Many court Orders will provide that a parent who is paying child support must be current on child support in order to be eligible to claim tax exemption(s). This time of year is when that issue often comes to the forefront.
Family Law in General
Divorce or child custody cases that involve multiple states can have an added layer of complexity, making it all the more important to handle such cases carefully.
A child custody or divorce case can be one of the most important events in a person’s life. It can also be one of the more expensive events too. However, there are things that a person can do to help minimize that expense while also seeking the best possible outcome for the case.
In a child custody case, those who try to represent themselves tend to run into significant problems. Every person who is facing a child custody case needs an attorney, for two main reasons:
In Divorce and child custody cases, Interrogatories are a common discovery tool. Interrogatories can help a party to obtain information that is needed to reach a favorable settlement, or to take the case to trial.
It is common in divorce and custody cases in Iowa and Illinois for the court to award a non-custodial parent (a parent who does not have primary physical care) an extended block of visitation in the summer months. Summer visitation is also commonly awarded to both parents so that each parent can have an opportunity to take a vacation or otherwise spend time with the child. Summer visitation can be a great opportunity for a parent to spend more time with … Continued
In a divorce or custody case, Requests for Production of Documents is a commonly used discovery tool.
Depositions can be useful tools in child custody and divorce cases in Iowa and Illinois.
Filing a child custody case in the right location is important.
In many cases these days, a child is endangered or harmed by a the new spouse, boyfriend, or girlfriend of an ex. Properly addressing such a situation is vital to ensuring the safety of the child.
In divorce and child custody cases in Illinois and Iowa, Discovery is an important part of the case. Discovery refers to the process through which each side in a divorce or custody case is entitled to gather information from the other side, for use in court later. It is important to comply with discovery, as a failure to do so can result in significant harm to a case.
People will sometimes attempt to represent themselves in a divorce case. When a person acts as their own lawyer (pro se) in a divorce, there are often serious problems created, both in the short term and the long term. Anyone who is considering representing themselves should consider the possible ramifications before proceeding.
The first step in the divorce process, is determining where exactly to file the divorce and begin court proceedings. This process is usually simple, but it can be difficult for military families. For a divorce judgment to be valid, one of the individuals usually must be domiciled in the State issuing the divorce decree.
A common question in divorce cases is how long it will take for the divorce to be completed. The answer to that question depends upon many different factors that are unique to each case. Those factors include the following:
When a married couple is going through a divorce case, the issue of how to file taxes and what to do with a tax refund often arises. Properly handling such a tax situation is important.
During a divorce case, it is critical that both spouses carefully choose their words when discussing the situation with their children. This is important for both the mental wellbeing of the children, and each spouse’s legal interests in the case.
The question of where to file for divorce is one that can be complex, especially when a person has moved recently or has a spouse who lives in another state. Selecting the right jurisdiction and venue for the divorce case is important, as incorrect choices can cause significant harm to a person’s case and interests.
When a person consults with a lawyer about their family law case, there are many different things that should be discussed so that the client is as informed as possible about how the case would proceed and the terms of representation. While each situation is different, there are some common things that are applicable in every case:
Those involved in a divorce case are sometimes tempted to use spyware or other snooping techniques to spy upon their spouse. Such spying is not favored by the courts in Illinois or Iowa, and can even result in criminal charges.
In a divorce or custody case, there can be advantages to being the first to file.
In divorce cases, it is not uncommon for a spouse to try and hide assets from the other spouse and the legal system. It is important to properly handle such attempts to hide assets.
In divorce case, there is always the question about how to break the news about a divorce to one’s spouse. The right way to handle the sharing of that information is something that will be different for each person, depending upon the unique facts in each case.
Before and during a divorce is started, many people consider moving out of the marital home. The decision as to whether to move out or remain in the marital residence is a complex one that has significant ramifications upon property, custody, alimony, and other issues for those with cases in Illinois and Iowa.
It is sadly common for an opposing party in a family law case to engage in conduct that is fraudulent or involves perjury (lying under oath). Handling those situations properly, so that the lies do not result in an unfair custody, child support, or other outcome is of great
A parent who is facing visitation interference should carefully document and report that interference, so that their attorney can properly use that evidence in court to resolve the problem.
In some counties, there is a “one judge one child” rule which means that a single judge is assigned to handle each hearing in a divorce or custody case that involves one or more minor children. The purpose of that rule is to ensure that the judge who makes the final custody determination is as familiar with the case as possible, since that judge’s ruling will have a long-lasting effect upon the child’s life. The one judge one child rule … Continued
A Joint Parenting Agreement is a common legal document in divorce or child custody cases in Illinois and Iowa. It contains the terms under which the parents of a child or children will interact as to each other and the children.
In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
A divorce decree (often formally called a Decree of Divorce or Decree of Dissolution of Marriage) is the formal legal document entered by the court that dissolves the marital relationship between the spouses. Essentially, a divorce decree is the document that
The term “father rights” is often informally used in connection with a divorce or child custody cases in Illinois. This article addresses father’s rights and the state of the law in Iowa and Illinois insofar as the gender of a parent is concerned.
Child support in Illinois and Iowa are based in large part upon the income of the parent who is paying child support. That makes determining the proper amount of income for child support an important aspect of the case. The Iowa District Court and the Illinois Circuit Court have the authority to impute income to either party when child support is being calculated.
At some point during their divorce case, many people will encounter attempts at manipulation from their spouse. This manipulation can center around just about any of the matters that exist in a divorce case, and is important to handle correctly as the outcome of a divorce case will affect a person’s life for years and years.
When a person and their spouse believe they are in agreement about every aspect of their divorce case, they will often express a desire to get divorced without having to “go to court.” This article addresses what is commonly meant by such a statement and how uncontested divorces in Iowa and Illinois work.
A person who is served with papers for a child custody case is often shocked and upset by the situation. Handing things the right way during that upsetting time is important, as missteps can result in lasting harm to a person’s child custody situation.
In family law cases, the best interest of the child is the court’s highest priority. The Iowa District Court and Illinois Circuit Court judges who handle custody and divorce cases are required by law to follow that standard. This article discusses the best interests of the child as applied by the courts.
The holidays can be a wonderful time to spend with loved ones, yet it can also be one of the more difficult times for those with family law issues. Properly addressing such problems can help keep the holidays enjoyable.
In divorce cases, the division of retirement accounts and pensions is often an issue. Properly handling 401(k), pension, thrift saving plans, annuities, IRAs, and other retirement plans is of great importance in Iowa and Illinois.
Being served with divorce papers can be an upsetting and stressful event for many people. However, it is important to handles the situation properly so as to avoid harm to one’s custody and property rights.
Mediation is a process employed by many courts to try and resolve some or all of the contested matters in a divorce case, without having to proceed to a trial. Sometimes mediation is mandatory, and other times it is voluntary. The mediation process has the potential to be useful to parties in a divorce case, but mediation also can lead to problems if it is not handled properly.
During divorce cases, it is not uncommon for a spouse to try and spend marital money in an inappropriate manner. Sometimes that involves emptying out bank accounts. Other times, a spouse will overuse credit cards during the divorce case. It is important to address that improper spending quickly in Illinois or Iowa.
In Illinois and Iowa custody cases, the court has the authority to issue in emergency injunction to prevent harm to a child. This article discusses injunctions in the Illinois Circuit Court and Iowa District Court.
Facebook is used by over a billion people every day, and as such it has an important role to play in many divorce, custody, and protective order cases that take place in the states of Iowa and Illinois.
In divorce, custody, and juvenile cases in the states of Illinois and Iowa, a Guardian ad litem can be appointed by the court to represent the legal interests of a minor child in the case. This article will discuss the role of a Guardian ad litem in
In cases where a child’s safety or well-being (physical or emotional) would be endangered by regular visitation with a parent, the courts in Iowa and Illinois have the authority to order that visitation be supervised by a
All too often in divorce and custody cases, the opposing party will purposely waste a client’s time and money on frivolous court appearances. Such a situation can often be addressed in Illinois or Iowa through a Motion with the court, when such behavior rises to the level of violating various Rules of Civil Procedure.
When it comes to handling a child custody case, there is no time like the present. There are several reasons this is true, in both Illinois and Iowa custody cases.
When a parent’s visitation is interfered with, it causes harm to both the child and that parent. The law in the states of Iowa and Illinois recognize
For a parent that is not the primary caregiver for a child, holidays can especially important. That is because the holidays are a time when a combination of factors come together to create an ideal
In some situations, a court can grant an emergency injunction as part of a divorce or custody case. That emergency injunction can be used to prevent parental kidnapping, injury to children, or other serious
When it comes to Child Support, handling the case as soon as possible is almost always the best course of action. That is true for the parent who is receiving child support, and for the parent who is paying child support.