help. Contact us to schedule your consultation here today. 

—————————————————————————————————————————————————————————

PARENTING TIME SERVICES WITH MASTERS LAW-GROUP

Whether to hire a lawyer or navigate child custody solo is one of the first considerations for parents who are petitioning the court for child custody.

Parenting Time of your child is a very emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Learn more and set up a consultation with us here today.

Grandparent’s Custody Rights in Illinois

The issue of grandparent’s visitation rights has been something of a moving target over the last few decades, and laws differ between states. Here’s what you need to know if you are a grandparent needing help to get visitation with your grandchild.

Do grandparents have visitation rights in Illinois? While the state of Illinois has recognized that extended family members often play a large role in a child’s life, their rights to see their grandchild/grandchildren is far more complicated. The courts almost always favor leaving children in the care of their biological parents. However, in cases where a parent is incapable or doesn’t want to take care of their children, a grandparent can petition for custody.

Overview of Grandparent Visitation Laws

Visitation is when a person who is not the parent of a child spends time with that child. Visitation used to include time spent by a parent with a child, but that is now legally called parenting time. In Illinois, there are no federal laws governing visitation rights for grandparents. However, depending on family dynamics, Illinois grandparents do have a limited legal right to visit their grandchildren, especially if the parents are divorced.

In general, it is up to the parents of a child to decide who can spend time with that child. But sometimes a non-parent can get a court order to force the parents to let them spend time with a child if the child is at least one year old.

Only the following people can get a court order for visitation with a child:

  • Grandparent
  • Great-grandparent
  • Brother or Sister
  • Step-parent

Granting Visitation

To obtain parenting time rights in Illinois, grandparents must meet the following requirements:

  • Show that they have been unreasonably denied parenting time by a parent of the grandchild
  • Show that one of the following statements is true:
    • A parent is incompetent.
    • A parent has been dead or missing for at least three months.
    • A parent has been incarcerated for at least three months.
    • The child’s parents are divorced or legally separated, or there is a pending dissolution or custody proceeding, and at least one parent has no objection.
    • The child is born out of wedlock and the parents are not living together.

The court will then review:

  • The grandchild’s preference
  • The grandparents’ intentions in seeking parenting time
  • Whether the denial of parenting time has been in good faith
  • The closeness of the relationship between the child and the grandparents
  • Whether the time requested might have a damaging effect on the child’s regular activities
  • Whether the child lived with the grandparent or the grandparent was the primary caretaker of the child for at least six consecutive months
  • The frequency of contact for at least one year
  • The mental and physical health of the child
  • The physical and mental well-being of the grandparents

Gaining Custody for Grandparents

It is possible for a grandparent to obtain custody of a grandchild. The first way is through petitioning the court for custody of the grandchildren. Both parents of the child must voluntarily relinquish their parental rights to the child unless there is another issue like abuse. Parents may give up the rights to their children for many deeply personal reasons such as addiction or mental health issues. Other times, very young parents relinquish their parental rights so that a grandparent or grandparents can adopt the child.

The second way grandparents can be awarded custody of their grandchildren if the biological parents have been found to be abusive or neglectful to the child. The Department of Children and Family Services oversees children who are taken from abusive homes. There is also an option for grandparents to become the legal guardian of a child called “Private Subsidized Guardianship.” This permanent measure is usually reserved for situations in which there is no hope of reuniting the child with his or her biological parents.

Adoption and Grandparents’ Rights

In most situations, adoption severs ties between a child and biological family members, including grandparents. Any visitation orders entered before a child’s adoption will automatically terminate when an adoption is finalized.

Even in the case of a stepparent adoption, grandparent visitation isn’t a given; Grandparents can bring a visitation petition in the case of a stepparent adoption, but the grandparent must still demonstrate that the lack of visitation would harm the child. In many cases, it’s difficult for a grandparent to meet that burden.

Getting Help

Grandparents have a unique place in a child’s life, and being refused visitation can bring anguish on both the grandparents and more importantly, the child. If you have been denied the right to see your grandchild, you should speak with the experienced attorneys at Masters Law Group. Based in downtown Chicago, we represent grandparents who are facing the stressful and highly emotional facing matters of child visitation and related issues.

Contact us here today and we will protect your rights as a grandparent and provide you with the representation you need to achieve the best results.

 

5 Prenup Myths You Need to Know

A prenuptial agreement (commonly referred to as a premarital agreement) is a contract people enter into prior to marriage that establishes the essential property and financial rights of each spouse in the unfortunate event of a divorce. While the agreement can protect you down the line if you and your new spouse part ways, there are many misconceptions that should be addressed before rejecting the notion all together.

Wedding venue is booked, dress is fitted, rings are bought and the flowers are ordered. At this stage most couples assume “I Do” is all that’s left. However, many Americans are now adding another step to their wedding plans; a prenuptial agreement. A prenuptial agreement is defined as, “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage” and failing to make a prenuptial agreement will result in the courts having power over your estate. So why the hesitation for so many others tying the knot?

Read on for five common myths and misconceptions about prenups and learn how an attorney can help you craft a prenuptial agreement that will provide peace of mind on your big day.

Myth #1: Prenups are only necessary if one spouse is wealthy.

Prenuptial agreements are extremely beneficial to those with ample assets, but they are also highly valuable for the “average-income” individuals, too. For example, if you married without a prenup in place, the courts may not be aware of personal debt, pets, the sentimental value of inheritance items or the fact you had cash set aside for your children. With a prenup, you can customize and define what will remains yours in the instance of a separation in the future.

Myth #2: My Spouse wants a prenup because he/she doesn’t trust me.

Arguably, the biggest reason for not getting a prenup is the misconception it comes down to trust. Or a lack of it. While this can be the case in some relationships, in far more cases these agreements have nothing to do with trust. Instead one, or both, parties want to be prepared for whatever comes their way. While almost all marriages start off with the best of intentions, around 50% of them end in divorce, regardless of the level of trust present on the day of the wedding. A prenuptial agreement will help ensure trust since both parties will need to reveal their assets, debts, and beliefs about how things should work financially in a marriage. In addition, should the marriage fail, this type of agreement really helps to streamline the divorce process for both parties.

Myth #3: Couples who truly love one another don’t need a prenup.

Worried that a prenuptial agreement will pit you and your future spouse against each other or be an omen for divorce? The opposite is actually true. In fact, 86% of mental health experts polled by relationship site YourTango said that prenups have “no predictable impact” on marriage. Completing a prenuptial agreement requires the ability to discuss financial matters and reach compromises; both skills that are a sign of a strong future marriage. So yes, creating a prenup can strengthen your relationship and prepare you for future financial discussions later down the road.

Myth #4: Prenups aren’t enforceable.

This is a myth that has been getting more and more popular in recent years. Although there are times when prenuptial agreements are not enforced in court, the majority of them are. Illinois, like many states, has adopted the Uniform Premarital Agreement Act (UPAA). The UPAA is a set of guidelines that govern how courts decide whether a prenuptial agreement is enforceable. All prenuptial agreements must be in writing. Both spouses must also sign the agreement for it to be enforceable. In rare cases where prenups are not enforced, it is usually because one spouse was coerced or under duress when signing, or when proper legal procedures are requirements were not met when the agreement was created. If you have a well-written prenuptial agreement that is done properly by an experienced attorney, you have an excellent chance at the courts enforcing it every time.

Myth #5: You shouldn’t hire an attorney to get a prenup.

It’s not a good idea to enter into a prenuptial agreement solo. Every state has separate rules for prenuptial agreements. If you aren’t familiar with your state law, or if you’re not comfortable interpreting the rules, you should hire an attorney. A prenup attorney responsible for drafting a prenuptial agreement will outline a clearly defined assets protection strategy that can reduce the potential for financial disputes during the divorce process.

To Conclude

Couples considering marriage today are three times more likely to enter into a prenuptial agreement than spouses were ten years ago. No longer just a protection for the wealthy, prenuptial agreements are used by couples from all income brackets to decide how to divide their property if they divorce.

A well-crafted premarital agreement can address spouses’ concerns about financial issues or obligations during their marriage, and it can protect certain assets in the case of divorce. At Masters Law Group, we understand that establishing a prenuptial agreement enhances the strength of your relationship and provides the foundation for a strong marriage. If you live in Illinois and need to have your prenup written up, please contact us to go over all your options today.

Hague Convention: 6 Defenses to a Petition for the Return of a Child.

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Under the Convention, a court may deny return of an abducted child if one of the following six defenses apply.

When a parent is subject to an application either in the State Court or the Federal Court for return of a child who is alleged to be illegally taken from a foreign country and brought to the United States, or wrongfully retained in the United States beyond the agreed upon time frame of temporary absence, there are certain defenses that can be raised by the non-petitioning parent in order to prevent the return.

History of Hague

The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

This multilateral treaty was developed by the Hague Conference on Private International Law (HCCH) and concluded on October 25, 1980, entering into force on December 1, 1983.

These participating countries are also included in a large treaty that governs the way different legal systems work together. There were two specific goals in mind at the time of The Hague Services Convention’s formation:

  • Create a means to ensure that judicial and extrajudicial documents to be served abroad can be brought to the notice of the addressee in sufficient time.
  • Improve the organization of mutual judicial assistance.

According to the Convention, the removal or retention of a child is “wrongful” whenever it breaches the rights of custody attributed to a person or any other body and if at the time of remove or retention those rights were actually exercised. Even if a parent already has legal custody of a child, the Convention is needed because U.S. court orders may not be recognized in other countries and sovereign nations cannot interfere with each other’s legal systems, judiciaries, or law enforcement.

Under the Hague Abduction Convention and ICARA, when a child has been wrongfully removed from the child’s home nation-state or “habitual residence,” the court must order the child to be returned to the habitual residence, unless the party removing the child can establish at least one of six narrow affirmative defenses.

Six Defenses

There are a few defenses to a claim of wrongful removal or retention under the Hague Convention, which include:

Defense 1: That the petitioner (parent seeking the return of the child) was not “actually exercising custody rights at the time of the removal or retention” under Article 13.

Defense 2: That the petitioner “had consented to or acquiesced in the removal or retention” under Article 13.

Defense 3: That more than one year passed from the time of the wrongful removal or retention until the date the petitioner commenced a judicial or administrative proceeding for the return of the child, under Article 12.

Defense 4: That the child is old enough and has a sufficient degree of maturity to knowingly object to being returned to the petitioner and that it is appropriate to heed that objection, under Article 13.

Defense 5: That “there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation,” under Article 13(b), and

Defense 6: That return of the child would subject the child to violation of basic human rights and fundamental freedoms, under Article 20.

If your child has been wrongfully removed to a country overseas, you should immediately contact your local family law attorney that is experienced in international custody disputes for help.

Relocating Your Child

Whether due to job requirements (like working in the military) or simply moving back to be with family, many separated or divorced US parents relocate abroad every year. You must realize it will often be a criminal offense for you to take the child away without the other parent’s permission. Illinois Courts require that a parent looking to permanently relocate a child from the State of Illinois have a written agreement and/or Court Order allowing the move.  There are a variety of factors the Court will consider in adjudicating whether the move is within your child’s best interest.

As previously mentioned, under the Hague Convention you will “wrongfully remove” a child if you take the child away from his or her habitual residence. Therefore, the other parent will normally be able to block your removal of the child from that country and if you take the child to the United States a U.S. court will normally compel you to return the child forthwith.

It is imperative you make any International Custody Agreements & Parenting Time schedules before you relocate your child/children.

In deciding whether to authorize a child’s relocation to a foreign country, U.S. courts will try to determine the best interests of the child, considering the same factors they normally consider in domestic move-away cases (these factors depend on the laws of state that has jurisdiction to hear the case). In addition, with international move-away cases, most state courts will also consider several additional factors, including (as per DivorceNet):

  • The cultural conditions and practices in the foreign country
  • Any potential visitation difficulties for the parent that gets left behind
  • Jurisdictional issues that may make the enforceability of the domestic custody and visitation orders problematic (meaning the extent to which the foreign country would enforce the left-behind parent’s visitation or rights to access the child), and
  • Whether or not the proposed foreign country is a signatory to the Hague convention (however, the fact that the proposed country is not a signatory does not automatically mean the request to relocate will be denied).

If you want to move your child out of the United States or your child’s other parent does, you should definitely contact an experienced custody attorney for advice on how to protect your parental rights.

Getting the Help You Need

Left behind parents face enormous obstacles in seeking judicial intervention in the United States to compel return of their children. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention.

The attorneys at Masters Law Group have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system. We have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

Contact us here today to schedule a consultation.