Cost of Living Adjustment (“COLA”) refers to when child support is increased based on the annual cost of living. If the cost of living, pursuant to the Consumers Price Index for all urban consumers (CPI-U), as published annually by the United States Department of Labor Statistics, increases by at least 10% then an adjustment may be made. It is important …
Trusts and Estates: Which life events that require an immediate estate plan update?
Estate planning is the process of developing a strategy for the care and management of your estate if you become incapacitated or upon your death. One commonly known purpose of estate planning is to minimize taxes and costs, including taxes imposed on gifts, estates, generation skipping transfer and probate court costs. However, your plan must also name someone who will …
Book Review: The Christian Prenuptial Agreement
A Christian prenup. Isn’t that an oxymoron? No, no, it’s not. I recently read Patricia Hartman’s book “The Christian Prenuptial Agreement: The Power of Marriage Unleashed” and she makes a solid argument why it’s not. The author is not an attorney; instead, she is a CPA and approaches things from a financial perspective. You can order the book on Amazon …
Bar Licensed in the Great State of Texas
As some of you know, Texas is near and dear to my heart. I spent 2 years in College Station attending Texas A & M University and I worked for a Texas Congressman after I graduated. it’s long overdue, but I am officially a licensed attorney in the great state of Texas! And for those of you who are counting… …
About Cari Rincker: How Community College Has Shaped My Life
As some of you know, I received an A.S. in Agriculture from Lake Land College in Mattoon, Illinois. I was recently awarded the 2018 alumnus of the year award and will be speaking at the graduation ceremony in May ( #pressure!) . Here are some of my thoughts on my community college experience. When I reflect on my community college …
New York Matrimonial Law: Service by Publication
In a divorce, it sometimes is “impossible” to find and personally serve the defendant-spouse. After other efforts have been made, service by publication may be used as a last resort after “diligent” searching by other methods under CPLR 315. Service by publication is time consuming and may be costly. A poor person’s fee waiver for certain court filing fees is …
Illinois Family Law: Business Interests in a Divorce
A business is an asset. Just because one spouse acquired a business interest before the marriage does not mean that it, or part of it, is not going to be considered marital property. In Illinois, business interest is subject to equitable distribution if: • the business ownership was acquired during the marriage; • there was an increase in value of …
New York Family Law: Retired Pay and Military Divorce
Members of the armed forces can be of various ranks, earning varying salaries. Accordingly, military “retired pay”, similar to a pension, is a valuable (marital) asset. Retired pay is the money a retired military personnel receives every year after retirement until his or her death. Retired pay is paid by the Defense Financing & Accounting Services (“DFAS”). If the former …
Illinois Family Law: Best Interest of the Child Test for Visitation
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …