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Retirement and child support payments

With regard to child support, our law firm knows that there are a multitude of issues to take into consideration. For parents who are having a hard time paying child support, daily life can be overwhelming and there are various penalties they may face if they fall behind. Across Illinois, there are other circumstances in which a parent's child support order could be affected. For example, if you have recently retired or plan to retire soon, this significant change could also affect your child support payments.

Retiring can be overwhelming for some people, while others look forward to having more free time. Along with this major milestone comes other changes, which could be particularly important if you are required to pay child support. Once you no longer work, your ability to pay the current amount of child support you owe may change. However, you could be able to modify your child support order, depending on how your income has changed. As with all family law matters, it is crucial to carefully go over any details that could be relevant to your case and make sure that you are prepared for some of the issues that could lie ahead.

What is sole custody?

If you are involved in a custody case in Illinois, you should know the different options you have in the type of custody you can request. One of those is sole custody. According to The Spruce, sole custody is when one parent has the sole responsibility and control over the children. If you are granted sole custody, you do not need to confer with your children's other parent when making major decisions if you do not want to. You have the authority to make any and all decisions about your children.

Sole custody has some downsides, which the court will take into consideration. If you and your children's other parent are both involved in their lives, then the court will likely seek to continue that involvement and will not remove the other parent's rights by granting you sole custody. However, if the children's other parent is not involved in their lives, sole custody may be seen as the best decision because it gives you complete legal control over the children. You will be able to make decisions without worrying about whether the other parent will try to step in. It can also be the best decision in situations where you and the children's other parent cannot come to an agreement on anything because it may provide more stability for children in this type of situation.

Is it possible to co-parent peacefully during the school year?

Now that the kids are back in school, you may find yourself wondering how you and your soon-to-be ex-spouse can create a co-parenting plan that works for everyone. With all the changes and confusion that your separation is creating, you may be struggling with the concept of co-parenting. While you are working on making the proper arrangements, your kids must deal with the stress and uncertainty that your divorce and school brings. 

Many parents get divorced in the Wheaton area. Some of them embrace the opportunity to work together and raise their kids. Others may approach their situations cautiously and less amicably. Put aside your feelings and stay positive. Before making any arrangements, consider the following suggestions for a peaceful co-parenting plan. 

How can back child support affect my tax refund?

As the non-custodial parent of a child, you could be going through various challenges. Whether you are in the middle of a custody dispute or are having disagreements with your child's other parent for different reasons, there are times when it can be difficult to be a non-custodial parent. However, child support can be very hard, especially if you have found yourself in a position where you can no longer make your payments on time. If you live in Wheaton, or another city in Illinois, your tax refund could even be affected by unpaid child support.

On their website, the Internal Revenue Service states that tax refunds are offset when a parent fails to fulfill his or her child support obligations. Parents in this position will be informed by the Bureau of the Fiscal Service that their refund is being offset as a result of child support delinquency. Moreover, the IRS states that parents whose tax refund has been offset should contact the BFS if they believe that an incorrect amount was intercepted or that they do not owe child support.

What is a coerced confession?

If you are arrested in Illinois, you have the right to remain silent and the right to an attorney. These rights must be read to you when you are taken into custody. It is the law. However, just because you are told you have these rights, it does not mean you understand them or that law enforcement cannot try to get you to give them up. It is in everyone's best interest to honor these rights, though. This is because when they are not honored, it could lead to a coerced confession, which in the end, hurts everyone involved.

According to the Innocence Project, there is an even deeper issue when rights are ignored or overlooked, which is coerced confessions. This is when you confess to a crime you did not commit. Often it is due to police interrogations and pressure. It is not against the law for law enforcement to trick suspects and use false information to try to get a suspect to confess. In some cases, false confessions are also due to misunderstandings, fear and intoxication. If you are mentally disabled, you may also confess without understanding what you are doing.

How can a domestic violence/assault charge affect my job?

If you have been falsely accused of domestic violence in Illinois, you should learn about the ways it can affect your job. People who have criminal backgrounds and arrest records are not often treated fairly, nor are they always given a second chance after they have repaid their debts to society. 

Take some time to learn how a domestic violence or assault charge and arrest can affect your employment. Once you understand what is at stake, you can take steps to improve the outcome of your situation and lessen its impact. 

Search your rights before letting police search your car

If you are like most Illinois residents, seeing flashing lights in your rearview mirror causes at least a temporary panic. During the traffic stop, the officer may ask to search your vehicle. Should you say yes?

The simple answer is that you do not have to consent to the search. In fact, if an officer requests your consent to the search, it may be because he or she does not have any legal reason for the search. Even so, the law and the highest court in the land provide police with some extra leeway when it comes to searching vehicles.

What is virtual visitation?

There are a variety of situations courts run up against when deciding child custody cases in Illinois. In any situation, though, the court's main concern is creating a parenting plan that is best for the child and considers the child's ability to have a healthy relationship with both parents. A relatively new idea has been introduced in courts called virtual visitation, which according to Divorce Help for Parents, is where technology is used to assist with visitation when the parent cannot physically be with the child.

You may be the custodial parent of your child but his or her other parent also has rights. The court wants to be sure he or she has just as much influence over your child's life and ability to bond with your child as you do. In situations where your child's other parent cannot be with your child physically, such as when a parent moves out of state or is deployed in the military, it becomes more difficult to arrange parenting time. In times like these, courts are starting to turn to technology to bridge the gap and help ensure parents are able to stay in their children's lives, which is where virtual visitation comes into play.

Can you identify warning signs of an abusive relationship?

If you are in a relationship that is suspiciously volatile, you may be wondering if your spouse is abusive. While every case of domestic violence in Illinois is different in terms of severity and circumstance, there are underlying signs you can look for to protect yourself and avoid a potentially dangerous situation.

According to the Huffington Post, there are several indicators that you could look for early on in any relationship that are common traits in abusive situations. These include the following:

  • Overprotection and concern: If your spouse seems to be so concerned about you that it borders overprotection, you may want to look closer. He or she may want to know where you are at all times, who you are spending time with and how you are spending your money. If you neglect to respond right away, he or she may make decisions on your behalf or demand a decision from you.
  • Excessive gifts: While you may enjoy receiving expensive gifts, too much gift giving is certainly a red flag. If your spouse regularly showers you with unexpected, expensive or excessive gifts, he or she could be trying to distract you from other negative or controlling behaviors.
  • Jealousy: One of the primary signs to watch for is jealousy. If your spouse cannot handle the thought of you talking to or being near another person of the opposite gender, it could be an early warning sign to be aware of.

New child support guidelines for 2017

Child support guidelines for figuring how much will be paid are changing this year in Illinois. According to the Illinois State Bar Association, the new support guidelines will go into effect on July 1, 2017. These changes will overhaul how child support payments are calculated to now include both parents income and parenting time.

Prior to the changes, support was figured based on only the income of the parent who would be paying. The new guidelines are referred to as an income shares model, which means it will base support on the average amount of income a two-parent family in the state would spend on raising a child. Also, considered is how much time the child spends with each parent and the total number of children in the family.

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