Illinois Law (Section 504) provides that a party to a divorce or legal separation may be awarded maintenance (formerly known as alimony) after the Court considers all of the relevant factors of the case. In deciding whether to award a party maintenance from their spouse, the Court will consider the needs of each party, the incomes of each
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When it comes to issues of maintenance, claiming dependent exemptions, and allocating deductions, there are important tax considerations. Understanding the tax ramifications of each issue is often critical in ensuring compliance with the Internal Revenue Service Code and avoiding significant penalties. With tax season upon us, the following is a brief overview of basic tax
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It is surprising to many parties that they can be ordered to contribute to their children’s college tuition and expenses upon a divorce, or a parentage order goes into effect, when there isn’t a legal requirement to contribute to same otherwise. However, whether or not parties will be contributing to their children’s college education
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As part of the court’s determination of net income for purposes of setting an award for child support, the court, under 750 ILCS 5/505(a)(3), considers unemployment compensation as well as workers’ compensation awards within the scope of the statutory definition of “net income.” In In re Marriage of Dodds, 222 Ill.App.3d 99, 583 N.E.2d 608,
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Today, if a party does not pay child support and is found to be in arrears, interest is automatically awarded via statute. However, prior to an Illinois Supreme Court ruling in 2011, child support interest was not considered mandatory. Rather, Illinois Courts had the discretion to award interest on back child support, but were
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Under Illinois law, 750 ILCS 5/404.1, parents of minor children may be ordered by the court to complete an educational program that addresses the effects of dissolution of marriage on the minor children. Each county has specific court-approved programs, many of which are available online now. Generally, divorcing couples cannot get divorced until they have
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