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Springfield, Illinois Divorce Law Blog

Parents may adopt through Illinois 'Baby Safe Haven' law

In Illinois, April is designated as "Save Abandoned Babies Month." Sometimes, infants are born to mothers and fathers who simply are unable for very personal reasons to care for them. Sometimes these situations have caused parents to put their infant's life in danger in an act of desperation. However, an Illinois statute that addresses that issue is seeing successful results.

Parents in Illinois may be able to adopt a child through the "Baby Safe Haven" law enacted in 2001, officially named the Illinois Abandoned Newborn Infant Protection Act. Through this law, an uninjured newborn child age 30 days or younger can be given to the workers at a health care facility, a firehouse or a police station, among other locations. No questions will be asked of the parent giving up the infant, although the parent can get information about the Illinois Abandoned Newborn Infant Protection Act and their rights.

Can a parent in Illinois seek a temporary child support order?

54711468_S.jpgWhile most of the time a mother in Illinois knows who the father of her child is, even if they are no longer in a relationship with one another, other times the matter can be a bit muddled. The alleged father may dispute that the child is his, necessitating a court hearing. However, during that time the child must be cared for by either the mother or the purported father. When this happens, it may be a possibility for the parent caring for the child to obtain a temporary order for child support.

Under Illinois law, a parent can move the court for a temporary order for support if there is clear and convincing evidence as to who the child's parents are. The parent being ordered to pay support may be the child's presumed parent, a parent petitioning the court to have parentage adjudicated, identified as the child's biological father via genetic testing, a man alleged to be the child's father who has refused to undergo genetic testing, a person who, through clear and convincing evidence, has been shown to be the child's father, the child's mother or any other person the court deems to be the parent of the child.

Divorce: marriage may be romantic, but prenups are practical

7833693_S.jpgWhile "love" is one of the first words a person in Springfield associates with the word "marriage," in fact there are many practical aspects of marriage that should not get lost in the haze of romance. Therefore, some couples find that it can help to have a prenuptial agreement (prenup) in place.

There are a number of good reasons to create a prenup. If it is a person's second marriage, and that person has children from a prior marriage, a prenup can ensure those children are not disinherited. In addition, if a person has a business, a prenup can list that business as separate property, so that it will not be subject to property division. Also, if a person enters the marriage with a great deal of debt, a prenup can ensure that the other spouse does not incur that debt. If one spouse leaves the workforce while married to take care of the home, a prenup can ensure that, in the event of a divorce, that spouse receives an appropriate amount of compensation for giving up what may have been a lucrative career. Prenups can also address property division and spousal support.

Changes to child support in Illinois coming July 1

42892638_S.jpgWhile it may take a village to raise a child, the more practical matter is that it takes money to raise a child. Children need love, of course, but they are dependent on their parents to provide them with the food, clothing, shelter, schooling, health care and all other aspects of a well-rounded childhood. Therefore, if a child's parents are no longer in a relationship with one another, the noncustodial parent will usually be ordered to pay child support to the custodial parent.

Parents in Illinois, whether they are paying or receiving child support, should take note of some significant changes to the program that will become effective July 1. The formula for calculating child support has been overhauled, so that it is more in line with the formulas used in other states.

Be mindful of capital gains tax in a high asset divorce

42865868_S.jpgIn a recent post, we discussed the income tax treatment of alimony payments. For Springfield residents, who are going through a divorce or who were divorced last year, there are other significant tax implications. One of these is the capital gains tax and its impact on the divorce property division.

When assets are transferred between the parties to a divorce, the IRS does not treat the transfer as a taxable event. But, when a spouse who receives an asset in the divorce later sells that asset, he or she may be liable for capital gains tax on the sale.

Family law situations are stressful; don't go it alone

42271021_S.jpgAny type of family squabble can be a stressful experience. These situations, however, can take on a heightened amount of stress when they grow into a legal dispute. Whether the situation is divorce, child custody, property division or a number of other family law issues, it's crucial to have a level-headed ally on your side.

These types of situations can breed a considerable amount of stress and emotional frailty, through no fault of your own. Events such as divorce and dealing with child custody are some of the most life-changing one can experience, so it's not surprising that it can be difficult to keep a calm and level-headed demeanor. Lashing out because of the emotional stress, however, is not productive to your situation at all. It can, in fact, taint the court's view of your situation and possibly sway the outcome.

Are alimony payments tax deductible?

30807003_S.jpgNow that tax season is upon us, Springfield-area residents who have recently been divorced may be wondering about the tax consequences of their marital dissolution. In this week's post, we'll look at the tax treatment of alimony payments. Alimony, also referred to as spousal support, refers to payments made by one former spouse to help the other recover financially after a divorce.

For the paying spouse, alimony payments are deductible, as long as the payor and the former spouse do not file a joint return for the year in question. The flip side of deductibility for the paying spouse is that alimony is considered taxable income for the recipient spouse. The payments must be reported on Line 11 of Form 1040.

Let us advise you regarding your Illinois military divorce

33822199_S.jpgMany people find the topic of divorce in general to be confusing. Whether it's the large amount of arcane legal knowledge involved or the prospect of negotiating with one's spouse over property division matters, most people leave much of the details to divorce lawyers. Imagine, then, facing a military divorce. This adds military law to the mix, making it that much more complicated for most folks.

How can military divorce be more complicated than civilian divorce? Not too long ago, we told you about how TRICARE health care military benefits might be provided to non-military spouses in a divorce. Basically, the non-military spouse may be eligible for TRICARE benefits if the military spouse meets certain requirements involving length of service and length of marriage. For a person grappling with the effects of a divorce, figuring this all out can be kind of intimidating.

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