In Illinois family law courts, understanding the difference between venue and jurisdiction is crucial for ensuring your case is properly handled. Here's a concise explanation of these concepts and their importance.
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An important consideration when negotiating a divorce settlement is whether there are any tax consequences for a spouse being awarded certain marital assets. Often the most equitable way to divide a marital estate is for each party to be awarded assets “in kind”, meaning similar amounts of similar types of assets. That way each party is in a similar financial position post-divorce.
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The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.5(c)(1), mandates that in determining a child's best interests for allocating significant decision-making responsibilities, the court must consider all relevant factors, including the child's wishes
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Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the allocation of college expenses between parents and the child attending college. Specifically, this section outlines the factors that a court should consider when determining the allocation of college expenses, as well as the types of expenses that are eligible for reimbursement and allocation between the parties.
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Our Family Wizard (OFW) and Talking Parents are two of the most common communication services that help streamline communication between co-parents. Typically, these applications can be downloaded onto a phone or are accessible via computer.
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There can be serious consequences for violating a court order. It is important that individuals keep themselves informed regarding court orders pertaining to their court proceedings, including deadlines and required actions, for both them and the opposing party. When a court order is violated an individual may be held in “contempt of court”.
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As the hot days of summer start to come to an end, parents all over the country begin their preparation to get kids ready and prepped to begin a new school year. Here are some tips to help start the new school year with less stress and manageable expectations.
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It is often discussed what happens when one parent is underpaying the amount of child support that they are ordered to. Although less common, there are occasions where one parent overpays the amount of child support that they are supposed to.
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It is generally known that a parent will likely have to provide child support for minor children to their coparent. However, there is also the matter of determining expenses outside of the scope of child support that a parent will need to contribute to and the percentage of that contribution.
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Child support is a monetary amount owed by one parent to the other for the support of the parties’ shared minor child or children. Child support is set by looking at both parties’ incomes and the amount of overnights each party has with the minor child(ren).
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“Paternity” refers to the legal relationship between a father and his child. This relationship is crucial for various legal, social, and emotional reasons. In family law, the determination of paternity is essential for a father to begin a case for parenting time or allocation of decision-making responsibilities.
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Oftentimes during divorce or parentage matters, the issue of which parent will receive the tax exemption for the minor child becomes a contested issue. In determining this issue, there are two relevant sections of law to examine.
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Parenting time can be restricted if the court finds that a parent has engaged in conduct that seriously endangered a child’s mental, moral, or physical health, or behavior that significantly impaired the child’s development. Under 750 ILCS 5/603.10, if a court makes this determination, then the court can enter orders with certain restrictions on a parent to protect the child.
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A parenting plan is a written agreement that allocates both decision making responsibilities and parenting time to the parties in a divorce or parentage matter. When creating a parenting plan for older children, those who are in middle school and high school, there are different things to consider than when making a parenting plan for younger children.
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Maintenance, formerly known as alimony or spousal support, are funds paid by one party to the other either during a divorce proceeding or post judgment for the other party’s support. Maintenance is awarded to a party after the court considers a variety of different factors.
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Mediation is an alternative dispute resolution method with a neutral person helping the parties find a solution to their dispute. While there are instances that mediation can be required in Illinois, there are many pros and cons to mediation. Let’s explore them to see if mediation is a fit for you.
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In certain situations, supervised parenting time may be the only safe way for a parent to see their child. Whether it be a trusted family member or friend, paid individual, or free help center, supervised parenting time may be the best decision for you and your family.
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For most individuals, going through a divorce or dealing with parenting issues can be a stressful and challenging period. Therapy is one major tool that nearly every individual will find beneficial.
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Most people have heard of prenuptial agreements, agreements entered into prior to marriage that govern in the event of divorce; however, less commonly mentioned are postnuptial agreements. Postnuptial agreements are entered into after the marriage occurs.
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During the pendency of divorce, people often wonder what rights or obligations they have in regard to health and life insurance. It is a common scenario that one spouse receives health insurance through their employer and the other spouse is included on the health insurance plan. When parties separate, a concern arises as to what the uninsured spouse will do for insurance, especially if they are not employed or not offered health benefits by an employer.
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