A Champaign Divorce Mediation Attorney Can Help Solve Disputes with Your Spouse

Rincker Law Alternative Dispute Resolution, Divorce Mediation, Family/Matrimonial Law, Online Mediation Leave a Comment

Despite the friendly and innocuous name, divorce and family law can be complex, and at times cut-throat. Thankfully for all parties involved, an experienced Champaign divorce mediation attorney can unquestionably help to address any legal conflicts and protect the interests of their clients. Family law is a broad area. It involves many different potential disputes, all of which can be …

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Ask Kym: Can I Modify Spousal Maintenance in New York if I Have a Child in New Marriage?

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

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Family Law Issues in Agriculture: Fact Sheets with the National Agriculture Law Center

Rincker Law Family/Matrimonial Law, Food & Ag Law Leave a Comment

I just love it when my writing hits the press! And I especially love it when it combines my two passion areas — family law and agriculture law.  I am honored to have authored the Fact Sheets on family law issues in agriculture with the National Agriculture Law Center.  You can review them individually here or the packet here.

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Family Law Issues in Agriculture: Spousal Maintenance

Rincker Law Family/Matrimonial Law, Uncategorized Leave a Comment

Spousal maintenance in some states is formulaic, while others rely on case law. In either scenario, there needs to be a determination of income (not assets). For most involved in farming and ranching or other kinds of agri-business, determining income is anything but straightforward. Typically, a spouse is required to pay for his/her health insurance after the divorce, but if …

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New York Matrimonial Law: Durational Spousal Maintenance Calculations

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In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00.  Here is how maintenance would be calculated in an example where the incomes are as follows: Payor spouse’s Income: $200,000.00 per year. Payee spouse’s Income: $80,000.00 per year. Based on these figures, the adjusted gross income of the …

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Illinois Family Law: Duration of Spousal Maintenance in a Divorce

Rincker Law Family/Matrimonial Law Leave a Comment

Once it is established that a spouse will be granted maintenance, the next question is: for how long? There’s not much guess work when it comes to the duration of maintenance because it is calculated under 750 ILCS 504(b-1)(1)(B) by a formula. The length of the marriage is multiplied by: • 20% if the marriage was for 5 years or …

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Ask Cari: Questions on Divorce, Debt and Prenups

Rincker Law Ask Cari, Family/Matrimonial Law Leave a Comment

Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …

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The New Enhanced Earning Capacity Rule

Rincker Law Family/Matrimonial Law 1 Comment

  The new spousal maintenance law signed into law by Andrew Cuomo at the end of September changes the concept of enhanced earning capacity in terms of looking at as an asset subject to equitable distribution.  In the previous law, if a party earned a license or professional degree during the marriage, it was considered an asset to be divided …

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Change in Guidelines for Calculating Temporary Maintenance in New York

Rincker Law Family/Matrimonial Law Leave a Comment

On September 25, 2015, New York governor, Andrew Cuomo, signed into effect legislation that has changed guidelines set for determining temporary spousal support. These guidelines for temporary maintenance go into effect October 26, 2015. One of the major changes under the new bill is the reduction in the income cap from $543,000 to $175,000. Additionally, starting on January 31, 2016 …

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The New Maintenance Rules for Post-Divorce Maintenance

Rincker Law Family/Matrimonial Law Leave a Comment

In late September, new maintenance legislation was signed into law in New York. The new bill changes the guidelines for calculating post-divorce maintenance. The law goes into effect January 25, 2016. Similar to the temporary maintenance guidelines, the income cap for post-divorce maintenance is also $175,000. Additionally, the court makes the determination of which formula to use based on which …

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