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Peoria Illinois Family Law Blog

What is non-marital property?

In Illinois, courts are required to divide up a couple's marital property in the event of a divorce or separation. Basically, marital property is just about any asset, or debt, that either party either owns or owes.

This is so without regard to who purchased the asset, who legally owns it or who spent most of the time and energy caring for and maintaining it.

Income imputation and child support

If you are paying child support to your former partner, this is likely to be a significant strain on your finances. If your ex-spouse does not work, you may feel frustrated by what you might consider as a lack of effort on their part. It's likely that you will wonder about the options available to you regarding modifying the child support order.

It is possible to use income imputation to modify the child support order in certain circumstances. Income imputation is a way of using one parent's earning potential rather than their actual income to calculate the child support owed. This helps to incentivize both parents to fulfill their responsibilities to their children.

Child support for self-employed parents

While figuring out child support is never an easy task, it is relatively simple when both parents work a traditional job and earn a paycheck. Especially if their paychecks are predictable, calculating child support is a matter of applying the Illinois Child Support Guidelines to each parent's salary.

However, when a Peoria, Illinois, parent works in her own business, her income might not be steady. For example, even a successful realtor who works hard may have months in which she sells several homes or buildings followed by months of making very little income.

What is the right of first refusal?

The phrase right of first refusal means different things depending on what area of law one is discussing. In the world of family law, the right of first refusal refers to the option of one parent to watch a couple's children when the other parent needs child care.

The right of first refusal can be granted as part of an Illinois court's allocation of parental responsibilities order. Even though it is referred to as a right, first refusal is not automatic. The court has to decide that granting the right of first refusal is in the best interest of the children involved. While a court will still have to approve of their agreement, parents also have the option of negotiating how they will handle the right of first refusal between themselves.

Putting a value on a doctor's medical practice

There a lot of reasons why a doctor in the Peoria area may need to figure out how much her medical practice is worth, assuming of course that she is in business for herself. For example, she may wish to break off from her partners to take a new and better direction in her career, or she may have a hospital or larger practice interested in acquiring her patients and her expertise.

On perhaps a less happy note, the doctor may also be going through a divorce. In such cases, his medical practice will likely be subject to property division between his spouse and him. The judge will not necessarily give the doctor's spouse some share of the practice, but the judge will factor the value of the practice in to its overall fair division of assets.

What will you do about your joint credit card debt in divorce?

The divorce process forces you to spend a good amount of time learning more about your assets and debts. It's common to focus most of your attention on property division, such as who gets the house and cars, but you shouldn't sweep your debt under the rug. Neglecting to tackle this head on can result in additional stress and tension as you work through your divorce.

In many cases, the couples with the most assets are the ones with the most debt. This is particularly true when it comes to credit card debt.

How a support order helps with a child's health care

Child support is supposed to cover many of the daily expenses that Peoria, Illinois, parents incur when they are trying to raise their children, expenses such as clothing, food and the cost of shelter, not to mention other important costs like education and even the occasional gift or treat.

When parents are living apart, the idea is that a parent's child support payment is his or her fair share contribution toward the cost of raising a child. Normally, this works out such that both parents, and the child, are treated fairly.

How do I put a price tag on a piece of fine art?

Many couples in the Peoria area may enjoy collecting fine art both from already famous artists as well as from those who may be up and coming in the art world. People with the money to do so may find this hobby quite enjoyable for a number of reasons.

When a married couple decides to separate, though, the artwork will likely be part of the property division. Since a painting or sculpture cannot be literally split in two like the funds in a bank account, the artwork will have to have a hypothetical price tag assigned to it, even if there are no plans to actually sell it.

Representation when domestic violence is an issue

A previous post on this blog talked about the special issues that get raised in allocation of parental responsibilities cases where domestic violence is an issue.

To summarize that post, the good news, or bad news, for parents is that a credible accusation of domestic violence, even when no criminal charges are filed, will be considered by the court when it allocates responsibilities. Depending on the circumstances, the court could even use the accusation as a reason for restricting parenting time.

How allocation works when domestic violence is an issue

The prevailing wisdom when it comes to allocation of parental responsibilities these days is that the best interests of a child are served when both parents share in the important aspects of a child's life and have plenty of time to raise and care for the child.

Indeed, many Peoria parents likely find this sort of arrangement helpful generally and, in particular, beneficial to their children. However, the prevailing wisdom does not work in all cases.

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  • 10 Best 3 Years Attorney Client Satisfaction American Institute Of Family Law Attorneys 2015-2017

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