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What is Unallocated Child Support?
Child 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.
Illinois Supreme Court Rules on Attorneys’ Fees in Divorce Cases
A 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
Under the Illinois Marriage and Dissolution of Marriage Act, a spouse can file a petition with the court to request payment of his or her costs, including attorney’s fees. The court may issue such an order after considering the financial resources of the respective parties. An award of fees may be issued for any proceeding under the Act or other court matters, such as:
Court Appearances in an Illinois Divorce Case
When 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.
Bali Murder Case Highlights Consent in Illinois Guardianship Cases
A 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
Just like any other case, a court must have jurisdiction over the matter and the parties involved. In guardianship cases, the Illinois Probate Act specifically states that the court lacks jurisdiction to rule on a petition to appoint a guardian if:
What Can I Do to Enforce Parenting Time for My Child?
A 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
Illinois law specifically provides for situations where there is abuse of parenting time by one of the child’s parents. The other parent can file a petition stating the name, contact information, and place of employment of the person offending the parenting time order, as well as the details of the parenting plan in effect at the time. In addition, the petition must include the specifics of how the other parent is violating the terms of the parenting time order, along with relevant information.
Jurisdiction of Illinois Courts Over Unborn Children
Illinois law allows parents to seek a determination on parental responsibility before the child is born, whether or not the individuals are married. If the issue of parental responsibility arises out of a divorce case, the court would first apply the legal presumption that the child is a product of the marriage. Where the issue is presented in the case of unmarried parents, a court must first determine parentage.
Either situation introduces interesting questions about jurisdiction over an unborn child under state law, as courts must have the authority to hear the case before making any determination on parental responsibility in Illinois.
General Jurisdiction Rules
Under Illinois law, a parent cannot take a child out of the state once the other parent has been served with parentage or divorce papers. Once all the parties are before the court in this way, the court has jurisdiction. However, this rule only applies to living people; it is necessary to turn to Illinois law on parental responsibility matters to determine jurisdiction in cases where the child is not yet born.
Jackson Dispute Highlights Jurisdiction Issues in Illinois Divorce Cases
The already-contentious divorce between Jesse Jackson, Jr. and Sandi Jackson is becoming even uglier as attorneys for the spouses spar over jurisdiction issues. The Chicago Sun-Times reports that the dispute centers on whether Illinois courts have jurisdiction over Ms. Jackson, who lives in Washington, D.C. with the couple’s two children. Mr. Jackson’s lawyers allege that there is a valid legal basis for the divorce case to remain in Illinois due to Ms. Jackson’s connection to the South Side residence the couple shared: She contributed to household expenses since purchasing the home in 1994 and uses the space when she is in town. A decision on the motion filed by Mr. Jackson’s attorneys may not come for some time, yet the case raises important questions about jurisdiction in Illinois divorce cases.
Two Types of Jurisdiction for Divorce Cases in Illinois
In general, jurisdiction determines where you file for divorce, because you must initiate your case where you reside—not where you were married. There are two types of jurisdiction you must satisfy to proceed with your divorce in Illinois.
Temporary Spousal Support During Divorce in Illinois
When a couple files for divorce, there may be a great discrepancy between their incomes—a difference that can make life very difficult for the lower wage earner when the other spouse is no longer contributing to the household. To avoid such a situation, Illinois divorce law provides for a proceeding called a Petition for Temporary Support and Other Relief.
If a judge grants the petition, one spouse may be required to pay spousal support to the other to assist with living expenses; the arrangement is temporary and only lasts until a final order is entered to conclude the divorce. There are strict rules governing the petition process, so it is wise to consult with an Illinois spousal maintenance attorney for assistance.
Petition with Supporting Affidavit
Either spouse in a divorce proceeding may file a petition to receive temporary spousal maintenance, so long as it is accompanied by an affidavit stating the facts that entitle him or her to support. The affidavit must include financial documents such as tax returns, bank statements, business financial statements, and other paperwork to support the facts asserted by the petitioner.
Restraining Orders Regarding Property in an Illinois Divorce
When you hear the term “restraining order,” you often think of a domestic situation where a victim goes to court to prevent an abuser from engaging in acts of violence. However, Illinois law also provides for restraining orders that relate to property in a divorce, which are used to safeguard assets during the proceedings. Without a valid order in place, one spouse may be tempted to empty bank accounts, transfer real estate, sell off certain personal items, or take other actions to impact an equitable distribution of property. An Illinois attorney can tell you more about restraining orders as they relate to property in a divorce, but some general information should be helpful.
Petition for Temporary Restraining Order
Either spouse may file a petition with the court to restrict the other from disposing of property, except where it is required in the usual course of business such as cost of living expenses. Prohibition on transferring, selling, concealing, and encumbering assets are included in this type of order. The petition must be supported by an affidavit, which is a sworn statement attesting to the facts contained in the document.
Illinois Law on Visitation for Grandparents and Other Non-Parents
Illinois lawmakers recognize that grandparents and non-parent relations can play a big role in a child’s life, so the General Assembly enacted a law that allows individuals to seek visitation under certain circumstances. In general, a person must file a petition in court; however, it is not necessary for there to be a pending case for divorce or allocation of parental responsibilities in order to initiate proceedings. A family law attorney can assist you with the process if the situation warrants visitation by non-parents, but some general information can help you understand your options.
Illinois Statute on Visitation by Non-Parents
The law regarding the visitation petition limits eligibility to grandparents, great-grandparents, step-parents, and half- or step-siblings. Once the individual passes the relationship test, there are additional requirements:
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