Some experts have been noted as saying prenuptial agreements represent a lack of commitment on the part of the involved parties. They suggest that if a person is not ready to potentially sacrifice his or her assets, that person isn't ready to marry to begin with. They also suggest that prenuptial agreements are more important when one spouse has considerably more financial assets than the other, and therefore, should be invested in protecting those assets.
]]> On the other hand, several other marriage experts suggest that a prenuptial agreement buys peace of mind for both parties, regardless of their financial situations. They suggest open communication about financial assets, both as individuals and as a couple, can strengthen the marriage and also provide ground work should the marriage falter later on. A prenuptial agreement, they say, can ensure security for both parties if a separation occurs.Divorce can be a complicated process, especially if emotions are running high. It is possible that a prenuptial agreement can assuage some of those concerns early on and account for possible later disagreements, but the prospect is not for everyone. Ultimately, it is the choice of any Illinois couple whether or not to seek out support to build a prenuptial agreement before marriage. Whether or not a prenup is signed, however, couples may benefit from additional support in arranging their finances in the event of a divorce.
Source: Huffington Post, "Prenup: Should You Get One? 'Fox & Friends' Gives Advice," May 9, 2013
]]>The couple has overcome considerable adversity on their road to adoption. After Arnold was told she could suffer fatal complications related to their dwarfism if she became pregnant, the couple worked with a surrogate but suffered two miscarriages. Thankfully, the couple was hooked up with an international organization dedicated to helping children with special needs find appropriate homes.
]]> William Rijin was born in a poor Chinese province and, like his new parents, has a form of dwarfism, which reduced his chances of being placed through traditional adoption means. The couple travelled to China in March to meet the child, who recognized them from photos sent by the agency. The family took Will home and have been raising him ever since.Stories like these are an inspiration to prospective parents in Illinois and elsewhere throughout the nation. Parents who seek out adoption as a way of caring for a child of their own should be buoyed by stories like that of Bill and Jennifer, who despite their celebrity status, faced considerable adversity in finding a child to call their own. Parents should be encouraged to seek out more information about the options available to them in terms of adoption: often, there are more than one might think.
Source: People.com, "Inside The Little Couple's Adoption Journey," Alicia Dennis, May 4, 2013
]]>According to case records, the man in question had been paying child support for an indeterminate number of years towards the upbringing of a child who DNA testing proved in 2011 was not his son. The petition filed to argue the case did not fall into the two-year statute of limitations imposed by Illinois law, and so the man's petition failed. He claims he had no legitimate reason to believe the child was not his as of 2001 when he did not appear for a DNA test, but has since had a further test conducted after he met the child in 2011.
]]> If the bill is ratified into law, it will overturn the two-year limitation on child support cases, a move expected to affect only a few Illinois residents. The man in question will be required to submit to another DNA test to prove the child's parentage lies elsewhere should the law pass. The bill generated some controversy when it was initially proposed, but the 52-0 vote in the Illinois senate suggests the controversy was not bothersome enough to block the move.Child support can be a complicated arrangement, especially if a child's parentage is brought into question. This law will change the way child support cases of this nature are handled in Illinois, and may save considerable expense for Illinois residents who may have been wrongly identified as parents. It is important for anyone facing child support issues to remain up-to-date on the status of the state's laws related to these payments.
Source: News-Gazette.com, "Child-support bill approved," Tom Kacich, April 24, 2013
]]>The Illinois chapter of the Gift of Adoption was started in 2003 and has since helped complete over 225 adoptions worldwide, thanks to the more than $666,000 they have awarded to families meeting their requirements. The organization provides special attention to cases involving "at risk" children, including those with disabilities and others with siblings they try to keep together. Representatives say many prospective parents are already in difficult financial straits after attempting fertility treatments to have their own children, and may not be prepared for the financial burden the adoption process can place on them.
]]> The organization is bolstered by the rave reviews of the families they have helped over the years, many of whom credit the success of their adoption processes to the charity. Up until a few years ago, the organization was funded strictly through private donations. A brand-new board of directors under new leadership is now approaching larger corporation with the hope of securing more sizeable donations from these large interests.Families embarking on the road to adoption face many challenges along the way. Financial burdens are certainly one of those challenges, but many options are available to aid a suitable family in the complicated process. It may be valuable for prospective parents in Illinois and beyond to educate themselves on all the potential options for support during their adoption process.
Source: Northbrook Star, "Corporate grants would help Northbrook adoption group aid more families," Pat Krochmal, April 23, 2013
]]>Illinois divorce law has remained static since its inception over 35 years ago, but HB 1452 is set to rewrite the book on divorce in the state. The proposed changes include the removal of the "grounds" requirement, and a much more rapid judgment turnaround in divorce cases. It also seeks an end to punitive lawsuits related to the divorce, as well as child support determinations based upon the income of both parties. It also extends new rights to the non-primary parent in custody situations.
]]> Supporters hope the proposed changes to the existing laws will help serve modern families in transition. Specifically, the laws are designed to cut down on inter-spousal acrimony, and make the challenging transition easier on any children involved. As of this writing, there has been no word on the progress of this bill.Any time divorce law changes in a meaningful way, it can have a profound influence on Illinois couples entering into a separation. Understanding your rights and responsibilities in a divorce situation is vital to the success of the process. It may be beneficial to keep up on the most current iterations of divorce law in your area should you be entering or considering a divorce.
Source: Alton Daily News, "Divorce Law Examined," Nick Gale, April 16, 2013
]]>It's good to remember that similar issues arise with respect to credit cards, car loans or other joint debt. There is usually no divorce trial, instead divorce cases are most often resolved by a final settlement agreement. In the agreement, the joint debts are identified and the disposition of each is set forth.
]]> For example, the agreement may provide that one of them is keeping the Mercedes. Title will be signed over, if necessary. However, problems can arise if there's a joint debt on the car. Although the one party agrees to make the payments, this cannot relieve the other of the debt owed to the lender.The agreement may try to solve the problem by saying that the one party will release, indemnify and hold harmless the other regarding the debt. However, the indemnity is ineffective against the lender and if there is a default, the other still owes the debt. The same critical problem can arise regarding the house in a divorce. If one party gets the residence and agrees to make the payments, what happens if he or she defaults on the mortgage?
Similar to the car loan, the agreement cannot force the mortgage lender to release one of them. Accordingly, it's often best for the parties to sell the property. There is another solution: the one party obtains refinancing, which removes the other from the debt. If he or she fails to get the financing, they can revert to selling the house. Of course, other solutions can be chosen if the parties have assets to pay off the mortgage.
These basic principles apply, with slight permeations, in Illinois and nationwide. An effective procedure for a person facing a divorce action is to get a consultation with experienced counsel and learn the rights and obligations that apply under your facts. A strategy for resolving various issues like those discussed above can then be evaluated and eventually adopted.
Source: SummitDaily.com, "Financial Facts: How divorce affects your mortgage," Bob Kieber, April 13, 2013
]]>In many open adoptions, birth parents get the opportunity to have consistent and ongoing contact with adoptive parents. This can give them the peace of mind to know that their children are being well-provided for; something that can make a heart-wrenching decision feel like it truly was the right choice. It can also give adoptive parents the reassurance that their children's birth parents aren't second-guessing the adoption process. That can sometimes provide them with a greater level of comfort as they do take steps to involve birth parents in their children's lives.
]]> In the past, so much of the adoption process was shrouded in secrecy, which could have the unintended side effect of making children feel insecure and wanting answers about where they came from, biologically speaking. These days, it is becoming more possible for adoptive and birth parents to work together to make sure all of their children's emotional needs are being met along with the physical. This can help all of the people involved feel a sense of pride over adoption.Illinois parents who are considering giving their children up for adoption may wish to look into the opportunities for seeking an open adoption. This may help them feel a greater sense of peace with what is a difficult decision for most parents. Further, adoptive parents may find that it actually strengthens their own relationships with their adopted children, since they won't find themselves feeling a potential sense that something is lacking if they don't know anything about their birth families. Of course, this is a sensitive decision that each family must reach on an individual basis.
Source: The Register-Guard, "Open adoption fosters relationships that benefit child," Shari Levine, April 8, 2013
]]>It is important to remember that children do not typically adjust to change with the same ease as adults. While divorce is an involved and often long-term decision for the adults involved, it can come as a shock to children. In addition, while the marriage may be over, the relationship between a departing spouse and his or her children does not necessarily change in the same way. It is important for both parties to recognize their children's need for time to adjust.
]]> That time to adjust extends to new relationships as well. Observers agree it is unfair for parents to ask children to immediately accept a new person into their lives, especially when that person may not be a permanent fixture. Taking time to explore a relationship and develop a solid foundation before bringing children into the mix is vital to the adjustment period.Many also suggest that joint custody can be of benefit to both former spouses when embarking on new relationships. Joint custody means an opportunity for independent time when the children are with the opposite spouse, time that is necessary to build a meaningful new relationship and to allow children to adjust to new circumstances. However, the terms regarding joint custody vary from state to state: Illinois parents may benefit from familiarizing themselves with their rights and responsibilities under our laws before agreeing to such a custody arrangement.
Source: Atlanta Black Star, "Dating Post-Divorce: Introducing Children to a New Love," March 29, 2013
]]>The article surveys researchers' findings from a number of family law studies and concludes that the great majority of children recover fairly quickly from the initial trauma of a divorce. Although children are likely to experience negative feelings of anger, anxiety and shock from the initial news, these symptoms will usually disappear by the first or second year. One family law study followed the children of divorced parents and a group with married parents into later childhood and beyond.
]]> The studies revealed only minimal differences in behavior, delinquency, self-confidence and social relationships between children of divorced parents and those from intact marriages. The conclusion was that the vast majority of children endured divorce well. Some of the research even suggested that some children benefit when the arguing and other marital conflict is brought to an end.In those children who do suffer long-term problems these may have been generated by higher levels of bickering and conflict of the parents during the divorce. Parents should accordingly limit their emotional content and minimize the child's exposure to it. Furthermore, it's an accepted family law principle that when parents tend to manipulate their children like chess pieces during contentious divorce and custody proceedings, there is a detrimental effect. Additionally, it's shown that children do better when the custodial parent is nourishing, emotionally-supportive and even-handed with the children after the divorce.
The Scientific American article makes the general conclusion that most children of divorce become well-adjusted adults. This is reassuring family law news for parents in Illinois and other states who are concerned about the effect of divorce on their children's welfare. It's also encouraging to know that where parents make the effort to follow certain recommended behaviors and approaches during and after the divorce, that these efforts will result in permanent benefits to the children.
Source: scientificamerican.com, "Is Divorce Bad for Children? " Hal Arkowitz and Scott Lillienfeld, March 19, 2013
]]>The bill was drafted by an Illinois legislator after officials learned about a man who is seeking to have his child support obligation overturned. His request is due to the fact that he has only recently learned that the now 13-year-old child at the center of the issue is not his biological child. At issue is the state statute of limitations, noting that a parent has two years to file a petition regarding paternity, a step not taken by the man in this child support matter.
]]> The man was scheduled to appear at a paternity test in 2001 for the child for whom he pays child support. He failed to appear at that time and only learned of a potential issue with the paternity of the child in 2011. It is unclear how federal law may apply to this child support case.Like other non-custodial parents in Illinois, the man in this case was ordered to make child support payments for the boy each month to the custodial parent. When he learned of the parentage issue, he took action to stop the court ordered payments. Now he must wait to learn if the process will allow him to end the child support that he owes for a child that is not his own. If a person in our state finds that they are in a similar situation, they may wish to review the applicable law and procedure to ensure that they are not subject to unnecessary child support orders.
Source: The News-Gazette, "Child-support bill stalls," Tom Kacich, March 5, 2013
]]>One of the best ways to get the right home value would be to enlist the aid of a licensed home appraiser. This can cost someone several hundred dollars, which could initially be daunting. However, the appraisal has the potential to save money in the future, especially if the home value currently being used is incorrect. If the home value comes back lower than what is expected, it could actually result in a lower settlement to the spouse, making the appraisal a good investment. On the other hand, if the current home value is too low, and an appraisal comes back higher, the other spouse could benefit because the settlement could actually be higher.
]]> Realtors can also assist divorcing couples by performing an action called a Comparative Market Analysis. This can sometimes be given for free and provide the couple the current fair market amount for their home. The analysis examines homes currently for sale, or those that have recently sold, and compares it with the value of the couple's home. Although this is a less costly option, it should be noted that it is not as accurate as receiving an appraisal.However an Illinois couple decides to value their home, it is a step that has the potential to save money for both parties in the long run, especially if there is an argument over the value of the home. In the event an appraisal doesn't settle a quarrel, the appraiser could be called to testify about the home if the divorce goes to trial. Taking the time to have the home appraised could be a smart step, especially if one side is fighting to keep the home.
Source: Huffington Post, "Three Ways To Value Your Home In A Divorce," Joseph Cordell, March 1, 2013
]]>Before a divorce settlement is finalized, it may be a good idea to ensure it makes good financial sense and doesn't result in trouble at the end of the tax year. Some may consider asking for a lump sum payment as a way to avoid monthly alimony payments. The lump sum payments are not taxable to the person who received it and cannot be deducted by the person who paid it. However, the spouse who pays will most likely try to negotiate the amount of a lump sum payment in order to take the tax consequences into account.
]]> Asset division can also be affected by the new tax guidelines. When in the process of negotiating the division of a spouse's stock portfolio, be careful that it does not result in significantly increased tax rates. Some may decide the best route would be to negotiate with the spouse for a different asset, such as other retirement funds.However an Illinois couple decides to divide their assets, tax time may be a good thing to keep in mind as negotiations progress. This could mean requesting knowledgeable legal assistance, especially for someone unfamiliar with the potential pitfalls sometimes associated with a divorce settlement. Doing so could result in an equitable settlement, but also reduce the likelihood of an unpleasant surprise come tax season.
Source: Forbes, "Divorcing Women: Will The New Tax Laws Impact Your Divorce Settlement?" Jeff Landers, Feb. 20, 2013
]]>Any time is a good time to get involved in the household finances, no matter how long someone has already been married. Even if one is at the beginning stages of a divorce, taking the time to become familiar with the income entering the home and the amount of debt incurred could be vital during divorce proceedings. In addition, maintaining control over one's own money could make a difference once the divorce is finalized.
]]> Spouses could elect to keep a secret stash of money during the marriage, but it is important to remember that this money has to be divulged in the Financial Affidavit each party is required to fill out during a divorce. If the money has not been kept in a separate account and is not protected by some type of plan or agreement, it could end up as fodder during the divorce settlement. Many women in this situation choose to use planning strategies such as placing the money in a trust or even having the spouse sign a pre- or post-nuptial agreement. Doing so could ensure that the funds in the separate account are afforded some future protection.The benefits of keeping a secret money account may outweigh the downsides. Illinois spouses involved in a divorce who control their own money may have a security blanket once their divorce is over. No one wants to think of a future separation, but advance planning may be a very good idea. Even if the fund doesn't remain secret during the marriage, it could still be worth it to have a protective measure in place if things go wrong.
Source: Forbes, "Pros And Cons Of Keeping A Secret Fund In Case You Divorce," Jeff Landers, Feb. 14, 2013
]]>The new model would likely balance the scales and ensure both parents are financially responsible for their children. It is believed reforming child support could also decrease child custody battles because other states who have made changes to the system report lower instances of custody conflicts. What is stalling the reform revolves around whether the calculations should use a gross or a net model when reviewing a parent's income.
]]> As of now, there has not been any uniform agreement on one particular formula. In addition, a noncustodial parent's visitation time also remains a sticking factor. The state has proposed parents should be allowed overnight time equal to a minimum of 40 percent.Reforming child support is a lengthy process, and although the state is due for a change, it may not occur until 2014. Changing how child support is calculated could help Illinois parents struggling to make ends meet. With the proposed guidelines, the noncustodial parent's true financial picture will be taken into account when calculating the amount that should be paid. This may help ensure child support payments are equitable and result in a better balance between the financial responsibilities both parents shoulder.
Source: DePauliaonline.com, "Seeking child support reform in Illinois," Callie Bretthauer, Feb. 3, 2013
]]>This scenario happened to a man when his wife fled towards the border with his young daughter. He feared there was a real possibility he would never be able to see her again. Fortunately she was apprehended at the border and detained for possession of drug paraphernalia. The child was placed into protective custody, and the father soon arrived to escort her home.
]]> The incident started after his daughter wasn't returned after routine visitation. After the father made repeated attempts to contact his ex-wife, he sought the help of authorities. The mother is now facing charges related to child custody interference and endangering the life of their child. Now the man says he plans to petition the court for sole custody. At this time, his ex-wife still has visitation rights, but he hopes to have those rights severed soon.Illinois child custody battles are typically fraught with emotion. However, when a parent flees in an effort to keep custody, it can turning into a traumatic experience for both the parent and involved child. Anyone experiencing this situation may need to seek court intervention and possibly even the help of law enforcement authorities to ensure their child is safely returned. Unfortunately issues like this can result in a legal battle, but it is very possible a positive resolution can occur with the right guidance.
Source: Liberty Tribune, "Father seeks custody of child after mother heads for the border," Angie Anaya Borgedalen, Jan. 24, 2013
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