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Determining the issue of child custody
Illinois couples considering the idea of dissolving their marriage must think in a critical way about the vital issues that accompany divorce. These issues include property distribution, spousal support and, in the event that the couple produced offspring, child custody. Spouses and their respective advocates may try to negotiate these issues and come to a settlement that suits both parties' interests on their own. However, if and whenever divorcing couples cannot come to an agreement regarding vital issues such as child custody, a family court will make binding determinations for them.
When determining the parent with whom a child will reside, the courts are not to discriminate against either gender. Fathers and mothers alike can qualify for primary custody provided that there are no issues of abuse of child endangerment attributed to them. The court is to make determinations regarding child custody with the best interest of the child in mind.
Children live with parents who have physical custody. When one parent has primary physical custody, the other parent may have visitation rights as dictated in the divorce settlement. It is also possible for divorcing spouses to arrive at a joint custody arrangement, wherein each parent lives with the child for an equal amount of time. Because many joint custody arrangements are worked out through mediation, it is important for individual spouses to retain the counsel and representation of family law lawyer, who may ensure that the parent's rights and interests are advocated during negotiations.
Factors that determine spousal maintenance in Illinois
When a couple gets a divorce, one party may receive alimony from the other. Alimony is typically awarded to help one spouse maintain a previous standard of living until he or she is able to find work and support him or herself. There are a variety of factors that a court will take into consideration when determining how much alimony to award.
One of the main factors for spousal maintenance eligibility that the court will look at is whether the couple had children. In many cases, a custodial parent may receive alimony to help pay for the added expenses of caring for that child on a daily basis. Other factors include how long the marriage lasted, the earning disparity between the two parties and whether one spouse left the workforce during the marriage.
The age and the health of both parties will also be taken into account when granting an alimony award. Courts also look at the ability of an individual's ability to earn money or maintain the lifestyle that they were accustomed to during the marriage. While an older spouse who may not be able to work may be eligible for permanent alimony, not all orders are permanent. Some orders may be temporary or may be reviewed by a judge to determine if the order should be modified or terminated.
Illinois offers simplified divorce procedure
Illinois law provides for a simple divorce, called a joint simplified dissolution of marriage, for use under specific circumstances. Not all married couples will qualify for simplified dissolution; the law includes limitations regarding income, property owned, length of the marriage and reasons for divorce. If the parties do not meet all of the requirements, they will not qualify.
The joint simplified dissolution of marriage is designed for use in divorces that include only minimum complicating factors. The reason for the divorce must be irreconcilable differences, and the parties must have attempted to reconcile and determined that reconciliation is not in their best interests. The parties must have lived apart for a minimum of six months, and they must waive the 2-year separation requirement. The marriage cannot have lasted for more than eight years.
At least one of the spouses must have lived in the state of Illinois for a minimum of 90 days prior to making the divorce filing. The simplified dissolution is not available for couples that have children, either biological or adopted, and neither spouse may seek spousal support in connection with the divorce. The combined gross income of both parties must be under $35,000 per year, and the value of all marital property must be less than a total of $10,000.
How spousal support is determined in Illinois
When a married couple decides to divorce, the issue of spousal support, also known as alimony, may arise. This matter can be decided outside of a court, but if a couple cannot come to an agreement, it will be up to a judge to determine if spousal support is owed, how much will be paid and for how long.
Spousal support may be ordered in the form property, multiple payments or one lump sum. If it is determined that spousal support is owed, a judge will consider a variety of factors when determining how much to award.
These considerations include the income and assets of each individual as well as their financial needs and the quality of life that the couple was enjoying before the divorce. A judge will also look at the earning potential of each individual and any disabilities or issues that may prevent one person from being able to support himself or herself. Another consideration is if one individual provided assistance to the other in education or career opportunities or gave up their own career to take care of their family.
The impact of an Illinois minor’s opinion about child custody
Parents make important choices for their minor children like where to live, what medical treatment to have and what schools to attend. Children might not have the decisive power adults have, but kids do have opinions. Their desires concerning child custody and visitations matter to Illinois family courts.
Wheaton parents influence what children say, think and do. A child's opinion about custody arrangements may be swayed by which parent's rules are easier to follow or material benefits – a larger bedroom at mom's house or a later bedtime at dad's. Judges, who discuss custody with minors in the privacy of a judge's chambers outside parental influence, are aware of these factors.
A court or parent can request incorporation of a child's wishes into a custody decision. Ideally, a custody order is the careful examination of several elements leading to a judgment in the best interests of the child. Neither the desires of parents nor children are ignored.
How Ohio courts make spousal maintenance decisions
In today's society, where Wheaton marriages commonly include two working spouses, some people feel financial support for an ex is unnecessary. You've probably heard former spouses refer to alimony as a type of post-marital reward, but that's not why spousal maintenance exists. Even when both spouses work during marriage, their individual financial statuses are often disparate – something that can become glaringly clear during divorce.
Spousal support seeks to balance the financial circumstances of couples as they exit marriage. Alimony can be temporary — for example, until an ex has sufficient education or employment training to self-support. Permanent spousal maintenance is less likely now than in the past, since fewer spouses today are entirely dependent upon another spouse's income.
FindLaw reports each state has its own laws dealing with alimony. Illinois courts base alimony decisions on several factors, not the least of which is a former spouse's ability to make support payments. The potential recipient also must have a legitimate need for support before spousal maintenance is considered.
Pro athletes have fame, fortune and a high divorce risk
Sports stars have many things Wheaton residents may envy – world-class athletic skills, sizeable fortunes and public recognition. There are downsides attached to being a professional athlete that might make you glad you aren't one of them. The divorce rate among well-paid, famous sports pros is 20 to 30 percent higher than the U.S. national average of about 50 percent.
Basketball superstar Michael Jordan wasn't immune from a marital break-up. He married early in his career with the Chicago Bulls and fathered three children during the marriage. Jordan divorced his wife Juanita 17 years later, after reconciliation attempts failed.
Reports in Sports Illustrated and The New York Times pegged the pro athlete divorce rate at between 60 and 80 percent. The very things people envy about sports professionals apparently contribute to problems in their marital relationships. Athletes are faced with easily-attainable temptations and spend a lot of time on the road.
Plenty of Illinois spouses with jobs that require frequent travel maintain solid marriages. However, those spouses probably don't have the added stress of being swarmed by fans, who may repeatedly invite them to participate in marriage-damaging activities. Professional athletes also have more than sufficient funds to keep them from getting bored, which they sometimes spend on all the wrong kinds of fun.
What Illinois alimony records are necessary for tax purposes?
Not every Wheaton separation or divorce includes support payments to ex-spouses. When alimony is part of separation or post-marital agreement, each party has an obligation to account for payments on tax returns. How the payments apply to a tax situation depends upon whether you are a payer or recipient.
The payments are taxable income for the person who receives spousal maintenance. The former spouse making payments generally is entitled to tax deductions. In both cases, tax agencies like the Internal Revenue Service and family courts want proof of transactions to support claims during a tax or legal dispute.
Alimony payers and recipients are advised to keep track of payment dates, amounts, methods of payment and receipts. The records may show variances - the date an alimony check is written may differ from the date an ex deposits a check. Record-keeping should include relevant check or account numbers, addresses, bank names and copies of physical evidence — cashed checks, money orders and signed and dated receipts, especially when transactions are in cash.
State resources for Wheaton parents with child support problems
Illinois family law attorneys help separated and divorced parents reach child custody and visitation agreements. Lawyers also provide guidance for setting up arrangements for child support. Some Wheaton custodial parents may not realize they can contact the DuPage County State Attorney's Office directly for help with some of these issues.
The state office, under the Illinois Department of Healthcare and Family Services, offers a variety of low cost or no-fee services to custodial parents, whether or not a parent receives government assistance. The office helps custodial parents without child support court orders to obtain them, as long as the child's parentage is clear. When the legal father of a child is unknown or in question, the office works toward establishing paternity before pursuing a child support order.
The office's Child Support Enforcement Unit safeguards the flow of child support between non-custodial parents and custodial parents. A custodial parent sometimes cannot collect back-owed support because the location of a non-custodial parent is unknown. The state has access to resources that makes finding a missing parent easier than a custodial parent's solo effort.
Billionaire Citadel head files for Illinois divorce
Emotions appear to dominate a marital breakup. In reality, decisions made at the end of a Wheaton marriage largely center around finances. The financial impact of divorce can be greatest at its extremes, especially when spouses have accumulated considerable wealth.
A high-profile Illinois couple is headed toward divorce. The 45-year-old founder of Citadel cited irreconcilable differences as the reason he wants to divorce his 43-year-old wife, Anne Dias Griffin, the head of her own investment firm. Ken Griffin and his wife have three children.
Insiders reported the Griffins were unofficially separated for at least one year before the July divorce petition. Discussions about the separation apparently began about five months ago. However, Anne Dias Griffin claimed the divorce filing was a surprise that occurred while she and the couple's children were on vacation.
The Citadel hedge fund and brokerage firm was founded the year after Kenneth Griffin graduated from college. He was married previously. Griffin and Anne Dias Griffin signed a prenuptial agreement before marrying 11 years ago.
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