Posted on September 10, 2019 in Divorce

Every couple is different, but it is not uncommon for one spouse to have most of the responsibility when it comes to the family’s finances. This can be troublesome during a divorce, because the spouse who did not handle the money during the marriage often gets the short end of the stick, especially when it comes to the asset division process. Divorce can wreak havoc on your financial well-being, especially when it comes to your credit score. If you are getting divorced, it is important to take control of your finances and ensure you come out of the divorce without taking a huge hit to your financial health and credit score.

Tips to Maintain and Improve Your Credit Score

Simply getting a divorce will not affect your credit score. However, other things that happen during a divorce can affect your credit for the worse. To protect your credit score and make sure you come out of the divorce with acceptable credit, here are a few tips you should follow:

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 Posted on September 08, 2019 in Child Support

Divorcing parents in Illinois do not negotiate child support payments in the same way they may negotiate spousal maintenance. With spousal maintenance, you may need to decide whether payments are necessary and how long they should last. With child support, those issues are predetermined. Child support is mandatory and will last until all of your children have turned 18 or graduated from high school. The formula for calculating child support is also set because the income shares table will tell you the base child support obligation that you share. However, there are still factors regarding child support that you can control.

Establishing Your Income

When calculating child support payments, parents may disagree on their respective incomes. Your income level affects the total child support obligation between the two of you and how much of that obligation you will pay. You need to accurately report your income while making sure that your spouse is not underreporting their income. Your spouse may accuse you of misrepresenting your income. If you cannot agree on each other’s incomes, a divorce court will examine your case and decide for you.

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 Posted on September 04, 2019 in Divorce

Addiction comes in many forms, whether it involves alcohol, drugs, sex or other excessive behavior. People dealing with addiction can become abusive towards the ones they love and betray their trust. It is commendable if you have recovered from an addiction, but your spouse does not have to forgive you for your past actions. You may end up divorcing despite your efforts to improve yourself. While this may be a devastating turn of events, you cannot let yourself relapse into your addiction.

Addiction and Divorce

Your marriage and your family may have been your primary motivations during your recovery. You want to be someone that your spouse and children can rely on, and that idea gave you the strength to seek help and change yourself. The divorce takes away your spouse as a pillar of support. It is also possible that the divorce court will view your history of addiction as a potential danger to your children, which could affect the allocation of parental responsibilities. Divorce is a stressful and sometimes frightening process for anyone. You may be tempted to return to your addiction because it feels comfortable and will take your mind off your anxiety. A relapse would be disastrous for yourself and your divorce. It would likely limit your parenting time with your children and distract you from what you need to accomplish in your divorce.

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 Posted on September 01, 2019 in Property Division

Most properties that you obtain during your marriage are classified as marital properties in the event of a divorce, such as items you have purchased and the income you have earned. Gifts and inheritances are the exceptions to this rule. Inheritances are assets given to you through an estate planning document, such as a trust or will, or after the probate process. Even if you inherit an asset while you are married, it is usually a nonmarital property as long as you can prove that the person who gave it to you intended for you to be the sole owner of the property. However, your decision on what to do with a property after you inherit it can make it marital property.

Commingling and Transmuting

An inherited property can become marital property if you commingle it with other marital properties or involve your spouse in its ownership or management. For instance:

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 Posted on August 29, 2019 in Prenuptial & Postnuptial Agreements

A prenuptial agreement is a useful document to have in the unfortunate event that you ever decide to divorce. With all of the turmoil in a divorce, it can be a relief to have some of the negotiation work already complete. However, a prenup should not be a static agreement that you do not examine unless a divorce occurs. Your financial means and needs have changed since your marriage began. At worst, you may discover that your agreement is obsolete once it comes time to use it. You should periodically check your prenuptial agreement during your marriage and update it if necessary.

Division of Property

A prenuptial agreement can list which items will be included in your division of marital property and who will receive them. Many of the properties listed in your original prenuptial agreement are nonmarital properties because you owned them before your marriage. When modifying your agreement you can:

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 Posted on August 28, 2019 in Family Law

Prenuptial agreements have become more common than ever, yet many couples continue to tie the knot without this form of additional security. There is a preconceived notion that prenuptial agreements are only beneficial for the wealthy; however, every couple can benefit from a prenup. A prenuptial agreement is a legal document that outlines how certain issues will be handled if the couple ever files for divorce. The agreement must be signed by both parties, of their own free will, before the wedding takes place. There are many things that you can include in a prenuptial agreement, and it is important that you consider all of your options before you sign it.

The Engagement Ring

One of the basic purposes of a prenup is to protect your personal property from being considered marital property in the event of a divorce. Since the engagement ring is given prior to the marriage, it is technically the property of the receiving spouse. In order to protect this asset, you should have your ring appraised to know its financial value, then include it as one of your personal assets.

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 Posted on August 27, 2019 in Child Custody

With the popularity of smartphone applications, it is no surprise that there are several apps related to divorce. Among these, co-parenting apps seem to be the most common. There are apps that help you create a parenting schedule, communicate with your co-parent and even make child support payments. Many apps will require you to pay a subscription fee to use their most advanced tools, and you should thoroughly research an app before you decide to rely on it for your co-parenting needs. There are several ways that a co-parenting app can be useful to a modern, two-household family:

1. Organization: Most co-parenting apps have a shared calendar feature. You could also use a basic calendar application that will not require any fees. A calendar app records your parenting schedule and can give automated reminders about when you are supposed to pick up and drop off your children. More advanced apps allow you to track and share child-related expenses, which is a helpful record when calculating child support payments.

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 Posted on August 23, 2019 in Divorce

An unfavorable ruling in a divorce or family law court is not always the end of your case. You have the right to appeal a circuit court ruling in hopes of overturning it. You have 30 days to file a notice of appeal, in which you will explain why you believe the court’s decision should be reversed or remanded. An appellate court may reverse a lower court’s decision if:

• The decision went against the manifest weight of evidence;
• The court misinterpreted or misapplied the law; or
• The trial was conducted in an unfair manner.

Appeals of divorce or family law cases are less common than with criminal cases, in which the appellant may be trying to avoid prison time. Appellate courts tend to trust the judgment of lower courts unless there is an egregious error. However, an appeal may be worth your time if you believe you have a strong argument.

Parental Responsibilities

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 Posted on August 22, 2019 in Family Law

Establishing paternity is not something that many mothers think about, since most fathers are presumed. In a legal sense, paternity is the established legal relationship between a child and their father. Establishing paternity gives both the child and the father rights that they would not have without the legal classification. Many (including Illinois courts) agree that most children thrive when they have both parents playing an active role in their lives. Not only does establishing paternity authorize legal rights, but it also helps facilitate the parent-child relationship. Many other benefits come with establishing the paternity of a child, which is why you should consider completing the legal process if your child’s paternity has not been legally recognized.

Presumed Paternity

In the state of Illinois, paternity is presumed if the mother and father were married at the time the child was born or if they were married within a 300-day time period before the child was born. If neither of those situations applies, either the mother or father must take action to legally establish the paternity of the child. This can be done by filling out a Voluntary Acknowledgement of Paternity form while at the hospital or by filing it with the Department of Healthcare and Family Services. Paternity can also be established through the use of genetic testing and an administrative or court order.

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 Posted on August 18, 2019 in Divorce

August is back-to-school time for children – as well as for some adults. If you have recently divorced, it may be imperative that you find a job that will allow you to support yourself. You may be required to do so if you are receiving spousal maintenance. Continuing education can help you start a new career or qualify for better-paying positions in your current career. However, it is also an investment of time and money that may not be worth it in some cases. Before starting on the path towards a degree or certification, you should consider your options.

Is College Necessary?

Taking college classes is expensive. Even being a part-time student at a community college can cost thousands of dollars per semester. You should explore whether you qualify for financial aid or scholarships. A court can include job training and continuing education expenses when awarding spousal maintenance. Before looking into payment options, you should evaluate whether attending college will improve your chances of getting a new job. You can ask a career counselor whether there are alternative ways to improve your skills and make yourself a better candidate.

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