Tag Archive for: Chicago family law

Does Divorce Affect Adoptions in Illinois?

Parents who adopt aim to give the child/children a stable, loving environment to grow up in. Couples rarely adopt children with plans to divorce. But as we know, it doesn’t always pan out that way. 

After any adoption, with respect to minor children, if the parties divorce, the adoptive parent may have the same duties and parental responsibilities in regard to child support and other issues as though the minor child was his or her natural child. Here’s what you need to know.

Different Types of Adoption in Illinois

There are four main types of minor adoption that are commonly used in Illinois:

  • Related Adoption: Also called a “kinship” adoption, occurs in a situation where the child is adopted by family members, i.e, stepparent, grandparent, sibling, or aunt and uncle. This form of adoption is often the easiest to navigate, because some procedures and requirements may be waived. 
  • Agency Adoption:  In an agency adoption, the parents receive the child from the Department of Children and Family Services (DCFS) or a licensed private adoption agency. The biological parents have already surrendered the child to the state or had their parental rights terminated.
  • Private Adoption: A private adoption occurs when the adoptive parents receive the child directly from the biological family. 
  • Standby Adoption: A standby adoption is a legal arrangement that becomes effective after a specific event occurs, such as the death of a biological parent.

It’s important to note that Illinois also allows for adult adoptions. Adult adoption happens when a person over 18 is adopted by loved ones they have lived with for a substantial amount of time. The adult being adopted must give consent. However, biological parents do not need to give their approval.

Impact of Divorce on Adoption

When a married couple decides to adopt a child, they typically do so together, as joint petitioners. This means that both parents are legally responsible for the child, and both must consent to any decisions regarding the child’s upbringing, education, and medical care. However, if the couple divorces before the adoption is finalized, the situation becomes more complicated.

In Illinois, the adoption process is generally governed by the Illinois Adoption Act. According to this act, if a married couple begins the adoption process and then decides to divorce before the adoption is finalized, the court must determine whether the adoption is in the best interests of the child.

The court will consider various factors when making this determination, including the child’s age, health, and well-being, as well as the ability of each parent to provide a stable and loving home for the child. If the court determines that the adoption is still in the child’s best interests, the adoption can proceed, but the non-adopting spouse will no longer be considered a legal parent of the child.

On the other hand, if the court determines that the adoption is no longer in the child’s best interests, the adoption will be terminated, and the child will remain in the care of their birth parents or legal guardians.

Impact of Divorce on Stepparent Adoption

In some cases, a stepparent may wish to adopt their spouse’s child after a divorce. This process is known as stepparent adoption, and it is subject to different rules than traditional adoption.

Under Illinois law, a stepparent may adopt their spouse’s child if the following conditions are met:

  • The stepparent is married to the child’s legal parent.
  • The child’s other legal parent has consented to the adoption or had their parental rights terminated by a court.
  • The adoption is in the best interests of the child.

If the stepparent meets these requirements, they may petition the court to adopt the child. However, if the legal parent of the child objects to the adoption, the court will have to determine whether the adoption is in the best interests of the child.

If the legal parent does not object, the adoption can proceed without the need for a court hearing, and the stepparent will become the child’s legal parent.

Conclusion

Divorce can have a significant impact on adoption proceedings in Illinois, and it is important to understand the laws and regulations that govern these situations. If you are considering adoption or are going through a divorce while in the process of adopting, it is highly recommended that you consult with an experienced family law attorney who can help guide you through the legal process and protect your rights and the best interests of the child.

At Masters Law Group, our team of skilled attorneys can help guide you through the divorce process and explain the legal implications of how adopted children could be affected.

Schedule a consultation today to begin the conversation.

Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

4 Common Misconceptions About Family Law

Family law matters can be emotionally and mentally draining. Misconceptions about family law can further complicate the process and cause unnecessary misery for all parties involved.

Getting (and giving) bad advice is an unfortunate part of life. While the giver of the advice most probably only means well, they could be sabotaging a case legally without even knowing it.

Gain clarity and confidence in approaching family law matters, including divorce, by debunking the four most common misconceptions below. Here’s what you need to know.

MISCONCEPTION #1: IF MY SPOUSE CHEATED ON ME, THEY WILL AUTOMATICALLY GET LESS PARENTING TIME.

Illinois courts take into account various factors when making custody and parenting time decisions. All of these factors include the best interests of the child. While it can be easy to assume that infidelity will sway the court’s decision, it is important to understand that this is not necessarily the case.

The court is more likely to focus on issues like communication and the child’s relationship with each parent. Working with a professional family law attorney will help you in the long run. The court’s ultimate decision is in the best interests of your child.

MISCONCEPTION #2: THE MOTHER ALWAYS GETS PRIMARY CUSTODY OF THE CHILDREN

In Illinois, the court will consider various factors to determine what is in the child’s best interests. Some of the factors that the court may consider include:

  • The child’s age and physical and emotional needs
  • The living situation of each parent, including the child’s relationship with each parent and the home environment
  • Each parent’s ability to provide for the child’s needs, including financial and emotional support
  • The child’s adjustment to their school, community, and home life
  • The mental and physical health of the parents and the child
  • Any history of domestic violence or substance abuse in the household

In addition, the court may consider the child’s wishes if they are mature enough to express them. This generally applies to older children or teenagers, who may have a better understanding of their preferences and needs. It’s important to note that parents can create their custody agreement, which the court will review to ensure that it is fair and in the child’s best interests. This can be a less adversarial approach and can give parents more control over the outcome of their custody arrangement.

Custody decisions are complex and require careful consideration of various factors. Consulting with an experienced family law attorney can help you understand your options and make informed decisions about your child’s custody arrangement.

MISCONCEPTION #3: I WILL BE DIVORCED SOON AFTER I FILE.

In Illinois, an uncontested divorce can be granted without a waiting period as long as residency requirements are met. However, a contested divorce typically requires a six-month waiting period before it can be finalized. The duration of the divorce process in Illinois varies. Here are some of the potential factors:

  • The complexity of the case
  • The willingness of the parties to cooperate
  • The court’s caseload.

It’s important to note that the process can take longer than six months. Especially if there are significant disagreements between the parties involved. However, working with a family law attorney can help expedite the process and ensure your rights and interests are protected. An attorney can also guide options such as mediation or collaborative divorce to help resolve disputes more efficiently.

MISCONCEPTION #4: I HAVE TO GO TO COURT TO GET DIVORCED.

While some divorces may be litigated in court, alternative methods of dispute resolution are also available. These methods are used to reach a divorce settlement without the need for a court trial. Divorce Mediation is one of the most commonly used methods.

Mediation involves working with a neutral third-party mediator who can help facilitate negotiations between you and your spouse to settle. This approach includes working with your attorney, financial experts, or a mental health professional, to reach a mutually beneficial settlement. Overall, mediation can potentially be a less expensive and less time-consuming approach than going to court. 

FINAL THOUGHTS

Dealing with family law matters like divorce, child custody and parenting time can be emotionally and mentally challenging. However, having a clear understanding of the facts can make the process less daunting. If you are going through a family law issue, it’s important to consult with an experienced family law attorney. They can help guide you through the process and protect your rights.

At Masters Law Group, our award-winning attorneys and law firm have a long history of helping clients successfully navigate through various family law issues.  Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.. 

Contact us here today.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.

Chicago Divorce Lawyer

Navigating Divorce in Chicago: Tips from a Top Lawyer

Divorce is never an easy process, and it can be especially difficult to navigate in a state like Illinois where a quick Google search for “Illinois Divorce Lawyer” brings up 18,100,000 results. Plus, the complex legal system, coupled with the emotional turmoil of separating from your spouse, can make the whole ordeal seem even more overwhelming.

However, with the help of a top Chicago divorce lawyer, you can navigate this challenging period and help achieve a positive outcome for you and your family. Here are some tips from our Chicago-based law firm, Masters Law Group, on how to navigate divorce in Chicago.

Choose the Right Lawyer

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. At Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer free consultations to help you evaluate if we are the right fit for your needs.

Gather Necessary Documentation

Once you’ve decided on a family law attorney, be prepared and gather any necessary documentation that your lawyer will need to build your case. This includes financial records, such as bank statements, tax returns, investment accounts, and real estate records. You should also provide your lawyer with any evidence you may have that supports your case. Such as text messages or emails that demonstrate your spouse’s infidelity or neglectful behavior.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This includes everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income (including digital assets like cryptocurrencies. Being upfront and honest with your lawyer in the long run will only help you achieve a positive outcome.

Consider Mediation

Mediation can be an effective way to reach a settlement in a divorce case, without the need for a lengthy and expensive court battle. The mediator’s role is to facilitate the negotiation process, help both parties understand each other’s perspectives, and explore alternative options for resolving disputes. The mediator does not make any decisions for either party but instead works to ensure that both parties have equal opportunities to voice their opinions and arrive at a mutually agreeable outcome.

Mediation can be an effective option for couples who are willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce.

Working With Masters Law Group

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group.

Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our areas of focus include divorce, allocation of parental responsibilities, and other family law issues.

Our firm has earned a top spot on the list of Best Law Firms 2023 by Best Lawyers® and U.S. News & World Report, and we are highly esteemed and respected by leading peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. Furthermore, our senior attorneys, Erin E. Masters and Anthony G. Joseph, have been recognized by these prestigious publications year after year, showcasing their strong work ethic, character and skill in family law; ensuring that you have someone you can trust on your side during your divorce.

If you’re considering a divorce in the state of Illinois, you don’t have to go it alone. Having the right attorney fighting in your corner can make a significant difference to the outcome of your case. At Masters Law Group, we are dedicated to helping our clients achieve the best possible outcome in their divorce proceedings.

Contact us today to schedule your complimentary consultation.

Who Receives Child Tax Credits After Divorce?

Single, married or separated, as a parent, your top priority is to provide for your children and ensure that they have the most secure future possible. Here’s what you need to know about understanding Child Tax Credits amid divorce. 

Child tax credit is important if you have dependent children in your family. If you are currently going through divorce, or have already dissolved your marriage, you could be left with even more questions.

Here’s what you need to know.

What are the Child Tax Credits?

 Child Tax Credits are a federal tax credit that provides financial support to families with children.

As part of a 2021 coronavirus relief package, significant modifications were made to the country’s tax legislation. Many U.S. residents consequently earned additional Child Tax Credit relief, which was given out as monthly payments of up to 300 dollars per child. The IRS paid a portion of the Child Tax Credit in advance for a portion of 2021. Both in 2022 and 2023, those advance payments were not scheduled to be made available.

The Child Tax Credit was reduced to 2,000 dollars per eligible child for tax year 2022, and the 300 dollars advance monthly installments were no longer available.

The Child Tax Credit is scheduled to stay at 2,000 dollars per eligible child for tax year 2023, but without any upfront monthly payments.

What if I am Separated or Divorced?

If you are divorced, 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 assistance.

As per the conditions of the credit, generally it is not possible to split the payment and therefore only one parent can claim it each year.

There is a special rule for divorced or separated parents or parents who live apart for the last 6 months of the calendar year. If the requirements of the special rule are satisfied, then the child is treated as the qualifying child of the noncustodial parent for purposes of the child tax credit/credit for other dependents, while the custodial parent may claim the dependent care credit and EITC, under the general rules.

For more information, see ‘Applying the tiebreaker rules to divorced or separated parents (or parents who live apart)’ in Pub. 501 and ‘Special rule for divorced or separated parents (or parents who live apart)’ in Publication 596. See Publication 501, Dependents, Standard Deduction, and Filing Information, for more information.

If you mistakenly claimed the child as your dependent, you should unenroll from receiving the monthly payments. Otherwise, you may have to pay that money back next year.

Are All Parents Eligible for Receiving Child Tax Credit?

No. In order to be eligible for the Child Tax Credit, parents must file taxes and meet certain residency and income standards.

You can claim the Child Tax Credit for each qualifying child who has a Social Security number that is valid for employment in the United States.

To be a qualifying child for the 2022/3 tax year, your dependent generally must:

  • Be under age 17 at the end of the year
  • Be your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of one of these (for example, a grandchild, niece or nephew)
  • Provide no more than half of their own financial support during the year
  • Have lived with you for more than half the year
  • Be properly claimed as your dependent on your tax return
  • Not file a joint return with their spouse for the tax year or file it only to claim a refund of withheld income tax or estimated tax paid
  • Have been a U.S. citizen, U.S. national or U.S. resident alien

You can claim the Child Tax Credit by entering your children and other dependents on Form 1040, U.S. Individual Income Tax Return, and attaching a completed Schedule 8812, Credits for Qualifying Children and Other Dependents.

Still Disputing Tax Credits with Your Ex?

If you are still unsure of who the main custodial parent is, or you have no solid parentage, parenting time or allocation of parental responsibilities schedules in place, generally, the custodial parent is the parent who has physical custody of the child for the greater portion of the calendar year. If there are still disputes over who should get the money, a parent could file with the courts.

Navigating the system can be complex and overwhelming. It’s essential you understand your rights and make an accurate claim. If you do decide to take it to court or if you need advice on your situation, it’s best to speak with the experienced family law attorneys at Masters Law Group. We can help you understand the issues that will affect you, including your ability to claim children as dependents and receive tax credits.

Schedule your consultation here today.

Navigating Parental Responsibilities: A Q&A Guide

No one starts a family of their own thinking it will end in separation. However, parental rights and responsibilities are part of mothers’ and fathers’ role as their children’s caretakers after separation as much as it was prior. If you’ve got questions regarding parental responsibilities in Illinois, here’s what you need to know in 2023. 

Married or not, raising a child is a complex and challenging task, and the responsibility of ensuring a child’s well-being falls on the shoulders of the parents. 

However, in the event of a separation or divorce, the allocation of parental responsibilities can become a source of confusion and disagreement. This blog is an essential resource for parents going through separation or divorce in Illinois. Below, we will cover common questions about parental responsibilities and allocation during these events.

Here’s what you need to know.

Q: What is considerd “parental responsibility?”

A:Parental responsibility is a set of rights and duties that a parent or a legal guardian has towards their children. Usually, parental responsibility includes both ‘parenting time’ and ‘decision making’.

Q: What is Allocation of Parental Responsibilities?

A: There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

Q: What is the process for allocating parental responsibilities in Illinois?

A: The process for allocating parental responsibilities in Illinois begins with the filing of a petition for allocation of parental responsibilities by one of the parents. The court will then conduct a hearing to gather information. From here, they will make a decision based on the best interests of the child. Both parents will have the opportunity to present evidence and testify. The court may also appoint an attorney for the child or a guardian ad litem to represent the child’s interests.

Q: What are the factors considered by the court in Illinois when allocating parental responsibilities?

A: In Illinois, the court will consider a number of factors when allocating parental responsibilities, including the child’s needs, the relationship between the child and each parent, and each parent’s ability to provide for the child’s needs. The court will also consider the following:

  • History of abuse or neglect
  • The child’s own wishes, if they are old enough to express them.

Q: What is the difference between legal custody and physical custody in Illinois?

A: In Illinois, legal custody refers to the right to make decisions about the child’s upbringing, such as decisions about education and healthcare. Whereas physical custody is based on where the child lives and who is responsible for the child’s day-to-day care. 

In many cases, the court will award joint legal custody to both parents. Meaning both parents have equal rights and responsibilities when it comes to making decisions about the child. Physical custody can be awarded either on a joint or sole basis. The court will rule in the best interests of the child.

Q: Can a parent’s allocation of parental responsibilities be modified after the initial court order in Illinois?

A: Yes, a parent’s allocation of parental responsibilities can be modified after the initial court order in Illinois if there has been a significant change in circumstances. This could include the following:

  • A change in the child’s needs.
  • A change in one parent’s living situation or ability to care for the child.
  • A change in the child’s relationship with one of the parents. 

Q: What happens if one parent is deemed unfit to have parental responsibilities?

A: If a parent is deemed unfit to have parental responsibilities, the court may award sole custody to the other parent or to a third party, such as a grandparent. This may be the case if a parent has a history of abuse, neglect, or substance abuse, or if they are unable to provide for the child’s needs. The parent’s rights and responsibilities may be limited, but they may still have the right to visit the child.

Q: Are grandparents’ rights taken into consideration in Illinois when allocating parental responsibilities?

A: Yes, grandparents in Illinois can petition for certain rights, such as visitation rights, if they have an existing relationship with the child and the court finds that it’s in the child’s best interests.

Next Steps To Consider

Protect your children’s interests during a separation or divorce by taking these steps:

  1. Establish legal custody: Legal custody determines who has the authority to make decisions about the child’s welfare, including education, healthcare, and religion. This can be joint or sole custody. In Illinois, child custody is called parental responsibilities.
  2. Create a parenting plan: A parenting plan outlines how the child will be cared for and how much time they will spend with each parent. This should include details such as a schedule for visits, transportation arrangements, and communication protocols.
  3. Communicate with your ex-partner: It is important to maintain open lines of communication with your ex-partner. Especially when it comes to the well-being of your child.
  4. Prioritize your child’s needs: The child’s best interests should always be the top priority. Put aside personal differences and work together to provide a stable and nurturing environment for the child.
  5. Seek legal advice if needed: If you have any legal questions or concerns, it is best to seek the advice of an experienced family law attorney.

Final Thoughts

The allocation of parental responsibilities during a divorce or separation can be a difficult and emotional process.  Working with a professional family law firm like Masters Law Group can provide a great help in navigating this often emotionally-charged process. 

We are dedicated to protecting your rights, and more importantly, the rights of your child/children. Our Senior Attorneys Erin E. Masters and Anthony G. Joseph have extensive experience working with cases involving children in family law conflicts. Ms. Masters is a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, Mr. Joseph is also on the list of approved Guardian Ad Litem/Child Representatives for the Domestic Relations Division of the Circuit Court of Cook County.

If you’re facing a family law issue, don’t hesitate to contact Masters Law Group for the professional assistance you need here today.

Understanding Spousal Support (Ailimony) in Illinois

When a marriage ends in divorce, couples need to try to come to an agreement as to the settlement terms. In addition to deciding the many issues regarding the children and distributing assets and debts, some spouses may also need to obtain spousal support.

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate.

Illinois courts have the authority to grant spousal maintenance, (alimony), to financially disadvantaged individuals when deemed appropriate. Maintenance is important because it ensures that both parties are able to maintain a secure lifestyle after the divorce.

Courts take into consideration several factors when determining the amount granted for spousal support. In this article, our Chicago Divorce Lawyers at Masters Law Group will provide insight on spousal support laws in Illinois, and steps you should take in your divorce to ensure you’re being treated fairly.

Are You Eligible to Receive Maintenance in Illinois?

Most people are very concerned about the amount of a spousal maintenance award or about how long the support obligation will last. However, the first question that must be asked is whether an award for maintenance is even appropriate. Spousal support is governed in Section 504 by the Illinois Marriage and Dissolution of Marriage Act. As mentioned above, the court must determine whether they can award maintenance based on the facts of your case. Here are just a few of those factors:

  • Current and future income of each party
  • Current and future financial needs of each party
  • Standard of living during the marriage
  • Length of Marriage
  • Marital agreements such as prenup or postnup

It’s important to remember that each case is different, as such the court takes a wide range of factors into consideration.

How Long Will You Receive Maintenance and How Much you Can Expect

Divorce doesn’t have to be a difficult process, but it can be made even more complicated by the way Illinois law handles maintenance.

The state of Illinois has a formula that determines the amount and duration of any maintenance award. This formula is based on the income of both spouses, as well as the length of the marriage and when divorce was filed.

If you are considering filing for divorce in Illinois, it’s important to understand these laws and what they mean for you. It is also best practice to consult a family law attorney before filing for divorce—not only will this ensure that you’re aware of your rights and responsibilities, it will also give you access to legal advice from someone who knows how things work in this state.

Modification of Maintenance in Illinois

Family law is a sensitive and complicated subject. It’s important to have the right attorney on your side, especially if you are seeking modification of a maintenance agreement. Illinois maintenance (spousal support) awards can be modified based on the following circumstances:

  • If the paying-spouse’s income goes down.
  • If the paying-spouse or recipient-spouse experiences a dramatic increase in their cost of living, (e.g unexpected illness or medical bills).
  • If the recipient-spouse is unable to become self-supporting or experiences other financial strains beyond control.

If you ever need to make changes or update your maintenance, you can contact the trusted divorce attorneys at Masters Law Group.

How Masters Law Group Can Help

Divorces usually tend to be drawn out, especially when the parties cannot agree on how to handle issues such as child support, allocation of parenting time and responsibility, spousal maintenance, and division of assets and debts.

If you need help calculating your spousal support or need help modifying your maintenance payments, the attorneys at Masters Law Group can help. 

We have a long history of legal success and know how to work with clients to get them the results they deserve. If you are wondering whether or not spousal maintenance is appropriate if you divorce, or if you think it may be time to have spousal maintenance modified due to changes in circumstances do not delay. Contact us here to speak to our experienced family law attorneys about the spousal maintenance factors involved in your situation.

Getting a Military Divorce? Here’s What You Should Know

Military regulations are clear that remarriage means that a spouse loses the military ID card and associated privileges (e.g. commissary and base exchange shopping). But there are more unique situations that are associated with military divorces. Read on to learn more. 

If you’re getting divorced and your spouse is in active military service, you may be wondering what this will mean for your divorce. Even if you and your spouse mutually decide to split, your spouse’s military status may have an affect on how your divorce goes.

Whether you are looking to file a simple no-fault divorce or if your case is more complex, Masters Law Group can help. Here’s what you need to know.

Active Duty Service Members and Divorce

If you’re a military spouse, you may be wondering whether you can pursue a divorce. The answer is yes. However, there are some limitations on what you can do.

The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who would be unable to attend divorce proceedings.

If your spouse is a member of the military, you can pursue a divorce as long as they consent. However, they have to sign a defendant’s affidavit of consent.

Uniformed Services Former Spouses’ Protection Act

If you or your spouse are an active member of the military, there’s a good chance the Uniformed Services Former Spouses’ Protection Act (USFSPA) may affect how you divide your assets.

Here’s what the USFSPA covers:

  • Commissary and exchange privileges
  • Health care coverage and other benefits
  • Military retirement pay

If you or your spouse is an active member of the military, it’s important to know that a former spouse does not automatically get a portion of the service member’s retirement pay and there are specific requirements to qualify.

What You’ll Need to File a Divorce

Even though there are a few added rules when it comes to the military divorce process, the remaining process is very similar to civilian divorce. You will still need to agree on the following:

  • Division of assets such as homes, vehicles, money and other property
  • Division of credit card debt, loans and any other outstanding debt
  • Spousal support
  • Child custody

In many cases, you can file for a no-fault divorce (Illinois is a No-Fault Divorce State) if you and your spouse agree on the terms of your divorce. If not, however, an experienced divorce lawyer can help mediate your dispute and draft a settlement agreement. 

Last Thoughts

It’s never easy to make a decision that will impact your life and the lives of your family members. But when you’re a military family, there are even more considerations to keep in mind.

Because military families face unique challenges, our firm has made it our mission to help make sure you get through this difficult time as smoothly as possible. In Illinois, you need to comply with the mandatory waiting period that exists for military families. Typically, there is a 90 day waiting period to obtain a divorce if one spouse, or both spouses, are active in the military. The Illinois Marriage and Dissolution Act requires a spouse to either reside or be stationed in Illinois for 90 days.

How Masters Can Help

We understand that military life can be difficult for families. When it comes to divorce, there are many factors to consider before making a decision about your future. 

From splitting retirement pensions to child support, at Masters Law Group, we take into account all aspects of military life when working with our clients during their divorces. We know that there are more than just two sides to every story; when working with us as your attorneys, we will give both sides equal weight as we chart out a plan that works best for everyone involved.

We can help you and your spouse understand the unique circumstance of a military divorce and ensure that you make the best decisions for your family. Contact us today to schedule your consultation.

 

What are the Differences Between Annulment vs. Divorce?

Annulment and divorce are two legal terms that refer to the dissolution of a marriage. While both annulment and divorce involve ending a marriage, there are some significant differences between the two.

So you’ve come to the conclusion it’s time to get a separation from your spouse. In Illinois, there are two different ways to end a marriage: annulment and divorce. While annulments and divorces achieve the same goal, there are some differences between them.

Annulment vs. Divorce

One of the main differences between annulment and divorce is the reason for the dissolution of the marriage. An annulment is a legal process that declares a marriage null and void. This means that the marriage is treated as if it never happened, and the parties are returned to the status of being single. In contrast, a divorce is the legal process of ending a valid marriage.

Another difference between annulment and divorce is the time frame in which they can be obtained. Annulment is typically only available within a certain time frame after the marriage has taken place. This time frame varies by state, but it is usually within a few months or a year of the marriage. In contrast, divorce can be obtained at any time after the marriage has taken place.

The state of Illinois recognizes four main grounds for annulling a marriage: illegality (void marriage), lack of consent, inability to consummate the marriage, or underage without parental consent. If a judge determines a marriage invalid, they may annul the marriage with a Judgment of Invalidity.

Obtaining an Annulment vs. Obtaining Divorce

There are also different grounds for obtaining an annulment and a divorce. Annulment is typically granted on the basis of fraud, duress, or lack of consent. For example, an annulment may be granted if one spouse tricked the other into getting married, or if one spouse was forced to marry against their will. In contrast, divorce can be granted for any reason, such as irreconcilable differences or infidelity.

Differences in Splitting Assets

Finally, there are different financial and property consequences of annulment and divorce. In an annulment, the parties are typically returned to the financial status they had before the marriage, and any property that was acquired during the marriage is divided according to state law. In a divorce, the parties may be required to divide their assets and debts in a way that is fair and equitable.

Conclusion

In summary, annulment and divorce are both legal processes for ending a marriage, but there are significant differences between the two. Annulment is a process that declares a marriage null and void, and is typically only available within a certain time frame after the marriage has taken place. In contrast, divorce is the legal process of ending a valid marriage, and can be obtained for any reason at any time after the marriage has taken place.

Why Get Legal Representation for Either?

There are several reasons why it is generally a good idea to hire a family lawyer for both annulment and divorce proceedings.

First, the legal process for both annulment and divorce can be complex and confusing, especially if you are not familiar with the legal system. A lawyer can help you navigate the process and ensure that your rights are protected.

Second, a lawyer can help you understand your options and the potential consequences of your decisions. They can explain the different grounds for annulment and divorce, and help you determine which option is best for your situation.

Third, a lawyer can represent you in court and negotiate on your behalf. If you are involved in a contested annulment or divorce, having a skilled and seasoned attorney can be especially important as they can advocate for your interests and ensure that you are treated fairly.

Fourth, a lawyer can help you protect your financial interests. Both annulment and divorce can have significant financial consequences, and a lawyer can help you understand your rights and responsibilities, and ensure that any settlement is fair and equitable.

Get in Touch Today

Overall, hiring a family law attorney can be a wise investment when it comes to annulment and divorce proceedings. A lawyer can provide valuable guidance and representation, and help you achieve the best possible outcome for your situation.

At Masters Law Group, we understand 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 contested divorce, uncontested divorce, civil union divorce, or seeking an annulment, our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.

Contact us here today to start the conversation.