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May 2017 Archives

Avoiding property division errors with retirement accounts

33227512_S.jpgIn-depth negotiations and a divorce agreement signed by an Illinois judge may not result in an equitable property division in all cases. According to an investment adviser, taxes and early withdrawal penalties can turn an equitable split into a lopsided arrangement. Improper treatment of retirement funds can also cause financial difficulties for divorcees down the road.

Veterans' benefits, child support and alimony

39482433_S.jpgIn Illinois, if a couple divorces and one of them is a veteran, the veteran's benefits may be used toward child support or alimony even though normally VA benefits cannot be seized. This is known as "family support", and multiple states in a number of different cases have ruled that this is an appropriate exception. In child support cases, disability may be considered as income.

Illinois changes child support law

13798961_S.jpgFollowing the lead of other states, Illinois is implementing major changes to the way child support gets calculated. The changes are meant to make the way the state calculates child support similar to those other states and to result in fair child support payments.

How parents should navigate a child custody hearing

17758013_S.jpgThere are a number of mistakes that Illinois parents might make in a child custody hearing that could jeopardize their chances of getting custody. Displaying anger or bitterness toward the other parent could make a poor impression on a judge if it implies that the parent is unlikely to be cooperative. Friends and family members may also try to be helpful by suggesting that a parent ask for more support or time with the child, but parents should not allow themselves to be pressured. Furthermore, they should not change strategies without discussing it with their attorney first.

Drug or alcohol abuse may put children in danger

33470856_S.jpgThe best interests of a child are always paramount in an Illinois custody proceeding. Therefore, parents who believe that the child's other parent has issues with substance abuse may wish to raise those concerns as soon as possible. Parents may choose to either report their concerns either directly to the court handling the case or to the Department of Children and Family Services.

A child's role in a custody battle

31278169_S.jpgWhen Illinois parents with young children end their marriage, one of them is often given primary physical custody with the other having certain visitation rights. However, a child may or may not have a say as to where he or she will live once the divorce is finalized. The top priority in any child custody case is to protect the best interests of the child. This generally trumps the wishes of the parties involved.

Limiting a child's contact with the noncustodial parent

As technology continues to advance, Illinois parents who do not have primary custody have more ways to keep in contact with their children, such as text messages, Skype and FaceTime. While the custodial parent may not want the noncustodial parent to have contact with the child outside of the allotted visitation time, courts will rarely block the noncustodial parent from using this technology to have contact with the children.

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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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