Ask Cari: Divorced Parents and the Earned Income Tax Credit

Cari RinckerFamily/Matrimonial Law Leave a Comment

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: …

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What You Need to Know about Illinois Postnuptial Agreements

Cari RinckerGeneral Leave a Comment

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 …

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Illinois Prenups: When Are They Unenforceable?

Cari RinckerFamily/Matrimonial Law Leave a Comment

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, …

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What Do Prenups Oftentimes Discuss?

Cari RinckerFamily/Matrimonial Law Leave a Comment

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.

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Ask Cari: Is my inherited IRA included in my child support and maintenance calculations?

Cari RinckerFamily/Matrimonial Law Leave a Comment

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 …

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Child Support During High Inflation

Cari RinckerChild Support, Co-Parenting, Family/Matrimonial Law Leave a Comment

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, …

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Business Ownership and Divorce: What You Need to Know

Cari RinckerBusiness Law, Divorce, Family/Matrimonial Law, General Leave a Comment

Divorce is rarely simple. When two people’s lives are intertwined—physically, emotionally, and legally—separating the individual strands can be a task akin to untying the Gordian knot. The longer a couple has been together and the more they share, the more difficult this task becomes. It can be even more difficult if the divorcing couple co-owns a business or one spouse …

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Illinois Prenups: What You Need to Know to Get Started

Cari RinckerFamily/Matrimonial Law Leave a Comment

Do I need a prenup before I get married? No one gets married with the intention of getting divorced, but it is always a good idea to protect your rights and your property in the event that life does not goes as planned, regardless of your financial circumstances. Divorce is inevitably complicated, contentious, and unpredictable.  In Illinois, the law requires …

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Four Reasons Why Farmers Should Have Prenuptial Agreements

Cari RinckerFamily/Matrimonial Law, General Leave a Comment

Hear me discuss in this short video why farmers (and those marrying them!) should have a prenuptial agreement.

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New York Matrimonial Law: Service by Publication

Rincker LawFamily/Matrimonial Law Leave a Comment

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 …

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New York Child Custody and Visitation Law: Agreements to “Electronic Visitation” or Parental Access

Rincker LawFamily/Matrimonial Law Leave a Comment

In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including: • Telephone (e.g., to the other parent’s phone or the child’s phone) • Video-conferencing (e.g., FaceTime, Skype) • Text messaging (e.g., WhatsApp, Viber) • Social media (e.g., Facebook, Instagram, Twitter, Snapchat) • Electronic mail …

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New York Child Custody and Visitation Law: Grandparent Visitation

Rincker LawFamily/Matrimonial Law Leave a Comment

Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access …

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