While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you...Read more »
Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.
Hello! I am a teenager dealing with a very unique, bad divorce case. My mom just said that I dont have a say in what happens because Im not 18. She also found out that I have tried weed (I needed a way to escape the mental and emotion pain she puts me through). She implied that she is going to... Read more »
You are entitled to file either way. However, if you file individually, and this causes more of a loss to the marital estate than filing jointly would, your spouse can go to court to compel you to file an amended joint return. At that point, you would sort out how to equalize the refund or how much...Read more »
My soon to be ex has put in the allocation judgement that I must stay in my current city of residence for the best interest of the children, even though I will not be able to afford to live in the city anymore if he reduces child support. I need to know if he can do this. Currently we have stated... Read more »
We have agreed on a list of things but she refuses me to go in the house to get them. She wants me to hire a moving company and they go and get the items. What are the options or legal way I would have to get my things?
It is not unusual for the spouse remaining in the home to resist the other spouse's reentry. She is likely concerned about a display of bitterness, a perceived invasion of privacy, or that you might remove more than your designated items. On the other hand, requiring professional movers is a bit...Read more »
Child living with custodian parent and commute for college. Asking for College contribution petition not filed yet.without seeing financial affidavit judge already order that child support contributions will considered towards father's college contribution. Is it fair ? What can be next step ?
Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child boarding at...Read more »
The only way to gain access to his tax returns without his voluntarily showing them to you is to do it through the court. You would have to file a case involving money (e.g. child support modification), and Petition the court to require him to sign an IRS Consent form. Then, you send the form to...Read more »
I’ve been married for two months and have went through physical and verbal abuse more than I have ever before went through. It is very unhealthy for my son to be around. I’m currently unemployed so I can’t afford much but I NEED out of this situation as fast as possible.
Contact the bar association in your county, and ask for their direction. Be aware, however, that you may not qualify for an annulment. Based on the few facts you have provided, you would probably be safer filing for a divorce.
If my boyfriend and his 2 children move in to my house with me and my kids, would my income be included when they compute his child support obligation to his ex wife for his children? She seems to think it will. Also, can my ex husband use my boyfriends income to recalculate what he owes me? My... Read more »
Yes. Alternating years for child income tax exemptions is very, very commonly done. However, such exemptions were outlawed on January 1, 2018. We still use the terminology because the IRS will allow only the designated parent the child care tax credit. Talk to your accountant or tax preparer.
Life insurance provisions appear in Marital Settlement Agreements to secure the payment of child support or maintenance. They are mandatory for the most part, but the amount of the death benefit can be negotiated.
Trying to determine least expensive method for getting a uncontested divorce. If my husband and I agree on terms should we use a mediator. I was told you must go through a lawyer to file even if you use a mediator.
Mediators assist people who have difficulty reaching an agreement. The two of you have already agreed on everything, so you don't need a mediator. All you need is for a lawyer to shepherd your settlement through the legal system.
Now, a few years later we have agreed on an amount of maintenance that he will pay. Is it sufficient to just sign a document together and get it notarized or do we have to go before a judge? Thank you.
Absolutely not. The obligation must be reduced to a court order in order to be enforceable, or in order for him to get the tax deduction. Remember, whatever he pays you must be claimed as income on your taxes. However, the deduction will no longer be allowed for all maintenance orders entered after...Read more »
With the new maintenance formula adjustments, it would change my maintenance order from 2.4 years to 1.6 years, so have to ask if there is anyway to move to the new formula if the divorce was finalized in Sept. 2017.
I was ordered to pay $1095/month based off of the IM&DA (2017) version. Our salaries have changed and if we calculated the amount I would need to pay based off of our new salaries, it would increase to $1616. My ex-wife claims she should get this amount now, but the divorce agreement was signed as... Read more »
Unless your Judgment specifically provides for automatic yearly adjustments, you only have to pay the sum that is required in the Judgment. Without this language, it would be up to your ex to go back to court to seek a modification. Until then, you pay the amount in the Judgment.
I got married. But I have three kids from previous marriage. What is the protocol to relocate? Can I move with my kids with my new husband? Can the court separate my husband and I if my kids father object the relocation? He has a family of his own as well. I am the custodian and its a joint... Read more »
Until a lawyer gets to know ALL of the facts of your situation, it is next to impossible to answer your question responsibly. Offhand, however, and based on the scant info you provided, I would say your chances are slim. You don't get an automatic right to move with your new husband. The answer is...Read more »
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