Going through a divorce is complicated, even more so when children are involved. Once you have finally arrived at a judicially-mandated order or approved agreement with respect to the custody and visitation rights of each parent, it can be devastating for your ex-spouse to repeatedly violate that order or agreement. In this blog, I discuss the relief available when your …
Historically, prenuptial agreements (“prenups”) were regarded as instruments for those more mature couples who already have significant assets to their name. These days, the appetite for prenups is also gaining momentum among younger couples on the path to marriage, regardless of their wealth (or lack thereof). A prenuptial agreement between two younger individuals presents its own unique challenges, because often …
Did you know that students with divorced parents in Illinois may be entitled to court ordered assistance with educational expenses by both parents? If you’re former spouse isn’t paying their fair share, read on to learn more about getting your child the help they need. How much support will a court order? Illinois courts have significant discretion to set the …
Illinois courts can reconsider a child support calculation once there has been a “substantial change in circumstances.” What’s new? As any parent would know, the cost of caring for your children can change throughout the years. The expenses of a toddler will surely differ from those of a teenager. At the same time, the income of one or both parents …
What is Parental Alienation? Parental Alienation occurs when a child shows extreme preference for one parent (the “Preferred Parent”) over another parent (the “Rejected Parent”) as a result of efforts by the Preferred Parent to alienate the child from the Rejected Parent. Parental Alienation can significantly complicate a divorce and the accompanying allocation of shared parental responsibilities. Parental alienation is …
I have always been passionate about resolving disputes outside of court, especially when children are involved. It’s one of the (many) reasons why I love mediation. I’m excited to announce that I have been accepted into the Amicable Divorce Network for both Illinois and New York. I just completed my training and am excited to help walk folks who are …
Can the custodial parent claim the Earned Income Tax Credit while the noncustodial parent claims a different tax credit? After a divorce with children, it can be very confusing when it comes to figuring out which parent can claim which child tax credit. In most circumstances, only one parent is able to claim a child for the following tax credits: …
Is it too late for a prenup if I’m already married? In Illinois, prenups become effective on the day that you and your betrothed are legally married. If you’re past that point, a prenuptial agreement is no longer a valid option. That does not mean it is too late for you and your spouse to protect yourselves and your respective …
Not all prenuptial agreements are created equal. Sometimes, in the course of a divorce proceeding, the court will strike down a prenup and refuse to enforce it between the divorcing parties. If you are working with an attorney to draft a strong prenuptial agreement between you and your betrothed, or if you have a prenup and are contemplating a divorce, …
I note three key issues usually discussed in prenuptial agreements in this short video. They are the identification of separate/ marital property, spousal maintenance and estate rights. Interested in a free 15 minute consultation on a nuptial agreement? Please contact cari@rinckerlaw.com or call (217) 531-2179.
What is considered income for child support and maintenance calculations during a divorce can be very complex especially when it comes to inheritance. The Illinois Supreme Court recently helped to uncomplicate one gray area when it held that mandatory individual retirement account (IRA) distributions and withdrawals are considered income when calculating child support and maintenance calculations In re Marriage of …
In the first quarter of 2022, inflation is up over 8%, the highest since the early 1980s. With this high inflation rate, you are likely paying more for everything for your child – from gas in your car, to diapers and music lessons. Maybe you’re wondering if your child support payments can go up to match your increased costs. Unfortunately, …