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 …
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 …
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 …
Illinois Family Law: Grandparent, Sibling and Step-Parent Visitation
Grandparent, great-grandparents, siblings, or step-parents can bring a petition for visitation and electronic communication (i.e., face to face time and electronic-based time) for a child one year of age or older if the denial of visitation by the parent causes harm to the child’s mental, physical or emotional health and if one of the following exists: (A) the child’s other …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
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 custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
What Happens in a Mediation Session?
The mediator should begin the mediation session with laying a few ground rules. Here are some examples: 1. Explaining his/her role in the process 2. Reminding everyone about confidentiality and how the information used in the mediation is for “settlement purposes” and cannot be used in court 3. Depending on preference, asking the parties to put cellphones on silent or …
Ribbon Cutting for the Illinois Office
Big thanks to everyone who came out and supported the grand opening of the Rincker Law, PLLC’s Illinois Office in Downtown Champaign. Special thank you to the Champaign Chambers of Commerce for hosting the ribbon cutting offering us the opportunity. Photos from the event are on our Facebook page here.
Depreciation of Farm Assets and Child Support in Illinois
Many times clients contact me on a child support matter who own farms and, accordingly, have expensive farm equipment. Farmers usually take deductions on the depreciation of expensive equipment on their tax returns. This MAY affect child support, as a trial court has discretion to include nonrecurring income in calculating net income for child support purposes. See In Re Marriage of …
Overview of Mediation
I will be speaking tomorrow at the crack of down tomorrow morning to the CU Sunrise Rotary Club on mediation. For those of you who are in Central Illinois, I would the support! The presentation is at 6:45am and coffee (and breakfast!) will be provided. Here are my materials for the presentation on mediation available on my JD Supra page …
Illinois Family Law: Relocation with Children
Various reasons prompt a parent to want to relocate with his or her child. Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …