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.
Ask Cari: Is my inherited IRA included in my child support and maintenance calculations?
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 …
Child Support During High Inflation
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, …
Business Ownership and Divorce: What You Need to Know
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 …
Illinois Prenups: What You Need to Know to Get Started
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 …
Ask Kym: How Do I Co-Parent Amidst COVID-19?
In the past few days, we have had numerous calls on this issue. While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent. Please remember that although …
Overview of the Uniform Child Custody Enforcement Act
In way of background, the Uniform Child Custody Jurisdiction Act was enacted in 1968. It was revisited an amended 30 years later with the formation of the Uniform Child Custody Jurisdiction Enforcement Act in 1997. It has been adopted in all 50 states and was adopted in Illinois in 2003. Definition of Child Custody Proceeding – this includes proceedings involving legal …
COBRA Basics for Divorcing Families
As a divorce attorney, I get a lot of questions about Consolidated Omnibus Budget Reconciliation Act (“COBRA”). More specific information relating to your family’s health insurance should be investigated by you and your spouse via the applicable employer. Generally speaking, COBRA is governed by the Employee Retirement Income Security Act (“ERISA”) and applies to covered employees, their spouses, their former …
Ask Kym: Can I Modify Spousal Maintenance in New York if I Have a Child in New Marriage?
Babies are expensive. Getting married is expensive. Having a wife is expensive. All of these are considerations to be had when you have support obligations arising out of a first marriage. Many people think that since the payor (the one paying support) has a “new family,” the obligation to the first spouse will cease. This is not the case. In …
NALC Fact Sheet: Custody and Visitation Issues for Divorcing Farm and Ranch Families
This is always a hot topic in divorce, but in particular with farm and ranch families. I worked on Fact Sheets for family law issues affecting agriculture for the National Agriculture Law Center. You can read my Fact Sheet on children issues including “custody and visitation” here.
Family Law Issues in Agriculture: Equitable Distribution
Equitable distribution (“ED”) is the allocation of the marital estate in a divorce. Importantly, not all states are equitable distribution states; instead, states like Texas and California are community property states. The majority of states are equitable distribution states, but it is important to confirm this with a licensed attorney in the applicable jurisdiction. In way of background, property in …