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Belleville and Edwardsville Divorce Law Blog

The marital home after divorce

Getting divorced in Illinois involves many decisions regarding finances. In addition to dividing assets and assuming responsibility for debts, homeowners have additional considerations. In many marriages, a house represents one of the largest assets the couple owns. Taking time to understand the options available can protect a divorcing spouse's long-term financial health.

In many cases, a divorcing couple will opt to sell the marital home as part of the divorce agreement. The proceeds from the sale of the home could then be equitably divided. Afterward, there will no longer be any concerns regarding continued ownership, mortgage payments or household maintenance.

Uncovering gig work as a source of child support

The advent of the gig economy has provided new opportunities for many people in Illinois. As more and more people are turning to gig work, new problems have arisen for the collection of child support. Some parents who are ordered to pay child support have turned to gig work to try to evade their child support obligations.

Up to 70 percent of child support orders are enforced by withholding orders. These orders direct employers to deduct the amounts that their employees owe for child support and to submit them to the state. Since gig work is by contract, the workers who perform the work are not statutory employees. This means that the companies that pay them for the work do not necessarily report that they are employed to the states in which they live.

Holidays can be a difficult time for divorced parents

For many divorced families in Illinois, the holiday season can be an emotionally and logistically challenging experience. Co-parenting already comes with difficulties, and sharing parenting time during the holidays can pose unique stresses for parents. However, holidays can also be an occasion for parents to demonstrate that their love for their kids is more important than issues with an ex-partner. This can be incredibly important for strengthening the psychological support for children who live in separate homes after divorce.

There are several tips that people who are dealing with shared parenting time can keep in mind in order to create a more positive holiday environment. Even after ugly divorces, exes can have a successful co-parenting relationship that fully respects each parent's relationship with the children.

When parental responsibilities are undefined

When a military marriage in Illinois dissolves, and a couple separates, they have a lot of things to think about. If they had joint bank accounts, joint property, or a joint business, they need to figure out how they're going to separate these things. The situation gets more complicated when there are children involved, especially if there has not been a legal divorce and there are no legal guidelines stipulating parental responsibilities and parenting time.

It is important for parents to understand that, before a parenting agreement is in place, both parents have rights over their children. In the absence of a formal custody arrangement, it is possible for one parent to move to another part of the country, taking the children with him or her. While most parents don't do this, as they realize that it is an act of bad faith, it does happen, putting the other parent in a very difficult position.

Domestic violence victims need support to leave and survive

Domestic violence can be a deeply dangerous threat to people in unhealthy relationships in Illinois on both a physical and an emotional level. Abuse in a relationship is a betrayal of trust as well as a form of physical, verbal, psychological or emotional violence that frequently escalates to a point of endangering a victim's health.

Across the United States, approximately 20 people face physical abuse from their partners every minute of the day. This is a problem that affects people of all ages as nearly 1.5 million young people still in high school experience physical abuse at the hands of a partner every year. One in three teens is a victim of a sexually, emotionally, verbally or physically abusive relationship.

The military and child support

Sometimes getting child support from a parent can be difficult. Illinois residents who are owed child support by someone who is in the military should be aware that the regulations and processes for calculating and obtaining child support differs from those that govern non-military parents.

The process for filing an order of child support against a parent in the military begins with first determining how much income the servicemember earns. This requires an examination of the attorney general tax chart, the military pay chart and the leave and earning statement, which can be compared to a W-2.

The lingering effects of domestic violence in divorce cases

21924128_S.jpgEmotions often run high during a divorce, and the first year of separation can be particularly difficult and dangerous for estranged spouses who have been the victims of domestic violence and abuse. This is the period when decisions are made about important matters like child custody and visitation, and the lingering effects of family violence can have a profound impact on how abused victims approach these issues according to research from the Department of Human Development and Family Studies at the University of Illinois.

The research, which can be found in the Journal of Family Psychology, looked into two distinct types of domestic violence. Coercive violence is what most people would think of when the subject of spousal abuse is raised, and it usually occurs when arguments over money or infidelity get heated and become violent. Controlling violence is more insidious in nature, and the parties guilty of it generally keep tight reins over the family finances and strictly regulate social contacts.

Immigrants especially vulnerable to domestic violence

44354719_S.jpgLeaving an abusive relationship can be very difficult for many Illinois women. Pressure to stay with an abuser often arises from a person's lack of income, homelessness and no access to health care. Among immigrants, especially individuals without documentation to be in the country, barriers to action include fear of deportation, poor English language skills and little understanding of legal rights.

Abusers often exploit these factors to keep someone trapped in an abusive home. Strong attitudes from the federal government toward immigrants have greatly increased the fear of deportation among victims who might otherwise seek help. Anecdotal evidence from people who serve victims indicates that more immigrants are refusing to call police when an abuser strikes.

Preparation, evidence can help fathers seek full custody

22162521_S.jpgFathers in Illinois going through a divorce are often worried about being ripped away from their children. This is intensified even more in situations of abuse, addiction and other contexts in which fathers want to achieve sole, rather than joint or shared, custody of their children. Many fathers may worry about a potential bias toward mothers in family court or preconceived ideas about a man's role in child-rearing.

However, fathers who seek child custody have a good record of achieving their rights in courts. Working together with a family lawyer, fathers can help to secure their full rights to custody and protect the best interests of their children.

Divorced fathers and co-parenting

6372318_S.jpgWhen couples with children get divorced, it can sometimes be difficult for fathers to remain as actively involved with their children as they were before the divorce. However, there are certain steps fathers can take to make sure that they are involved in their children's lives.

Preparation is key when having to submit proposals to the court regarding custody and visitation. It is important to take into account the needs of the children and the work times for both parents. One should keep in mind that while the court prefers that the custody and visitation plans be accommodating for all parties, the ultimate deciding factor is what is in the best interests of the children.

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Stange Law Firm, PC

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

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