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Belleville and Edwardsville Divorce Law Blog

Divorcing the spouse and the house

33871317_S.jpgA substantial concern of divorcing spouses in Illinois is what will happen to their homes after they are separated. Those concerns can be especially heightened if one spouse is interested in retaining the property. Many times, the reasons for wanting to keep the home are based purely on emotional attachment. However, this might not be the wisest financial decision.

After a divorce is final, the spouse interested in keeping the home could face a multitude of challenges when trying to refinance the home to remove the other spouse and put the property in their name. They might not be able to obtain financing on their own due to poor credit scores or low income. They could also miss regular payments for various reasons during the divorce process, and those missed payments will have a big impact on credit scores and favorable payment history.

Blac Chyna and Rob Kardashian to continue to co-parent

22393656_S.jpgIllinois residents who follow celebrities may be aware of the messy breakup between television personality Rob Kardashian and model Blac Chyna. On July 11, Blac Chyna took the breakup one step further when she was granted a restraining order. Even so, the model said that she intended to make co-parenting with the child's father work.

Blac Chyna's legal team said that Kardashian has been a good dad to 8-month-old Dream. The main problem, they say, lies with what seems to be Kardashian's obsession with his baby mama. Not only has Chyna never had concerns with Kardashian seeing Dream, but there are also nannies around the child 24/7, meaning Kardashian is never actually alone with the baby.

Preparing for child support modification requests

37314715_S.jpgChild support can be modified at times if there is a material change in the financial circumstances of the parties, especially the parent obligated to pay. A job loss or reduction of income, or a substantial increase in income, additional dependents or other event may trigger a modification of support. Illinois parents who have gone through a divorcee and who have minor children should become familiar with the documentation needed.

There are several steps involved in the support modification process. The first step is to obtain current financial information. At minimum, tax returns showing all sources of income, a recent pay stub with year to date information, should be gathered. Documents reflecting the cost of medical insurance and receipts for payment of child care expenses should also be secured.

The different forms of domestic abuse

39243756_S.jpgAccording to the U.S. Surgeon General, domestic violence is a leading health concern. However, Illinois residents may not necessarily know what domestic violence looks or feels like. This may stop victims from reporting abuse or prevent friends and family members of an abuse victim from seeking help on that person's behalf. The definition of domestic abuse is abusive behavior used by a person to gain control over a partner.

In some cases, abuse can be physical in nature. Examples of physical abuse include hitting, biting or slapping a person. It can also involve forcing someone to use drugs or alcohol against their will or denying a person medical treatment for injuries. Sexual abuse occurs when an individual is forced to have sex with their spouse or partner. It can also occur when a person is the subject of demeaning jokes or sexually demeaning behavior in general.

About "Malicious Mother Syndrome"

Although the Malicious Mother Syndrome is not identified by the medical profession as a disorder, Illinois parents 12648784_S.jpgwho are embroiled in extremely contentious divorce or custody disputes should be able to identify the conduct. Despite its name, both fathers and mothers can exhibit the behavior, and thus it is often referred to as Malicious Parent Syndrome.

Both terms refer to certain deliberate and vengeful actions that a divorced or soon-to-be divorced parent takes in order to punish the other parent. This can encompass harming their children so that it reflects badly on the other parent.

Father-child relationships are important

62831760_S.jpgIn Illinois and around the country, there has been a shift in the way people think about the father-child relationship. While mothers have often been the primary caretakers of their children, fathers have increasingly stepped into the role. In some cases, however, social attitudes have minimized men's contribution to the development of their children.

A 2015 survey points out the importance of dads in their children's lives. For example, it was discovered that the amount of time fathers spent caring for their kids had tripled since 1965. More than half of all fathers expressed their belief that being a parent is central to their identity. There is also been a change in gender roles within a family, as fathers are less likely than ever to be the sole breadwinner in their household.

More immigrants demanding custody services

11396009_S.jpgSince the election of President Trump, many undocumented immigrant parents in Illinois fear that they may be separated from their children if they are found and deported. This has led lots of families to seek legal help with custody paperwork that involves designating other friends or family as caregivers in the event of a separation.

There are a variety of reasons immigrant parents have decided to take this step. Many would prefer their children to remain in the United States, which they see as a country that's safer and provides them with more opportunities compared to their birth country. Children of undocumented immigrants are also United States citizens by birth, and they would be entitled to remain in the United States even if their parents are deported. Many parents want their children to continue to enjoy the benefits of citizenship.

How inherited assets are treated during a divorce

64818708_S.jpgInherited assets may be an issue for Illinois couples who are planning to get a divorce. Inheritances that are acquired during a marriage are not usually viewed as marital property, and as a result, they are usually not subject to division. They are typically considered to be separate property that belongs to whoever inherited the assets and cannot be reallocated between divorcing parties.

However, the protection inherited assets may have may change once part of the inheritance has been shared. This applies to inheritances that have been deposited into joint financial accounts and applied to marital expenses, which no longer have immunity from being equitably distributed. In other cases, inheritances that are used to improve the primary residence of a married couple may also no longer be immune.

Fathers and shared parenting

53125400_S.jpgIllinois fathers should know that they have the right to be active in their children's lives after a separation or divorce. As data from the United States Census indicate that family courts tend to favor the mother for physical custody, it is important that fathers understand why they should continue to fight for their parental rights.

Proponents of shared parenting have been slowly gaining ground. There are shared parenting laws in effect in several states, including Wisconsin, Utah, Alaska, Missouri and Arizona. Almost 25 states have introduced laws to implement shared parenting. There is scientific data that shows shared parenting is the best option for most children. In one study, which included 150,000 participants, the researchers determined that shared parenting is an arrangement that can lower the stress levels of children. The practice of shared parenting in cases in which the parents are fit and there is no history of domestic violence is also backed by public approval. In fact, 86 percent of voters in Massachusetts supported shared parenting.

How holiday visitation and child support relate

4337560_S.jpgrMissouri parents who are divorced and dealing with issues related to child custody, visitation and support might wonder how these issues relate, particularly when it comes to holiday visitation. While in some cases, the child support order will not be affected during holiday visitations, in other instances temporary changes might need to be made.

If you are a parent in this situation, it is important to understand how both holiday visitation and child support affect each other to make sure you are complying with the order. For short-term holiday visitation, such as when a child spends a long weekend with a non-custodial parent, child support will normally not be affected. However, if the child goes on an extended visit with the non-custodial parent, for example during the summer months, the parents might have to make temporary arrangements for child support to reflect the temporary change in living arrangements and the amount of time the child will spend with the non-custodial parent.

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Stange Law Firm, PC

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

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