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December 2012 Archives

Divorce and vacation homes - considering the implications of selling

Divorces involving vacation homes can be a complicated matter. As a couple negotiates the terms of their divorce, they are faced with the option to either sell the house and split the profits between both parties accordingly, or to agree on one spouse's sole ownership of the property. If you find yourself in this situation, consider the following:

DCFS and safety plans - how to avoid foster care and ensure your children stay in your home

Any situation in which DCFS is involved can be absolutely frightening for the family being investigated. The uncertainty of the future of one's child can be one the most stressful times in one's life. If your family is facing child abuse or neglect allegations, it is important to be advised on how you should handle an investigation by DCFS. Once a case enters the DCFS system, a case worker will launch an investigation often involving a "safety plan." A safety plan, part of Illinois' CERAC (Child Endangerment Risk Assessment Protocol), is a temporary living arrangement designed to ensure absolute protection for a child during the investigation of abuse or neglect in a household. This arrangement typically requires the temporary separation of parent and child, which can be a nightmare for parents. The controversy surrounding safety plans lies in the fact that DCFS often will enforce a safety plan without a significant amount of evidence for abuse or neglect. Nevertheless, if urged to sign a safety plan, it is in the best interest of the parent to cooperate. The following provide a few reasons why cooperation is of utmost importance.

New Illinois law on child support, dissipation of marital assets

A new Illinois law on the terms of child support following a divorce will take effect on January 1. The law, Public Act 97-941, sets clear timetables for the procedure for holding a former spouse accountable for "dissipation" of marital funds. It also clarifies the authority of the court to order the payment of expenses such as child care and education

Pros and cons of hiring a divorce attorney: issues to consider when debating whether to go pro se

While hiring an attorney to handle your divorce is not legally required, it often is beneficial. Many who do not hire a divorce attorney (commonly referred to as going "pro se"), feel that it is economically the best decision. As you weigh the costs and benefits of using an attorney's services versus going pro se, it is in your best interest to be informed of the implications of both sides. The following describe a few pros and cons of hiring a divorce attorney.

Your Entitlement to Divorce Maintenance: 4 Factors to Consider

If you are considering a divorce, you are most likely aware of your rights to alimony, or "maintenance", as it is commonly referred to in Illinois. Maintenance consists of an agreement between two divorcing parties ordered by the courts in which one spouse makes consistent monetary payments to the other after the dissolution of marriage. As you proceed with your divorce, it is important to be aware of the factors surrounding maintenance law. The following describes some of the factors the courts will consider in ruling on divorce maintenance.

More women risk losing health insurance after divorce

According to a recent study, women are at great risk of losing health insurance as a result of divorce. The study found that 115,000 women in the United States lose health insurance each year because of divorce. Many might think that women can just purchase new health insurance on their own through COBRA or buying private insurance. Unfortunately these plans tend to be very expensive, and women might have a difficult time paying for them. Even women who make well above the poverty level and are considered middle-income might have difficulty making payments.

Who pays for the kids' health insurance after divorce?

Insurance is a basic building block of a settled financial life. It isn't just that car insurance is required by the state to get a driver's license. Pretty soon, as ObamaCare take full effect, health insurance will be required as well, unless you want to pay penalties to the IRS.

Modifying and Decreasing Your Child Support Payments - How to Plan

As the non-custodial parent, one may find himself needing to decrease his child support payments. A court's grant of this request can be rare; however, there are certain circumstances under which a request may be granted. Such circumstances often include the loss of a job or a change in salary outside of the child support paying parent's control. If you are wondering whether or not you qualify to request a decrease in child support and what steps to take next, consider the following.

Divorce and data privacy in the digital age

The lack of privacy between marriage partners was a potential problem long before the arrival of the digital age. When things go wrong between spouses and each has access to personal information about the other, opportunities for the misuse of that information are undeniable.

Fathers Pursuing Custody of their Children: Fighting the Statistic

It is often said that women have a greater chance of being granted custody of their children than do men. Statistically speaking, this is true. However, with the right legal assistance, this statistic can be overcome. It is important to know that the courts will always rule on what is in the best interest of the child, regardless of the gender of the custodial parent.  With an experienced child custody lawyer and a strong case, it is very feasible for a father to win custody. The following are a few tips for fathers pursuing custody of their children.

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