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Divorce and Lottery Winnings In Illinois
The website Central Illinois Proud recently reported on several stories of people winning the lottery before their divorces were finalized. The main question that comes up is whether the soon to be ex-spouse is entitled to any of the winnings. While it seems like this would be a rather basic question, like many parts of the law it is not as straightforward as it seems.
Disclosure
If you have won a significant amount of money and are separated or in the process of divorce, you need to make sure you are upfront with your attorney and your spouse about the winnings. The Central Illinois Proud article highlights the case of a California woman who won the lottery, and then filed for divorce a few days later. She did not plan to tell her ex-spouse about the money but then her winnings, and her deception were found out during the divorce process. The court ended up awarding her ex-husband all of the winnings.
Contractual Debt and Divorce in Illinois
During a divorce, one of the things that need to get allocated is the marital debt that the parties have accrued during the marriage. Indeed, it is important to understand debt allocation and how debt allocated during a divorce can be affected by the original contract that created the debt.
Allocation of Debts
The Illinois Marriage and Dissolution of Marriage Act governs the way that property is divided during a divorce in Illinois. Assets are not the only things that need to be divided, but so do any debts that are considered debts of the marriage. Marital debts, like marital assets, will generally be the debts that were accrued during the marriage, however, there are some exceptions. The exceptions are beyond the scope of this article, but a knowledgeable property division attorney can help to determine whether the debt is marital or separate.
Your Rights In the Illinois Juvenile Justice System
When a minor is charged with a crime in Illinois, he or she may be diverted to the juvenile justice system. Whether the minor faces the charges in adult court or through the juvenile justice process depends on the age of the minor and the crime committed. Youth 15 years and younger will be in juvenile court and youth 16 years and older will start in juvenile court but may be moved to adult court if it is a very serious crime, such as first-degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm. It is important to remember that youth in the juvenile justice system do have rights. Indeed, it is important to understand some of the most substantive rights youth and parents have when navigating the juvenile justice system in Illinois.
Right to an Attorney
Just like adults, children in the juvenile justice system have the right to an attorney. If you cannot afford a lawyer the court will provide a defense attorney. Immediately after being arrested your child should demand to talk to an attorney and say nothing else. Attorneys can help protect your child’s rights and help the case move expediently. Getting an attorney is not a sign of guilt and it is extremely important to exercise this right by contacting a knowledgeable juvenile law attorney as soon as possible.
Parenting Time and Taxes
If you are considering or in the process of divorce and there are kids involved, you also need to think about the tax consequences of different options regarding maintenance, child support and parenting time. To be sure, there exist some important tax considerations that may apply to divorced or divorcing parents and their children.
Filing Status
The first tax consideration to think about is your filing status. As you probably know you file your taxes during the April after the previous tax year. The key time and date to look at is December 31 at 11:59pm. If you were married at that date and time during the previous year then you need to file either “married filing jointly” or “married filing separately.” If you were divorced by then, then you can file “single” or “head of household.” You are still married until the judge issues the divorce decree. This is an important consideration and you may want to plan the date of your divorce with this in mind.
Uncontested Divorce in Illinois
Divorce can be a long and difficult process, but some divorces are longer and more complicated than others. One of the simpler and (usually) less time-consuming kinds of divorce is an uncontested divorce.
What is an Uncontested Divorce?
Divorces are either contested or uncontested. An uncontested divorce is a divorce where the parties agree on the property division, child custody and support, and other important matters. Contested divorces require the court to make some decisions on behalf of the couple because they cannot come to a decision themselves. An uncontested divorce is usually faster because the couple does not have to go through the discovery and hearing process in court and the papers can just be filed. A judge has to approve the divorce either way, but with an uncontested divorce it generally takes less time.
Do I Need a Lawyer for an Uncontested Divorce?
Five Reasons Regular People May Want A Prenuptial Agreement
Sometimes the news will report on celebrities who are getting married and speculate on their prenuptial agreements. Premarital – or prenuptial – agreements may seem like something that only wealthy people need to worry about, but in reality prenuptial agreements are an important legal tool all individuals can take advantage of. Indeed, there are numerous reasons that many couples may wish to craft a prenuptial agreement before getting married, regardless of their wealth.
Communication
Coming together to draft and sign a prenuptial agreement is a way to make sure that you are starting the marriage on the same financial foot together. Prenuptial agreements force couples to communicate about money, which can be one of the most contentious parts of a relationship.
Protection
Even if a couple does not possess a significant amount of assets, a prenuptial agreement can help protect a lower earning partner. If both people agree that one person should quit their job to stay home and raise the children, a prenuptial agreement can make sure that the person who stays at home is not adversely affected by this decision that the couple made together. Taking time out of the workforce can lead to drastic financial consequences and a prenuptial agreement may be the best way to make sure that both parties bear some of the burden of one spouse taking time away from work.
What Happens if You Do Not Pay Child Support in Illinois
In many cases, one parent is ordered to pay child support to the other upon completion of (or during) the divorce. However, sometimes the payor parent does not pay the child support that he or she owes, based on certain circumstances. There are many consequences for failing to pay child support and it is important to understand these if you have a child support obligation in the state of Illinois.
Child Support Enforcement Program
The Illinois Department of Healthcare and Family Services' Division of Child Support Services has a Child Support Enforcement Program. This program monitors child support payments and can help step in if a parent alerts the agency that he or she is not receiving the mandated child support payments. The Child Support Enforcement Program will either begin collection activity against the payor parent or, if the parent that owes money collects public assistance, it will take the money directly from that parent’s public assistance benefits.
Does My Disabled Family Member Need A Guardian?
If you have a disabled family member or other loved one, you may wonder whether he or she needs a guardian. Illinois law provides a way for the court to appoint guardians for some disabled people. Ultimately, it is important to understand who may be eligible for guardianship and what guardians do.
Is My Disabled Family Member Eligible for a Guardian?
Not every disabled person needs or can get a guardian. Guardians are appointed when a person with a disability is unable to make or communicate responsible decisions regarding their estate or personal needs. Many disabled people are very capable of making their own sound decisions, and therefore are not eligible for a guardian. However, individual mental deterioration, physical incapacity, mental illness, and developmental disabilities can make someone unable to make decisions themselves. This also sometimes happens during the aging process. Ultimately it is up to the judge whether an individual needs the protection of a guardian.
Dividing Retirement Benefits During a Divorce
For many divorcing couples, retirement plans are one of the largest assets they have. Pensions and defined contribution retirement plans are generally subject to division during the divorce. That means that if a couple is married when benefits accrue, then the benefits should be considered in the division of property even if it will be awhile before the benefits are actually paid. This is one of the most complex subjects in asset division. For specific answers for your situation, contact a knowledgeable property division attorney.
General Rule
The Illinois Marriage and Dissolution of Marriage Act governs property division during divorce. Courts require that assets be split equitably, which does not necessarily mean equally. Generally, the benefits earned during the marriage are split between the couple. However, with some plans, especially pension plans, this can be a more difficult calculation than it may seem.
Temporary Spousal Support Orders
Divorce cases can go on for years, but sometimes decisions need to be made before the judge issues a final order. In many cases, the court has the power to issue temporary orders for cases that are still in progress. One situation in which the court will sometimes issue temporary orders arises during a divorce when one spouse needs spousal maintenance (also known as spousal support).
Situations Where Temporary Spousal Maintenance is Ordered
As more women have entered the workforce, and there are more dual-earner couples, spousal support has become less common. However, sometimes spousal support is still warranted, and a need for immediate spousal support is even more common since many times one spouse needs time to get on their feet before they can be financially independent.
In terms of temporary maintenance before the final divorce order, there are two general circumstances in which the judge will order it:
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