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DuPage County divorce attorneys, unallocated child supportChild support and spousal maintenance are two of many considerations in an Illinois divorce, and the financial obligations included in a final decree will vary based upon the unique circumstances of the parties involved. When a divorcing couple can agree to certain support issues, there are tax benefits that the couple can take advantage of by structuring payments in a certain way. An arrangement termed “unallocated” child support is attractive to both parties. Speak with an Illinois divorce attorney with experience in tax matters to see if it is an option for you.

Default Rules on Spousal and Child Support

Spousal support, commonly termed alimony, is paid by the spouse in a higher income bracket to the individual with a lower income; the intent behind spousal support is to ensure that person enjoys a similar lifestyle after the divorce as compared to when the couple shared a household. Under federal law, the payor spouse can deduct alimony payments when filing individual income tax returns. However, child support falls under a different set of tax laws and is not deductible from the payor parent’s income taxes.

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DuPage County family lawyer, divorce cases, attorney feesA recent Illinois Supreme Court opinion shed light on how attorney’s fees are handled in divorce cases, ending a battle that had both spouses in and out of court for 10 years. According to the Chicago Sun Times, the ruling means that a wealthy bankruptcy lawyer must pay his ex-wife $160,000 in attorney’s fees plus $27,500 in monthly spousal support.

In the original 2016 divorce settlement, the court ordered the man to pay a staggering $35,000 per month in alimony; he appealed that amount over the next few years. As the case dragged on, the ex-wife poured thousands of dollars into legal representation to protect her interests. The matter stands for the proposition that the parties’ respective finances are one factor involved with determining who pays attorney’s costs in an Illinois divorce case.

Petition for Attorney’s Fees

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DuPage County family law attorney, Illinois divorce caseWhen a couple decides to divorce, several steps are taken to begin the process. After the initial consultation with an Illinois divorce lawyer, your attorney will get to work on gathering information and filing the proper forms for your case. Research on property division, issues involving children, and potential strategies for spousal support will also be conducted. Additionally, your attorney will be touch with you about the work behind the scenes, which will include appearances in court. You may wonder what these hearings are about, since your case is not yet proceeding to trial. These court appearances are a necessary part of the process, so it is important to understand what is going on and what to expect.

Status Hearings 

Court appearances are scheduled by the judge to see where certain factors stand on divorce proceedings. Your attorney will attend to offer a report on whether there has been settlement on property distribution and/or spousal support, and if you and your spouse have come to an agreement on allocation of parental responsibilities and parenting time. If discovery and depositions are necessary to investigate and resolve certain outstanding issues, your attorney will update the judge.

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DuPage County family law attorneys, Illinois guardianship casesA legal battle stretching from Illinois to Indonesia found its way into a Cook County courtroom in March 2017, as a judge ruled against granting guardianship and custody to a baby’s grandmother. According to an ABC 7 Chicago News report, the infant’s parents are serving a prison sentence in a Bali murder case, having been convicted just before the child’s birth. The girl had been allowed to stay in jail with her mother until her second birthday, and her mother entrusted an Australian woman with her care on that date.

The basis of the judge’s ruling was that the child’s parents must give written consent before a decision on the grandmother’s guardianship petition would be proper. There are complicated issues involved in any Illinois guardianship case, as an experienced attorney can explain.

Illinois Probate Act

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DuPage County family lawyers, enforce parenting timeA court will make a determination of parenting time regarding minor children as part of a divorce, and both parents are expected to meet their obligations under the order. The occasional deviation from the schedule is understandable as life gets hectic for one parent or the other. However, continued incidents that deviate from the parenting time order can become a problem.

Abuse of allocated parenting time is inconvenient and discourteous, and it is also against the law. Still, it is possible to pursue enforcement under Illinois law. You may be able to proceed in a civil court to enforce parenting time, but—to give more “teeth” to the court’s order—you can also seek criminal penalties against the non-conforming parent. Talk to an Illinois parenting time lawyer about the two different options.

Enforcement in Civil Court

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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