Category: Divorce

What Is Included in “Gross Income” For Calculating Spousal Maintenance in Illinois?

Posted on by Louis Fine

“How much do you make?” While that may not be an appropriate or welcome question in casual conversation, it is the fundamental inquiry used to calculate the amount of spousal maintenance obligations awarded in an Illinois divorce. But for many divorcing couples, especially for those with high-net-worth, significant investments, or multiple sources of wealth, determining the actual amount of “income” which will be the foundation of these calculations involves a lot more than looking at pay stubs. Whether you are seeking a maintenance award or want to keep any such payments to a minimum, it is important to understand what constitutes “income” under Illinois Marriage and Dissolution of Marriage Act (the “Act”)

New Spousal Maintenance Guidelines  

In response to the 2017 federal tax overhaul that eliminated the tax deduction for spousal maintenance payments, Illinois lawmakers in 2018 changed the guidelines for determining how monthly payments are calculated.

As of 2018, these guidelines now apply to couples with a combined “gross income” of less than $500,000. For divorces finalized in 2019 or later, the award should be 33.3% of the payor’s net (not gross) income, minus 25% of the recipient’s net (not gross) income. The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee receiving an amount that is more than 40% of the combined net income of the parties.

Since net income is derived from gross income, defining the spouses’ “gross income” is the key to figuring out maintenance awards, both under the guidelines and for couples over the $500,000 threshold.

“Gross Income” Defined

Section 504 of the Act, which covers spousal maintenance, defines “gross income” as “all income from all sources,” and refers to the definition of gross income used in Section 505 of the Act regarding child support. Under that section, “gross income” means “the total of all income from all sources, except for:

  • Public assistance benefits
  • Benefits and income received by the parent for other children in the household.

Outside of those exceptions, almost every dollar, every appreciation in value, every dividend paid and every capital gain is included in gross income. The Illinois Supreme Court has ruled that the definition of “income” under the Act mirrors that found in Webster’s Dictionary:

“As the word itself suggests, ‘income’ is simply ‘something that comes in as an increment or addition * * *: a gain or recurrent benefit that is usu[ually] measured in money * * *: the value of goods and services received by an individual in a given period of time.’”

In re Marriage of Rodgers, 213 Ill. 2d 129 (2004)

Over the years, Illinois courts have made decisions about the specific forms of income to be included in gross income for purposes of spousal maintenance calculations. These include:

  • Monetary gifts
  • “Loans” in name only, such as those from a family member, a corporation, or a business the payor spouse has an ownership interest in when there is little or no expectation that the loan will be repaid or any evidence to support the claim that it is a loan rather than a gift -such as documentation, requests for repayment, or reporting the money as a loan on tax returns.
  • Salaries, bonuses, and commissions
  • Pension proceeds
  • Workers’ compensation benefits
  • Interest and appreciation of an IRA
  • Liquidation of an IRA
  • Distribution of stock sold pursuant to an employment bonus-based option

Spousal Maintenance Questions? Call Chicago Divorce Attorney Louis Fine Today

An experienced divorce attorney, working in concert with accounting and tax professionals, can ensure that the amounts used to calculate maintenance obligations include every appropriate income stream and exclude those carved out by the law so that any maintenance award is fair and equitable.

If you have questions or concerns regarding gross income or spousal maintenance generally, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation.

Dogging It: Voluntarily Tanking Your Income Won’t Get You Out of Your Child Support Obligations

Posted on by Louis Fine

Divorce can bring out the worst in people. Underhanded actions and tricks designed to hurt the other spouse and gain an advantage in the proceedings are all too common. In many cases, a spouse will engage in devious tactics to try to reduce the amounts he or she must pay for child support.

Since support obligations are in part determined based on the assets and income of the parent from whom payments are sought, a less-than-honest spouse may try to make it appear that they have significantly less money than they actually do. This can involve concealing or transferring assets. Sometimes, however, a spouse will also intentionally reduce their income through “voluntary underemployment” or taking a job that pays less than they previously were earning, solely to stick it to the other parent or deny them the child support they deserve.

Luckily, Illinois law provides a way for parents who are intentionally tanking their income to be held to account.

“Potential Income” Used to Determine Child Support Obligations

In Illinois, the basic formula for arriving at a child support amount (subject to variations based on specific circumstances) involves:

  • calculating each parent’s net income, then
  • combining net incomes to determine Total Family Income, then
  • using the Illinois Child Support Estimator to determine the Basic Child Support Obligation, then
  • allocating the Basic Child Support Obligation proportionally based on net incomes.

Initial support obligations are calculated as part of the divorce proceedings but can later be modified at the request of one of the parents if there has been a substantial change in circumstances, such as an increase or decrease in the amount of one of the parent’s incomes. But if it can be shown that a reduction in a parent’s net income – such as quitting a job or taking a much lower paying job – was voluntary and done in bad faith, an Illinois court can base its support calculations on the parent’s “potential income” rather than their actual, reduced income.

Specifically, Section 505(a)(3)(F)(II)(3.2) of the Illinois Marriage and Dissolution of Marriage Act provides that If a parent is “voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income.” A court will calculate that income by determining the parent’s employment potential and probable earnings level based on:

  • the parent’s work history
  • the parent’s occupational qualifications,
  • prevailing job opportunities
  • the ownership by a parent of a substantial non-income producing asset, and
  • earnings levels in the community.

If there is insufficient work history to determine employment potential and probable earnings level, there is a rebuttable presumption that the parent’s potential income is 75% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for a family of one person.

Every one of us has our own unique career journey which can include ups and downs, setbacks and advancements. Whether a parent’s career choices will be held against them in terms of their child support obligations will depend on their unique facts and circumstances and whether or not those choices were made in good faith or were made solely to skirt their obligations under the law.

Louis R. Fine – Chicago Child Support Attorney

If you have questions about child support, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. I look forward to assisting you

“Potential Income” Used to Determine Child Support Obligations

In Illinois, the basic formula for arriving at a child support amount (subject to variations based on specific circumstances) involves:

  • calculating each parent’s net income, then
  • combining net incomes to determine Total Family Income, then
  • using the Illinois Child Support Estimator to determine the Basic Child Support Obligation, then
  • allocating the Basic Child Support Obligation proportionally based on net incomes.

Initial support obligations are calculated as part of the divorce proceedings but can later be modified at the request of one of the parents if there has been a substantial change in circumstances, such as an increase or decrease in the amount of one of the parent’s incomes. But if it can be shown that a reduction in a parent’s net income – such as quitting a job or taking a much lower paying job – was voluntary and done in bad faith, an Illinois court can base its support calculations on the parent’s “potential income” rather than their actual, reduced income.

Specifically, Section 505(a)(3)(F)(II)(3.2) of the Illinois Marriage and Dissolution of Marriage Act provides that If a parent is “voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income.” A court will calculate that income by determining the parent’s employment potential and probable earnings level based on:

  • the parent’s work history
  • the parent’s occupational qualifications,
  • prevailing job opportunities
  • the ownership by a parent of a substantial non-income producing asset, and
  • earnings levels in the community.

If there is insufficient work history to determine employment potential and probable earnings level, there is a rebuttable presumption that the parent’s potential income is 75% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for a family of one person.

Every one of us has our own unique career journey which can include ups and downs, setbacks and advancements. Whether a parent’s career choices will be held against them in terms of their child support obligations will depend on their unique facts and circumstances and whether or not those choices were made in good faith or were made solely to skirt their obligations under the law.

Louis R. Fine – Chicago Child Support Attorney

If you have questions about child support, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. I look forward to assisting you

More Changes Coming to How Illinois Spousal Maintenance Breaks Down After a Marriage Does

Posted on by Louis Fine

Once again, changes to Illinois law have and will alter how spousal maintenance awards are determined in divorce proceedings. Amendments to Sections 504 and 505 of the Illinois Marriage and Dissolution of Marriage Act, some of which became effective in 2018 and others which will be effective on January 1, 2019, come only three short years after legislators for the first time established specific formulas for calculating the amount and duration of spousal maintenance payments.

These changes tweak the calculation guidelines that were set in the last round of amendments. The 2018 changes altered the threshold for applying the guidelines and the percentages used in determining how long a spouse will be required to make maintenance payments. The 2019 changes as to how maintenance amounts will be calculated were a direct reaction to changes in federal tax law that eliminated the tax deduction for alimony payments.

Increase in Gross Income Level for Application of Guidelines

The guidelines established in 2015 only applied when the combined gross income of the parties was less than $250,000 and no multiple family situation existed. As of 2018, this formula now applies to couples with a combined gross income of less than $500,000, significantly increasing the number of divorces which will involve its use when maintenance is deemed appropriate.

Amount of Maintenance Payments

For divorces finalized on or before December 31, 2018, all amounts paid for spousal maintenance or alimony reduce the payor’s taxable income by the same sum. For most folks paying maintenance, this deduction represents a significant tax savings that can ease the burden of supporting an ex.

But the GOP tax plan passed a year ago eliminated that tax deduction for divorces finalized after the end of this year. Maintenance will no longer be deductible for the spouse who pays maintenance while the recipient can no longer include maintenance payments as taxable income. It is important to note that the deduction will still apply going forward for divorces entered this year or earlier.

In response to this significant change, Illinois modified the formula used to calculate maintenance awards. The current statutory formula provides that a maintenance award should equal 30 percent of the payor’s gross income, minus 20 percent of the payee’s gross income.

Example:

  • Husband’s annual gross income = $100,000 (30% = $30,000)
  • Wife’s annual gross income = $45,000 (20% = $9,000)
  • $30,000 – $9,000 = $21,000 in annual spousal maintenance to wife.

The amount calculated as maintenance, however, when added to the gross income of the payee, may not result in the payee receiving an amount that is more than 40% of the combined gross income of the parties.

For divorces finalized in 2019 or later, those guidelines are now as follows:

  • The award should be 33.3% of the payor’s net (not gross) income, minus 25% of the recipient’s net (not gross) income.
  • There will still be a 40% cap, but it will now be calculated using the combined net income of the parties rather than gross income.

Duration of Maintenance Payments

Under both the old and new laws, how long a spouse is required to pay maintenance is based on the length of the marriage. Before 2018, judges were to use the following formula in determining how long payments must continue:

  • Married 0 – 5 years = 20% of the duration of the marriage
  • Married 5 – 10 years = 40% of the duration of the marriage
  • Married 10 – 15 years = 60% of the duration of the marriage
  • Married 15 – 20 years = 80% of the duration of the marriage
  • 20 or more years = court has the discretion to order either permanent maintenance or maintenance equal to the length of the marriage.

Under this formula, for example, a 5-year marriage would result in a 1-year maintenance obligation, while a 10-year marriage would result in 4 years of maintenance payments.

The new formulas are broken down in more detail such that the percentages that apply to an 11-year marriage, for example, are now different than they are for a 14-year one. Specifically, the duration of maintenance obligations are now as follows:

  • less than 5 years (.20)
  • 5 years or more but less than 6 years (.24)
  • 6 years or more but less than 7 years (.28)
  • 7 years or more but less than 8 years (.32)
  • 8 years or more but less than 9 years (.36)
  • 9 years or more but less than 10 years (.40)
  • 10 years or more but less than 11 years (.44)
  • 11 years or more but less than 12 years (.48)
  • 12 years or more but less than 13 years (.52)
  • 13 years or more but less than 14 years (.56)
  • 14 years or more but less than 15 years (.60)
  • 15 years or more but less than 16 years (.64)
  • 16 years or more but less than 17 years (.68)
  • 17 years or more but less than 18 years (.72)
  • 18 years or more but less than 19 years (.76)
  • 19 years or more but less than 20 years (.80)

For a marriage of 20 or more years, a judge has the discretion to order maintenance for a period equal to the length of the marriage or for an indefinite term.

Judge May Deviate From Guidelines But Must Explain Why

While a judge is not required to follow the new guidelines, if they deviate from them they must explicitly state in their findings the amount of maintenance or duration that would have been required under the guidelines and the reasoning for any variance from the guidelines.

If you have questions or concerns regarding these changes or spousal maintenance generally, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation.

What’s in Fido’s Best Interest? Pets Treated More Like Kids Under Changes to Illinois Divorce Law

Posted on by Louis Fine

Your dog or cat may spend a lot of time lying around your house like a piece of furniture. Up until this year, a piece of furniture was an apt description of how Illinois law treated pets when their owners got divorced. Pets were considered items of personal property, subject to division under equitable distribution principles. But Illinois legislators finally recognized that our pets are much more than personal property, no matter how much they lay around. They are friends, companions, and family members.

That is why, as of January 1st, Illinois law allows judges to consider the post-divorce fate of pets much in the same way they do with children – by considering what is in the pet’s best interests or, to use the language of the new law, the pet’s “well-being.”

Public Act 100-0422 provides that spouses can enter into an agreement, or a judge can enter an order, “allocating the sole or joint ownership of or responsibility for a companion animal.” With the exception of service animals, which are excluded from this provision since they are critical to one of the two spouses, a “companion animal” under the new law could be any animal, not just dogs and cats. There are no doubt couples who have become very attached to their pet ferrets, potbellied pigs, and iguanas, and they too can avail themselves of the new law’s benefits.

While pets are no longer considered personal property, they must be considered a “marital asset” in order for a judge to allocate ownership and responsibilities between the spouses. As a practical matter, this means that only those pets acquired during the marriage are subject to the new law.

The issue of “pet custody” predates this change in the law, and the often-contentious nature of disagreements about pets during divorce was one of the reasons behind the new statute. What makes this law interesting is how judges may look at a pet’s “well-being.” For example, will a judge look at the relationship between each spouse and the pet, including who is responsible for their care and feeding, who takes it to the vet, or who walks it more? The law leaves “well-being” undefined.

As with all other matters involved in divorce, it is almost always better for a couple to reach a negotiated agreement about the care of their pet going forward. You can develop a “parenting plan” similar in many respects to the one parents must prepare. It can allocate time and responsibilities between the spouses, allowing them both to enjoy the companionship of their furry (or scaly) friend.

If you do decide to draft a shared “custody” agreement, don’t forget to include important details about which party will bear the costs of maintaining the animal. Include language that specifies who is responsible for veterinarian visits, grooming, food, and end-of-life decisions. You would be surprised how often people disagree on caring for terminally ill or ailing animals. Address these issues now before emotions take over.

If you have questions or concerns regarding this change in Illinois law, your pets, or any other issues relating to divorce, please give me a call at (312) 236-2433 or fill out my online form to arrange for a free initial consultation.

If You Pay Spousal Maintenance, You’ll Pay More So the Ultra-Rich Can Get Tax Cuts Under Proposed GOP Plan

Posted on by Louis Fine

 

Divorce is already a painful proposition. It can be an expensive one as well. And if one iteration of the Republican tax scheme currently making its way through Congress actually becomes law, divorce will be even more painful and more expensive for those making spousal maintenance payments.

Under current law, all amounts paid for spousal maintenance or alimony reduce the payor’s taxable income by the same sum. For most folks paying maintenance, this deduction represents a significant tax savings that can ease the burden of supporting an ex.

Republicans Want “Divorce Penalty” to Pay for Tax Cuts for the Wealthy

If the GOP has its way, however, that deduction will disappear in order to pay for sweeping tax cuts for the ultra-wealthy. Section 1309 of the Republicans’ so-called “Tax Cuts and Jobs Act” includes a controversial provision that would eliminate the break divorcees get for paying alimony.

This would be unfair, unwise, and unwelcome for almost every person on the hook for maintenance payments.

The additional financial strain created by eliminating this crucial deduction could lead to more tension and disputes during the divorce process. For people who are struggling with the financial fallout of a divorce, including paying for two separate households, the loss of another $5,000-$15,000 per year could be devastating.

Impact on Illinois Maintenance Awards Unclear

In 2015, Illinois enacted significant changes to the law which established guidelines for how judges calculate the amount and duration of spousal maintenance awards. The guidelines only apply where the combined gross income of the parties is less than $250,000 and no multiple family situation exists. For couples within that threshold, the new law provides that a maintenance award should equal 30 percent of the payor’s gross income, minus 20 percent of the payee’s gross income.

If the spouse paying maintenance loses thousands of dollars annually because the GOP eliminates the tax deduction for those payments, it could impact how that gross income is calculated in a way that could hurt both spouses.

Call Me If You Have Questions

Obviously, the GOP’s plans have yet to be finalized and there is a long way between the hundreds of proposals in the plan and an actual piece of passed and signed legislation. But if the Republicans get their way and eliminate the spousal maintenance deduction, it represents just another way that those already struggling to meet their obligations will bear the burdens of making the ultra-rich ultra-richer.

If you are considering a divorce and have questions about how these proposed changes to the law may impact your decision-making, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation.

Parents Can’t Rely on “Off the Books” Child Support Agreements

Posted on by Louis Fine

During a divorce, the more issues the parties can reach agreement on, the better. It is almost always in both spouses’ best interests to resolve disputed matters on their own rather than having a judge impose a solution upon them. But there are limits as to what parties can agree to, especially when it comes to child custody and child support issues.

Before any such agreements can become part of a final Illinois divorce decree, a judge needs to approve them to ensure that they comply with the law and are in the best interests of the child. But long after the ink has dried on the divorce judgment, parents may mutually decide to change arrangements as to custody, visitation, or support. If they do so without court approval, however, it may come back to bite them in a very costly way.

Court Approval Needed for Any “Agreement” Modifying Support

Several Illinois cases have dealt with variations of the following situations: A custodial parent “agrees” not to enforce the non-custodial parent’s existing child support obligations. Maybe the non-custodial parent agreed to no longer be involved in the child’s life in exchange for being released from his or her obligations, or perhaps the custodial parent decided not to push the issue for a period of time because the other parent had fallen on hard times. Sometimes, a parent may take no action for years to seek payment of past due child support amounts, leading the other parent to believe that they are no longer on the hook. But nobody ever asks the court to officially modify the support or custody arrangements contained in the final judgment for dissolution of marriage.

What inevitably happens next? The parent owed many years-worth of child support payments decides to file a motion seeking the past due amounts from the other parent, much to that parent’s shock and consternation. That shock will be compounded with the need to write a huge check when the judge rejects the arguments that there was an “agreement” or that it is unfair to expect payment of this huge sum all at once when their spouse sat on their hands for years doing nothing to enforce support obligations.

Agreements Unenforceable, Delay in Enforcement Irrelevant

In the case of In re Marriage of Smith, for example, a mother petitioned the court to order her ex-husband to pay $60,000 in past due child support payments that had accrued over almost two decades. The husband claimed that the mother told him that she would waive her right to periodic support payments if he purchased several unspecified items for the girls, which he did.

The court found that no such agreement actually existed, and entered a judgment against the father for all past amounts due. But the court emphasized that even if there was such an agreement, it would be unenforceable, and any defenses premised on either an agreement or on a delay in seeking enforcement of child support obligations were invalid.

Specifically, the court held that:

  • Agreements modifying support without judicial approval are unenforceable. Allowing former spouses to modify a court-ordered child support obligation by creating a new agreement between themselves without judicial approval would circumvent judicial protection of the children’s interests. Therefore, parents may create an enforceable agreement for modification of child support only by petitioning the court for support modification and then establishing, to the satisfaction of the court, that an agreement reached between the parents is in accord with the best interests of the children.
  • Unreasonable delay in bringing a child support enforcement action is not a defense. Under Illinois law, the defense of “laches” is premised on the idea that a claim should be barred if the claimant’s unreasonable delay in raising that claim has prejudiced the opposing party. But the Illinois Supreme Court has held that, in the context of a laches defense to a claim for a support arrearage, a spouse is not injured simply because he is forced to pay the accumulated support in one lump sum as opposed to weekly payments as ordered. Similarly, it won’t likely be considered prejudicial for a payor to have to go back and assemble years-worth of financial documents which he or she failed to previously provide as required in the original support order.

All of the foregoing is not to say that divorced parents shouldn’t agree to changes to their support, visitation, or custody arrangements if they believe it would be mutually beneficial and be in the best interests of their child. But if a judge doesn’t sign off on that agreement, it isn’t worth whatever paper it may have been printed on.

More Fairness + More Complexity = New Illinois Child Support Law

Posted on by Louis Fine

Following the massive overhaul of Illinois divorce and family law that became effective last year, additional changes have been made that will alter how child support obligations are calculated in the state. If you pay or receive child support, you may be able to modify the established amounts after the law becomes effective on July 1, 2017.

Hard Percentages Replaced By “Income Shared” Approach

Currently, the calculation of child support in Illinois is based on a pretty simple formula. A hard percentage of the non-custodial parent’s net income is used to determine the amount that he or she has to pay, with that percentage going up for each additional child who needs support.

But when parents divide parenting time more or less equally, and a child spends significant time staying with the “non-custodial” parent, putting all of the support obligations on that parent, or not taking into account the income of the other parent, doesn’t make much sense.

Many other states recognized this reality and changed their child support laws as part of the same alterations Illinois adopted last year, when terms like “custody” and “visitation” were replaced with “allocation of parenting time” and “allocation of parental responsibilities.”

Now, child support will be “allocated” between the parents just as time and responsibilities are. Specifically, the old percentage formula has been replaced by what is called an “income shared” approach under which each parent is designated a portion of child support obligations depending on how much they financially contributed to the overall household income when the marriage was still intact. It also takes into consideration the amount of time the child spends with each parent pursuant to the agreed-upon or court-ordered parenting plan that is now part of every Illinois divorce involving children.

How the New Child Support Law Works

Starting July 1, child support will be calculated by:

  • calculating each parent’s net income, then
  • combining net incomes to determine Total Family Income, then
  • using a chart contained in the new law to determine the Basic Child Support Obligation, then
  • allocating the Basic Child Support Obligation proportionally based on net incomes.

But there’s more. If each parent exercises 146 or more overnights per year with the child, called “shared parenting, the Basic Child Support Obligation is then multiplied by 1.5 to calculate the shared care child support obligation. Then, using the percentage of time the child spends with the other parent, child support is calculated from one parent to the other. Then, the two amounts are netted out.

Seem confusing? It is. While the new law may result in more equitable child support arrangements, it also will also result in more complexity in determining what those arrangements will be. A seasoned Illinois child support lawyer can help you navigate these changes to the law and advise you of your rights and options.

Louis R. Fine – Chicago Child Support Attorney

If you have questions about child support and how the changes to Illinois may affect you and your children, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.

Protecting Yourself From Domestic Violence During an Illinois Divorce

Posted on by Louis Fine

The decline of a marriage and the divorce which usually follows are times fraught with intense emotions. For most, those intense feelings will at worst manifest themselves as angry words or petty insults. For others, however, the inability of one spouse to control their emotions crosses the line into domestic violence.

While domestic violence is not a problem exclusively directed at women, they are overwhelmingly the victims of abuse and physical violence arising out of marriages and romantic relationships. There is no excuse for it, and it is a serious criminal offense, as it should be.

Whether domestic violence is the cause of or a response to divorce proceedings, victims and potential victims need protection from their abusers. While imperfect, Illinois law provides tools that can help shield spouses and their children from abuse and minimize the potential for future violence.

Orders of Protection: Available for More Than Physical Violence

The Illinois Domestic Violence Act (750 ILCS 60/101, et seq.) was enacted into law in 1986 with the express purpose of, among other things:

“Support[ing] the efforts of victims of domestic violence to avoid further abuse by promptly entering and diligently enforcing court orders which prohibit abuse… so that victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services…”

Under the Act, victims of domestic violence at the hands of their spouse can petition the court for an order of protection. The Act as written defines “violence” expansively; Orders of protection can be obtained against an abuser for transgressions beyond just physical acts. In addition to physical violence, a petition for a protective order can be filed against a spouse who engages in:

  • Harassment, which includes:
    • creating a disturbance at petitioner’s place of employment or school;
    • repeatedly telephoning petitioner’s place of employment, home or residence;
    • repeatedly following petitioner about in a public place or places;
    • repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner’s windows;
    • improperly concealing or threating to kidnap the petitioner’s child;
    • threatening physical force, confinement or restraint on one or more occasions.
  • Intimidation of you or your children
  • “Interference with personal liberty,” which means threats that cause the petitioner to do or not do things he or she otherwise would do

Obtaining an Order of Protection

If you have yet to file for divorce, you can seek an order of protection by filing a petition with the court. If a divorce proceeding is pending, you can file a petition for a protective order in that case before the same judge who is presiding over your divorce. This allows the judge to take the abuser’s actions into consideration for matters beyond just the issuance of a protective order, such as custody, visitation, child support, and property division.

If the judge does enter an order of protection, that order can prohibit the abuser from having any contact with you or your children, restrict their rights to visitation with your children, and place other limitations on their conduct. Any violation of the court’s order can result in fines and jail time and further impact the abuser’s rights in your divorce case.

Additional Resources

Orders of protection can be a powerful deterrent against acts of domestic violence and offer victims a sense of security and peace of mind. Of course, victims should not hesitate to call the police in the event of violence, abuse, or harassment. Additionally, the Illinois Department of Human Services offers a free, confidential, 24-hour Domestic Violence Helpline at 1-877-TO END DV or 1-877-863-6338.

There are also many private organizations in Illinois that provide assistance and support to victims of domestic violence. One such organization is Apna Ghar in Chicago’s Uptown neighborhood. You can find a list of additional organizations in Chicago and Illinois here.

Louis R. Fine – Trusted Chicago Divorce Attorney

If you are considering divorce and are looking for counsel, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.

Family Planning: Divorcing Parents in Illinois Now Need to Submit a Parenting Plan to the Court

Posted on by Louis Fine

Marriage involves a lot of plans – financial plans, estate plans, retirement plans, vacation plans, plans for the future. Divorce requires a lot of planning as well, and as of January 1, 2016, divorcing parents in Illinois will need to agree to a parenting plan.

As part of the sweeping changes to Illinois divorce law that went into effect at the beginning of this year, all divorcing couples with children will need to submit a parenting plan to the court. This requirement is designed to bring clarity and reduce conflict regarding the logistics of parenting together but separately.

What is in an Illinois Parenting Plan?

A parenting plan should address all of the major issues and decisions – both big picture and day-to-day — involved in raising a child. Under the new language of the revised law, parenting plans involve the allocation of “parenting time’ and “parental responsibilities.”

Section 602.10(f) of the revised Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.10) contains a long list of issues and subjects that “at a minimum, a parenting plan must set forth.” These include:

  1. an allocation of significant decision-making responsibilities;
  2. provisions for the child’s living arrangements and for each parent’s parenting time, including either;
    • a schedule that designates in which parent’s home the minor child will reside on given days; or
    • a formula or method for determining such a schedule in sufficient detail to be enforced in any subsequent proceedings;
  3. a mediation provision addressing any proposed reallocation of parenting time or parental responsibilities;
  4. each parent’s right of access to the child’s important records, including medical, dental, psychological, and child care records, as well as school and extracurricular records, reports, and schedules;
  5. a designation of the parent who will be denominated as the parent with the majority of parenting time (formerly known as the “custodial parent”);
  6. the child’s residential address for school enrollment purposes only;
  7. each parent’s residence and work address and phone number,
  8. a requirement for 60-days’ notice to the other parent of a change in residence;
  9. provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues;
  10. transportation arrangements between the parents;
  11. provisions for communications, including electronic communications, with the child during the other parent’s parenting time;
  12. provisions for resolving issues arising from a parent’s future relocation, if applicable;
  13. provisions for future modifications of the parenting plan, if specified events occur;
  14. provisions for the exercise of the right of first refusal, if so desired, that are consistent with the best interests of the minor child as to certain issues;

When Does a Parenting Plan Have to be Submitted?

A written parenting plan agreed to by the parties needs to be submitted to the court for approval within 120 days after service of a petition for allocation of parental responsibilities or the filing of an appearance, except for good cause shown.

What if the Parties Can’t Agree to a Parenting Plan?

There is a lot of ground to cover in a parenting plan, and despite good faith efforts, the practical and emotional complexities of parenting after divorce may make reaching an agreement challenging if not impossible. When that happens, “the court shall order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan…” 750 ILCS 5/602.10(c).

If mediation is unsuccessful in helping the parents agree to a plan, then each parent is to submit their own proposed plan to the court. The court will then make a determination as to how parenting time and parenting responsibilities are to be allocated based on the best interests of the child. Similarly, if neither party submits a proposed plan, the court will hold evidentiary hearings to allocate parental responsibilities.

As with most aspects of divorce, reaching a negotiated resolution of parenting issues is always preferable to protracted conflict that ultimately takes the decisions out of the parents’ hands and puts them in the hands of a judge. Illinois’ new parenting plan requirement is a pretty clear effort to help divorcing parents reach such resolutions as quickly and completely as possible.

Louis R. Fine – Trusted Chicago Divorce Attorney

If you are considering divorce and are looking for counsel, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.

13 Things You Should Know Before Meeting with a Divorce Lawyer

Posted on by Louis Fine

One of the most important decisions you will make during your divorce happens early on, when you research, meet with, and retain a divorce lawyer. Your lawyer will be your ally, your advisor, and your advocate throughout the divorce and beyond. It is imperative that you know what to look for in a lawyer and that you make your choice wisely.

In order for your first meeting with your lawyer to be as productive as possible, you need to be completely candid and honest. Remember, everything you discuss is protected by the attorney-client privilege. Tell the lawyer your concerns and goals, and ask any and all questions you may have. Remember, when it comes to your divorce, nothing is unimportant if it is important to you.

Your lawyer is going to have questions for you as well. He or she will want to have a complete picture of your situation in order to offer you the best advice and develop the best strategy for helping you reach a resolution that protects your rights and achieves your objectives.

In order to help your attorney do this, you will want to gather information and documentation that will not only familiarize him or her with your circumstances but will probably bring you new or additional insight into your financial and other affairs as well.

Before your meeting with a divorce lawyer, try to have learned or assembled the following 13 categories of information:

  1. Several years of your tax returns;
  2. Checking and savings account statement;
  3. Records of all investment accounts and pensions;
  4. Mortgage statements;
  5. If you or your spouse operate a business, secure copies of the business records;
  6. Inventory of the contents of safe deposit boxes;
  7. Credit card bills and credit reports;
  8. Income of each spouse
  9. Expenses of each spouse
  10. Assets of the spouses (joint and separate), including such things as art, antiques, fine jewelry, cash, vehicles, real estate and furniture
  11. Liabilities of each spouse
  12. Pension plans, retirement accounts , 401(k)s, IRAs, and any other employee benefits
  13. Life, health, and disability insurance policies owned by each spouse

If your spouse handled the bills, taxes, and paperwork, you may have to do some digging. But having this information in advance will make your meeting with your attorney more effective, efficient, and productive.

Louis R. Fine – Trusted Chicago Divorce Attorney

If you are considering divorce and are looking for counsel, please give me a call at (312) 236-2433 or fill out my online form to arrange for a consultation. When we meet, we can go through all of your questions, and I will be there to listen to you as well as advise you. Together, we will turn the page so you can begin the next chapter of your life with clarity and confidence.