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DuPage County family law attorneysEach year, an estimated 1.5 million children in the United States experience the divorce of their parents. In less populated countries like Norway, the numbers may seem less impactful, but the rate of divorce is actually around the same - around 40 percent. That, along with their low immigration rate, made them the perfect location for a study on the use of antidepressants among the now adult children of divorce. 

Gen-X and Millennials Shape Our Understanding of Divorce's Impact on Kids

Divorce used to be a fairly rare occurrence - both around the world and in the United States. Rulings were also very different back then, with mothers often receiving sole custody of the children, along with alimony and child support. Social norms (fathers were usually the breadwinners and mothers typically stayed home to care for the children), paired with the perception that mothers had a superior role in the development of children were largely responsible, but science has since challenged our understanding of familial roles, child development, and the impact that divorce can have on kids. 

Generation-X and Millennials grew up during the divorce peak period, and now that they are children, there is a new pool of potential study participants. Divorce laws had already started to change, as more fathers were actively seeking a continued connection with their children, so the outdated social norms had less of an impact on their outcomes. As such, science has determined several interesting things about divorce and kids. 

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Wheaton divorce attorneysOf all the issues that one may deal with during the divorce, those related to money tend to be the most sensitive and volatile. That is because, in this arena, mistakes can be costly, and they often have a lasting, negative impact. Thankfully, by avoiding these four commonly made money mistakes, parties can decrease their risk of experiencing significant financial loss in a divorce while also increasing their chances of receiving the divorce settlement to which they are entitled. 

Oversharing Details About Your Personal Life and Finances 

While the law does require you to provide financial disclosure to your spouse during the discovery process of your divorce, there is such a thing as oversharing. Examples of information that you may want to keep private include: 

  • An inheritance received after separating from your spouse;
  • Vacations or vacation plans that take place after the separation;
  • Information regarding spending habits or recent large purchases (even when done out of necessity);
  • Raises and promotions that are given to you after the separation; and
  • Any other windfall that occurs after you and your spouse have separated. 

Note that this information should not be shared anywhere - not even on social media, as even this information can be used as evidence in a divorce. Remember to still disclose this information to your attorney, as they can help you determine which assets may be excluded from the marital estate. 

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DuPage County spousal maintenance lawyer tax lawsNew tax laws that went into effect for this year have brought about quite a few changes. One major change, which could be bad news for those who are currently in the process of divorce, is that alimony (known as spousal maintenance under Illinois law) is no longer tax-deductible for those who pay it, and it will not be considered taxable income for those who receive it. This may be a major loss for people who are required to pay a large amount of alimony.

The 2018 Tax Cuts and Jobs Act (TCJA) is in effect now, and it applies to any divorce cases finalized after December 31, 2018. Therefore, going forward, any divorce that includes spousal maintenance will follow the new rules. Pre-2019 divorcees, however, may still qualify for the old rules.

Payors: Does Your Pre-2019 Agreement Meet Requirements for Tax-Deductible Alimony?

Many factors go into determining whether you can still deduct your spousal support payments from your taxes, including, but not limited to the following: 

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DuPage County child visitation attorney family lawMost experts agree that children thrive when they have positive relationships with both parents, along with extended family on both sides. Unfortunately, life does not always work out that way. In some cases, parents do not agree on which family members should and should not be part of a child’s life. Sometimes, a parent may even have good reason to feel that the other parent is unfit to be around their child. Typically, Illinois law allows for children of divorced parents to continue having parenting time with both parents and meaningful relationships with all of their extended family. However, there are, of course, necessary exceptions. 

What Is Considered Cause for Termination of Visitation?

Custody laws in Illinois state that unless a child’s physical, emotional, mental, and/or moral health is at stake, modifications to a child custody agreement will not be made. Of course, this can be a tough call to make, so when there is a question about the matter of a child’s safety, it will probably require an investigation and a hearing. Significant evidence that the accused party is indeed a danger to the child will have to be produced in order for the court to consider changes.

What Types of Visitation Modifications May Be Made?

Family members in the child’s life who have visitation rights which could be challenged include a parent, grandparent, sibling, or stepparent. In a “normal situation,” all of these relatives would be entitled to regular contact with the child, including in-person visits and electronic or phone contact when the child is not in their physical presence. However, if it can be proven that the child would be in danger during the course of parenting time or visitation with family members, modifications may be made.

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Wheaton DCFS child abuse investigation lawyerAlthough spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney. 

Steps to Take

A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.

It will also be valuable to you if you can gather evidence and witnesses to vouch for your reputation. Friends, neighbors, family members, or others who have spent time with you and your children may be willing to testify, whether it be to DCFS, a Guardian ad Litem, or in court, that they have seen you treat your children well and have not seen any signs of abuse. These witnesses can be great resources in your case.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
Phone630-580-6373
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, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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