Who Gets the Pets in an Illinois Divorce?

Divorce is a complex and emotional time.  While much attention goes to child custody determinations in Illinois divorce cases, one contentious subject that many initially overlook is who gets the pets. 

Man’s best friend, furry children, four-legged friends. Our pets play a significant role in our family dynamics. And when the “pack” is disrupted through divorce or separation, many pet parents are left heartbroken and confused as to what happens next.

At Masters Law Group, we understand the significant role that pets play in our lives and the emotional attachment that comes with them. If you are going through a divorce, you may be wondering who gets to keep your cherished pet and whether “pet custody” is a possibility.

Here’s what you need to know.

How Divorce Laws on Pets Are Changing

Previously, family law cases rarely mentioned pets except in domestic violence situations. Over half of the states permit domestic violence restraining orders to include provisions safeguarding pets, mainly due to the fact that abusers often threaten or harm animals as a means of intimidating family members.

Recently, states have recognized that pets possess a special value to families that can’t be measured solely in monetary terms—despite being considered property. It’s because of this that courts have elevated pets to a status someplace between an inanimate object and a person. Illinois is among the states that have taken this concept a step further by mandating judges to consider the well-being of the pet in divorce cases. This is a significant leap, as it comes with the same standard used by judges when deciding child custody.

When is a Pet a Marital Asset in Illinois?

It’s common in divorce to have disputes over pets, such as dogs, and cats, that are considered part of the family.  The Illinois Marriage and Dissolution of Marriage Act provides custody-like provisions regarding the family pet, also known as a ‘companion animal’ upon a divorce. Marital assets are defined as properties acquired during the marriage. Except for the following instances:

  • Who originally purchased or adopted the pet?
  • Who takes care of the pet on a day-to-day basis? 
  • The ability of each spouse to care for the pet. 
  • The emotional attachment of each spouse to the pet.
  • Any agreements made before or during the marriage regarding pet ownership. 

If the court determines that the companion animal is not a marital asset, the owner will receive their non-marital property. If the court determines that the companion animal is a marital asset, then the court will allocate sole or joint ownership and responsibility for the animal. In doing so, the court must consider the well-being of the companion animal.

Fortunately, Illinois law recognizes that pets hold a special place in families and takes their well-being seriously when determining ownership during divorce proceedings.

How Does the Court Consider the “Well-Being” of the Pet?

It’s worth noting that, unlike child custody (now known as Allocation of Parental Responsibilities), pet custody in Illinois is not based on the pet’s “best interests”. If one spouse can demonstrate that they have been mainly responsible for the daily care and well-being of the pet, including feeding, grooming, exercising, and providing medical care, the court is more likely to award ownership to that spouse.

If you want to retain ownership of your pet after a divorce, it’s important to have evidence that shows your involvement in the pet’s life. This can include photographs and receipts for pet-related expenses such as veterinary bills. These documents show the court your commitment to caring for the pet and the bond you share with them.

It’s important to note that courts may consider parental responsibilities and parenting time when determining pet ownership during a divorce. Children oftentimes share a strong bond with family pets, and a spouse can argue that the majority of parenting time could be affected. If spouses can’t agree on pet ownership, they may need to go to court to have a judge make a decision.

Couples can settle disputes about pets through mediation when a divorce case doesn’t go to court. Regardless of the approach chosen, finding a solution that suits one’s specific circumstances is critical.

Final Thoughts

Pets are important in divorce cases because they represent not only a shared asset but also an emotional connection between the spouses. Determining their custody and care can be a complex and emotionally charged aspect of the divorce process. As such, you should ensure you have excellent legal representation to negotiate or prove your right to the ownership of your pet in an Illinois divorce.

If you’re contemplating divorce or separation and have concerns regarding your pet, property division, parental responsibilities, or other family law matters, reach out to the experienced attorneys at Masters Law Group here today.

 

Does Divorce Affect Adoptions in Illinois?

Parents who adopt aim to give the child/children a stable, loving environment to grow up in. Couples rarely adopt children with plans to divorce. But as we know, it doesn’t always pan out that way. 

After any adoption, with respect to minor children, if the parties divorce, the adoptive parent may have the same duties and parental responsibilities in regard to child support and other issues as though the minor child was his or her natural child. Here’s what you need to know.

Different Types of Adoption in Illinois

There are four main types of minor adoption that are commonly used in Illinois:

  • Related Adoption: Also called a “kinship” adoption, occurs in a situation where the child is adopted by family members, i.e, stepparent, grandparent, sibling, or aunt and uncle. This form of adoption is often the easiest to navigate, because some procedures and requirements may be waived. 
  • Agency Adoption:  In an agency adoption, the parents receive the child from the Department of Children and Family Services (DCFS) or a licensed private adoption agency. The biological parents have already surrendered the child to the state or had their parental rights terminated.
  • Private Adoption: A private adoption occurs when the adoptive parents receive the child directly from the biological family. 
  • Standby Adoption: A standby adoption is a legal arrangement that becomes effective after a specific event occurs, such as the death of a biological parent.

It’s important to note that Illinois also allows for adult adoptions. Adult adoption happens when a person over 18 is adopted by loved ones they have lived with for a substantial amount of time. The adult being adopted must give consent. However, biological parents do not need to give their approval.

Impact of Divorce on Adoption

When a married couple decides to adopt a child, they typically do so together, as joint petitioners. This means that both parents are legally responsible for the child, and both must consent to any decisions regarding the child’s upbringing, education, and medical care. However, if the couple divorces before the adoption is finalized, the situation becomes more complicated.

In Illinois, the adoption process is generally governed by the Illinois Adoption Act. According to this act, if a married couple begins the adoption process and then decides to divorce before the adoption is finalized, the court must determine whether the adoption is in the best interests of the child.

The court will consider various factors when making this determination, including the child’s age, health, and well-being, as well as the ability of each parent to provide a stable and loving home for the child. If the court determines that the adoption is still in the child’s best interests, the adoption can proceed, but the non-adopting spouse will no longer be considered a legal parent of the child.

On the other hand, if the court determines that the adoption is no longer in the child’s best interests, the adoption will be terminated, and the child will remain in the care of their birth parents or legal guardians.

Impact of Divorce on Stepparent Adoption

In some cases, a stepparent may wish to adopt their spouse’s child after a divorce. This process is known as stepparent adoption, and it is subject to different rules than traditional adoption.

Under Illinois law, a stepparent may adopt their spouse’s child if the following conditions are met:

  • The stepparent is married to the child’s legal parent.
  • The child’s other legal parent has consented to the adoption or had their parental rights terminated by a court.
  • The adoption is in the best interests of the child.

If the stepparent meets these requirements, they may petition the court to adopt the child. However, if the legal parent of the child objects to the adoption, the court will have to determine whether the adoption is in the best interests of the child.

If the legal parent does not object, the adoption can proceed without the need for a court hearing, and the stepparent will become the child’s legal parent.

Conclusion

Divorce can have a significant impact on adoption proceedings in Illinois, and it is important to understand the laws and regulations that govern these situations. If you are considering adoption or are going through a divorce while in the process of adopting, it is highly recommended that you consult with an experienced family law attorney who can help guide you through the legal process and protect your rights and the best interests of the child.

At Masters Law Group, our team of skilled attorneys can help guide you through the divorce process and explain the legal implications of how adopted children could be affected.

Schedule a consultation today to begin the conversation.

Illinois Property Division in Divorce

If you are approaching divorce in Illinois, you may wonder how the law treats the division of marital property. Here’s what you need to know. 

Divorce is a difficult and emotional process that can be made even more complicated by the division of property between spouses. Marital property includes more than your family home. The legal definition of an asset in a divorce is anything that has a real value. Assets can include tangible items that can be bought and sold such as cars, properties, furniture, jewelry and even cryptocurrencies such as Bitcoin. 

Illinois is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. This is in contrast to community property states, where marital property is divided equally between the spouses.

The Strain of Property Division on Divorcing Couples

The division of property that you and your spouse have shared for years can seem especially tricky, often introducing fresh grievances or re-igniting old ones in the process. Here are some of the reasons why property division can be difficult in divorce:

  1. Emotional attachments to property: Couples may have emotional attachments to certain properties, such as a family home or heirloom, which can make it difficult to negotiate a fair division.
  2. Disagreements about what is fair: Spouses may have different ideas about what is a fair division of property. For example, one spouse may argue that they should receive a larger share of the marital property because they earned more money, while the other spouse may argue that they should receive a larger share because they contributed more to the household.
  3. Complexity of assets: Couples may have complex assets, such as businesses, investments, or retirement accounts, that are difficult to value and divide.
  4. Difficulty agreeing on values: Even when the assets are not complex, it can be difficult to agree on the value of the assets, especially if they have appreciated or depreciated in value since they were acquired.
  5. Legal complexities: Property division in divorce can be a legally complex process, and couples may struggle to understand the relevant laws and regulations.
  6. Fear of financial instability: Divorce can have a significant impact on a person’s financial stability, and couples may be afraid of the financial consequences of a property division that they perceive as unfair.

Equitable Distribution in Illinois

As mentioned, Illinois is an Equitable distribution state, meaning that a court will divide the marital property in a way that is fair and just, taking into account various factors such as:

  • The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property;
  • The length of the marriage;
  • Primary caregiver status for the child/children;
  • The economic circumstances of each spouse at the time of the property division;
  • Any prenuptial or postnuptial agreements between the spouses;
  • The age, health, and occupation of each spouse;
  • The needs of each spouse; and
  • Any other factors the court deems relevant.

Marital property in Illinois includes all property acquired by either spouse during the marriage, regardless of how it is titled, except for property acquired by gift, inheritance, or a property acquired in exchange for property acquired before the marriage.

Non-marital property, on the other hand, includes property acquired by a spouse before the marriage, property acquired by gift or inheritance, and property acquired in exchange for non-marital property.

Tax Consequences

You will want to be sure to understand how the decisions you make about the division of your property will affect the taxes owed by both you and your spouse.

For instance, if you sell your home or other assets during your divorce, you may be required to pay capital gains taxes. Understanding and addressing tax-related issues will help you avoid financial problems that may arise after you complete your divorce.

Community Property Laws in Illinois

Illinois is not a community property state. Community property states, such as California and Texas, divide marital property equally between the spouses regardless of the contributions each spouse made to acquiring or maintaining the property.

In a community property state, property acquired by either spouse during the marriage is considered community property, and each spouse has an equal interest in it. This includes income earned during the marriage and any property acquired with that income.

Illinois and other equitable distribution states, on the other hand, divide marital property in a way that is fair and just based on the factors discussed above.

Hidden Assets

It is not uncommon for parties to hide their assets from their ex’s and the courts to help swing the distribution of property in their direction.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This involves everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income.

Getting the Legal Help You Need

If you are facing divorce in Illinois, you might decide you want an attorney to help you with your case. It is important to get an experienced lawyer when discussing property division after divorce for several reasons:

  1. Knowledge of the law: A divorce attorney will have a deep understanding of the laws and regulations that govern property division in your state, including the factors that a court will consider when dividing marital property. This knowledge will be invaluable in helping you negotiate a fair and equitable division of property.
  2. Objectivity: Divorce can be an emotionally charged process, and it can be difficult to negotiate property division when you are feeling hurt, angry, or resentful. A divorce attorney can provide an objective perspective and help you make decisions that are in your best interests.
  3. Protection of your rights: A divorce attorney will work to protect your rights and ensure that you receive a fair division of property. They will help you identify assets that may be subject to division and make sure that those assets are valued correctly. They will also help you understand your options for negotiating a division of property, including mediation and litigation if necessary.
  4. Avoiding mistakes: Property division can be a complex process, and it is easy to make mistakes that could have long-lasting financial consequences. A divorce attorney will help you avoid these mistakes and ensure that you are making informed decisions about your property division.
  5. Negotiation skills: A divorce attorney will have strong negotiation skills that can be invaluable in reaching a fair and equitable division of property. They will work to find creative solutions to complex property division issues and help you achieve your goals.

An experienced divorce attorney can help you navigate the complex process of property division and ensure that you receive a fair and equitable division of property.

Conclusion

Divorcing couples may struggle with property division because of emotional attachments, disagreements about what is fair, complex assets, difficulty agreeing on values, legal complexities, and fear of financial instability. It is important for couples to work with experienced divorce attorneys who can guide them through the process and help them reach a fair and equitable property division agreement.

If you are going through a divorce in Illinois and have questions about property division, contact the award-winning attorneys at Masters Law Group. Our highly experienced divorce lawyers are ready to guide you through the process and ensure that your rights are protected.

Set up your consultation here today. 

4 Common Misconceptions About Family Law

Family law matters can be emotionally and mentally draining. Misconceptions about family law can further complicate the process and cause unnecessary misery for all parties involved.

Getting (and giving) bad advice is an unfortunate part of life. While the giver of the advice most probably only means well, they could be sabotaging a case legally without even knowing it.

Gain clarity and confidence in approaching family law matters, including divorce, by debunking the four most common misconceptions below. Here’s what you need to know.

MISCONCEPTION #1: IF MY SPOUSE CHEATED ON ME, THEY WILL AUTOMATICALLY GET LESS PARENTING TIME.

Illinois courts take into account various factors when making custody and parenting time decisions. All of these factors include the best interests of the child. While it can be easy to assume that infidelity will sway the court’s decision, it is important to understand that this is not necessarily the case.

The court is more likely to focus on issues like communication and the child’s relationship with each parent. Working with a professional family law attorney will help you in the long run. The court’s ultimate decision is in the best interests of your child.

MISCONCEPTION #2: THE MOTHER ALWAYS GETS PRIMARY CUSTODY OF THE CHILDREN

In Illinois, the court will consider various factors to determine what is in the child’s best interests. Some of the factors that the court may consider include:

  • The child’s age and physical and emotional needs
  • The living situation of each parent, including the child’s relationship with each parent and the home environment
  • Each parent’s ability to provide for the child’s needs, including financial and emotional support
  • The child’s adjustment to their school, community, and home life
  • The mental and physical health of the parents and the child
  • Any history of domestic violence or substance abuse in the household

In addition, the court may consider the child’s wishes if they are mature enough to express them. This generally applies to older children or teenagers, who may have a better understanding of their preferences and needs. It’s important to note that parents can create their custody agreement, which the court will review to ensure that it is fair and in the child’s best interests. This can be a less adversarial approach and can give parents more control over the outcome of their custody arrangement.

Custody decisions are complex and require careful consideration of various factors. Consulting with an experienced family law attorney can help you understand your options and make informed decisions about your child’s custody arrangement.

MISCONCEPTION #3: I WILL BE DIVORCED SOON AFTER I FILE.

In Illinois, an uncontested divorce can be granted without a waiting period as long as residency requirements are met. However, a contested divorce typically requires a six-month waiting period before it can be finalized. The duration of the divorce process in Illinois varies. Here are some of the potential factors:

  • The complexity of the case
  • The willingness of the parties to cooperate
  • The court’s caseload.

It’s important to note that the process can take longer than six months. Especially if there are significant disagreements between the parties involved. However, working with a family law attorney can help expedite the process and ensure your rights and interests are protected. An attorney can also guide options such as mediation or collaborative divorce to help resolve disputes more efficiently.

MISCONCEPTION #4: I HAVE TO GO TO COURT TO GET DIVORCED.

While some divorces may be litigated in court, alternative methods of dispute resolution are also available. These methods are used to reach a divorce settlement without the need for a court trial. Divorce Mediation is one of the most commonly used methods.

Mediation involves working with a neutral third-party mediator who can help facilitate negotiations between you and your spouse to settle. This approach includes working with your attorney, financial experts, or a mental health professional, to reach a mutually beneficial settlement. Overall, mediation can potentially be a less expensive and less time-consuming approach than going to court. 

FINAL THOUGHTS

Dealing with family law matters like divorce, child custody and parenting time can be emotionally and mentally challenging. However, having a clear understanding of the facts can make the process less daunting. If you are going through a family law issue, it’s important to consult with an experienced family law attorney. They can help guide you through the process and protect your rights.

At Masters Law Group, our award-winning attorneys and law firm have a long history of helping clients successfully navigate through various family law issues.  Our firm’s attorneys are ready to skillfully advocate for your position and provide your voice when you need it most.. 

Contact us here today.

MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: Cyprus and California, USA

In one of our most recent Hague Convention cases, a child was wrongly removed from his residing home in Cyprus and taken to the United States. The attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

The Hague Convention on the Civil Aspects of International Child Abduction is a crucial treaty that provides a legal framework for resolving cases of international child abduction. This convention aims to ensure the prompt return of children who have been wrongfully removed or retained from their country of habitual residence.

However, navigating these complex cases can be challenging, especially without the proper legal representation. At Masters Law Group, our team of Hague-experienced attorneys understands the intricacies of this International law treaty and can provide comprehensive support to families facing international child abduction matters.

In this recent case, the husband – represented by Masters Law Group –  filed a petition for the return of his child who was taken from his residence in Cyprus to the United States by his wife – the mother of the child.  The Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

The ex-husband filed a petition for the return of his child, a 12 year-old who was visiting his mother in the state of California. This case arises under the International Child Abduction Remedies Act. 22 U.S.C. § 9001 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction. The Act entitles a person whose child has been wrongfully removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

In December 2022, the court held a five-day bench trial. The parties had stipulated that the 12-year old had been wrongfully retained under the convention. The trial focused on two affirmative defenses which were ‘grave risk’ and ‘mature child’ defenses.

CASE DETAILS

In this case, the child had lived most of his life in Cyprus. His father had full custody of him since his parents’ separation in 2014. Last summer of 2022, the minor came to the United States for a six-week visit with his mother in California. At the end of the visit, his father came to collect his son but was unsuccessful. The 12-year old has autism and had become determined not to return to Cyprus. Furthermore, his mother refused to turn him over when she was legally obliged to.

Nearly one week after the scheduled meet up went awry, the father filed a Hague Convention petition. The Court observed the 12-year old in chambers, where he answered questions from the Court and counsel for both sides without his parents present. The 12-year old was understandably subdued, but he was composed and calm through several hours of questions from strangers. That time observing the child, (after having had the benefit of testimony and reports from the experts) confirmed that he is on the Autism spectrum.

CASE RESULTS

Both the United States and Cyprus are signatories to the Hague Convention. It is implemented in the United States by the International Child Abduction Remedies Act. 22 U.S.C. §§ 9001 et seq. District courts have concurrent original jurisdiction over actions brought under ICARA. § 9003(a)–(b).

In adjudicating a petition under the Hague Convention, a court may only decide whether the child should be returned to their country of habitual residence. Both the treaty and the statute explicitly preclude courts from making a final custody determination.

The question at hand was where any further custody dispute over the child should play out, not whether living in one country or the other, or with one parent or the other, would be in his best interests.

Both parties agreed that Cyprus was his country of habitual residence at that time; and that the ex-husband was exercising his custody rights as entered by a Cypriot court. Dkt. No. 42. 

The final part of the Convention’s grave-risk exception states that a Court may decline to return a child if it would place the child in an “intolerable situation.” Convention art. 13(b). Exactly what beyond physical or psychological harm would constitute an “intolerable situation” is unclear. It was concluded the child’s life in Cyprus with his father was not intolerable.

CONCLUSION

In summary, the court granted the petition and ordered the child to return to Cyprus in the custody of his father. In addition, the Court will not impose a longer stay without agreement from both sides. As the Court is ordering the return of a child pursuant to an action under 22 U.S.C. § 9003, it is required to order the respondent to pay necessary expenses incurred by the petitioner—including legal fees and transportation costs related to the return of the child—unless the respondent establishes that such order would be clearly inappropriate. § 9007(b)(3).

READ THE FULL CASE REVIEW HERE

HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

Erin Masters and Anthony Joseph have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction involving the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.

How to Handle Out of State Child Support Cases in Illinois

The purpose of a child support order is to help ensure children receive the care they need. But what happens when one parent is ordered to pay child support out of state? Or even outside of the United States?

In Illinois, there are specific laws and procedures in place to handle out-of-state child support cases. This includes those involving international borders and the Hague Convention. Here’s what you need to know about handling out of state child support cases in Illinois.

What is Child Support?

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) provides a framework for child support cases when parents live in different states. Illinois, like most other states, has adopted UIFSA. This means that if the non-custodial parent lives in another state, Illinois can still enforce the child support order.

Under UIFSA, the state where the child resides has jurisdiction over the case. The state where the non-custodial parent lives must follow the laws of the state where the child resides. If you are facing child support issues across state lines, it is crucial to work with a family law attorney who can navigate the complexities of UIFSA and help you achieve a favorable outcome.

Seeking Assistance from the Illinois Child Support Services (CSS)

In the event that the non-custodial parent lives out of state, but you have a child support order in Illinois, the Department of Illinois Child Support Services (DCSS) can provide assistance. DCSS offers the following services to help you:

  • Enforcing the child support order across state lines
  • Modifying the child support order if necessary
  • Establishing paternity
  • Locating the non-custodial parent

DCSS can also work with the federal government to enforce child support orders across international borders. However, it’s important to note that DCSS is not able to provide legal advice and cannot help with the following:

  • Obtaining a divorce or property settlement
  • Modifying a custody or visitation order
  • Obtaining an order for college expenses.

Enforcing Child Support Orders Across International Borders

Illinois can enforce a child support order even if the non-custodial parent lives in another country. OCSE is the U.S. Central Authority for international child support. They work with states and countries to provide assistance to families seeking support when family members live in different countries.

U.S. states process cases with certain countries under different types of reciprocity arrangements, including:

  • Hague Convention countries — countries that have joined the Hague Child Support Convention, and
  • Foreign reciprocating countries (FRCs) — countries and Canadian provinces/territories that have bilateral arrangements with the U.S. government and have not joined the Hague Convention.

Since 2017, the U.S. has participated in an international agreement to streamline child support arrangements around the world, and collecting support from parents who move overseas is now possible in many countries. The purpose of the Hague Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the quick return of the child to their country of habitual residence. Additionally it helps to organize and secure the effective rights of access to a child. Over 80 countries, including the United States are members of the Convention.

According to the Hague Convention, Illinois has the authority to request that the country where the non-custodial parent resides enforces the child support order. As long as the child support order is recognized in that country’s legal system, the country is obligated to comply with the request.

If you are dealing with child support issues across national or international borders, it is essential to work with a knowledgeable family law attorney. Law firms with extensive experience in cases involving international disputes can guide you through the complexities of the Hague Convention and help you protect the best interests of your child.

Working with a Hague Convention Lawyer

When faced with desperate situations, some parents may resort to non-legal means of retrieving their child, such as traveling to the foreign country themselves. However, it’s important to understand that such extra-judicial methods can breach both U.S. federal laws and foreign country laws, and may even make the situation worse.

To ensure the safety and well-being of everyone involved, it’s recommended to hire a Hague Convention lawyer. Masters Law Group can provide expert guidance and support throughout the Hague process to ensure the best possible outcome for all parties concerned.

To read some of our Featured Hague Decisions, see below:

About Masters Law Group

Erin Masters and Anthony Joseph have extensive experience in child support cases involving national and international disputes in both courts located in the State of Illinois and the United States federal court system.

Don’t navigate international law issues alone, trust the knowledge of the attorneys at Masters Law Group. We are passionate advocates for our clients and we work tirelessly to achieve a favorable outcomes for you and your child/children.

To schedule a consultation with one of our attorneys, contact us here today.

Co-Parenting and The Impact on Child Support

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know. 

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent  makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

  • The child’s residence expenses such as mortgage or rent.
  • Utilities such as electricity, gas, and water.
  • The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
  • The child’s food expenses.
  • The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

  • Providing a stable and supportive home environment
  • Making decisions about education and healthcare
  • Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.

Chicago Divorce Lawyer

Navigating Divorce in Chicago: Tips from a Top Lawyer

Divorce is never an easy process, and it can be especially difficult to navigate in a state like Illinois where a quick Google search for “Illinois Divorce Lawyer” brings up 18,100,000 results. Plus, the complex legal system, coupled with the emotional turmoil of separating from your spouse, can make the whole ordeal seem even more overwhelming.

However, with the help of a top Chicago divorce lawyer, you can navigate this challenging period and help achieve a positive outcome for you and your family. Here are some tips from our Chicago-based law firm, Masters Law Group, on how to navigate divorce in Chicago.

Choose the Right Lawyer

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. At Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer free consultations to help you evaluate if we are the right fit for your needs.

Gather Necessary Documentation

Once you’ve decided on a family law attorney, be prepared and gather any necessary documentation that your lawyer will need to build your case. This includes financial records, such as bank statements, tax returns, investment accounts, and real estate records. You should also provide your lawyer with any evidence you may have that supports your case. Such as text messages or emails that demonstrate your spouse’s infidelity or neglectful behavior.

When it comes to property division, it’s important to make a list of all assets and debts that you and your spouse share. This includes assets that are solely in your name or your spouse’s name. This includes everything from retirement accounts and investments to real estate and personal property. Having a detailed inventory of your assets will help your lawyer build a stronger case and ensure that you receive a fair settlement.

It’s also crucial to be honest with your lawyer about any challenges you may face during the divorce process. This includes concerns about child custody or your spouse hiding assets or income (including digital assets like cryptocurrencies. Being upfront and honest with your lawyer in the long run will only help you achieve a positive outcome.

Consider Mediation

Mediation can be an effective way to reach a settlement in a divorce case, without the need for a lengthy and expensive court battle. The mediator’s role is to facilitate the negotiation process, help both parties understand each other’s perspectives, and explore alternative options for resolving disputes. The mediator does not make any decisions for either party but instead works to ensure that both parties have equal opportunities to voice their opinions and arrive at a mutually agreeable outcome.

Mediation can be an effective option for couples who are willing to work together and compromise to achieve a positive outcome. It’s particularly useful for couples who have children, as it can help reduce the stress and trauma that children often experience during a divorce.

Working With Masters Law Group

If you’re looking for a top lawyer in Illinois, consider working with the skilled attorneys at Masters Law Group.

Masters Law Group is located in downtown Chicago, covering divorce cases in Cook County and surrounding regions. Our areas of focus include divorce, allocation of parental responsibilities, and other family law issues.

Our firm has earned a top spot on the list of Best Law Firms 2023 by Best Lawyers® and U.S. News & World Report, and we are highly esteemed and respected by leading peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. Furthermore, our senior attorneys, Erin E. Masters and Anthony G. Joseph, have been recognized by these prestigious publications year after year, showcasing their strong work ethic, character and skill in family law; ensuring that you have someone you can trust on your side during your divorce.

If you’re considering a divorce in the state of Illinois, you don’t have to go it alone. Having the right attorney fighting in your corner can make a significant difference to the outcome of your case. At Masters Law Group, we are dedicated to helping our clients achieve the best possible outcome in their divorce proceedings.

Contact us today to schedule your complimentary consultation.

Post-Divorce Modifications in Illinois

Divorce can be an emotionally charged process, but even after it is finalized, there may be situations that arise that require a modification.

If you are a resident of Illinois, you may have questions about the post-divorce modification process. Whether you are currently in the middle of a divorce, or have already finalized your divorce, this blog will provide you with valuable information and insights.

Marriage Doesn’t Always Run Smoothly

The United States has the sixth highest divorce rate in the world, with 40% to 50% of married couples filing for a divorce. Usually, second or third marriages in the United States have a higher divorce rate: 60% of second marriages and about 73% of third marriages end in divorce.

While Illinois has one of the lowest divorce rates in the nation, it still has an average of 6.2 divorces per thousand marriages.

U.S. states with the lowest divorce rate

With these large numbers of divorces occurring each year, there will be some cases where post-divorce disputes arise.

What is a post-divorce Dispute?

Also known as a post-decree dispute, post-divorce disputes often arise when one party does not fulfill obligations indicated in the divorce settlement. Often, one ex-spouse determines that the other has violated a court order relating to the divorce, for example, when one ex-spouse fails to pay court-ordered alimony.

Some of the most common issues involve:

  • the payment of college expenses,
  • recalculations of child support and emancipation of children,
  • as well as modifications of maintenance.

Illinois has specific legal standards that relate to each of these issues, and we can help inform you of the law that relates to your post-judgment issue.

Many individuals are eager to close this chapter of their lives and move on. However, there may be situations in the future where the court-ordered arrangements may need to be adjusted. This blog is an essential resource for anyone going through post-divorce modification in Illinois. Below, we will cover common questions about post-modification.

POST-DIVORCE MODIFICATIONS IN ILLINOIS

In order to change your divorce decree, parenting plan, or other court orders from your divorce, you must file a Petition for Modification. To initiate the process, you must file a petition with the circuit court in the county where the original order was entered. Your ex-spouse must be served the Petition, and they can then choose to file a Response. 

The court will then schedule a hearing where both parties can present evidence and argue their case. The judge will then consider the evidence and decide if modifications are necessary. If modifications are approved, a new court order outlining the changes will be issued. Both parties must agree on its terms moving forward.

How Do I Know If I Qualify for Post-Divorce Modification?

Typically, modifications to divorce orders will only be approved if substantial changes in circumstances have happened since the original decree was entered. This change could be changes in any of the following:

  • Income and financial resources.
  • Living arrangements.
  • Changes to health and well-being.
  • Changes in need of you or your children. 

The changes must be significant enough to require alterations to the previous orders. Sometimes, modifications are sought due to unforeseen events or issues that were not considered during the divorce, such as uncovered debts or the reappearance of a pre-existing health issue.

What is considered a Major Change in Circumstances?

To modify child custody or other orders established during a divorce, it’s necessary to demonstrate substantial changes that have impacted you and your family. These changes could include changes in financial resources, such as job loss or a health condition that affects one’s ability to work. 

Other events that have affected family members, like remarriage, health problems affecting a parent’s child care capabilities, plans to move, or criminal charges leading to jail time or restrictions, may also play a role in these cases.

How Long Do I Have to Wait to Modify Child Custody After My Divorce?

In Illinois, changes to the allocation of parental responsibilities cannot be made within 2 years of a child custody order being put in place, unless a child’s safety is at risk. A parent must provide evidence that the current custody arrangement poses a risk to the child’s physical, psychological, or emotional well-being.

In contrast, modifications to parenting time can be requested without a waiting period. These requests may be made if there has been a considerable change that impacts the child’s best interests or for minor adjustments. This must be agreed upon by both parents and it needs to reflect the current arrangement. Additionally, modifications can be made if the court was unaware of these circumstances that would have affected the original child custody decision.

Can Changes be Made on Property Division?

Typically, court orders for the division of marital property are final and cannot be altered after the divorce is completed. However, in certain situations, a couple may need to go back to court to handle issues that came up or were discovered post-divorce. 

For instance, if you find out that your spouse had undisclosed assets or didn’t provide required financial information during the divorce, you can file a petition to revisit the case. This would ensure an equitable distribution of all marital assets. There are many factors at hand when you try to split up assets. Here are just a few that are considered:

  • Economic circumstances of each spouse
  • Child upbringing costs
  • Existing court maintenance orders
  • Financial contributions from previous marriages
  • Prenuptial or postnuptial agreements
  • The status of each spouse (i.e. age, health, occupation, employability)
  • Consequences of tax reallocation from a property division

Next Steps To Consider

If you are going through the post-divorce modification process in Illinois, it’s important to protect you and your family. Consider the following steps:

  • Review your divorce agreement to see what can and cannot be modified.
  • Determine if a substantial change in circumstances has occurred.
  • Consider consulting an attorney to help you navigate the process and provide you with guidance on your legal rights and options.
  • Gather relevant documentation such as financial records, medical records, or other evidence that may support your request for modification.
  • File the petition with the circuit court in the county where the original order was made.
  • Attend the court hearing and provide evidence to support your request for modification.
  • Be prepared for possible outcomes, such as modification granted, denied, or delayed.

It is important to keep in mind that the legal process of modifying a divorce decree can be complex and time-consuming, and seeking the help of a skilled family law attorney can be helpful in ensuring that your rights and interests are protected.

Last Thoughts

Navigating divorce can prove challenging for all involved parties. If you are considering filing for a post-divorce modification, it’s important to speak with an experienced Illinois divorce attorney. At Masters Law Group, our seasoned attorneys can review your case and provide guidance on how to move forward with applicable modifications.

Masters Law Group ALWAYS advocates on your behalf to make sure your rights are protected and family needs are legally met. Contact us today to schedule a consultation.

Who Receives Child Tax Credits After Divorce?

Single, married or separated, as a parent, your top priority is to provide for your children and ensure that they have the most secure future possible. Here’s what you need to know about understanding Child Tax Credits amid divorce. 

Child tax credit is important if you have dependent children in your family. If you are currently going through divorce, or have already dissolved your marriage, you could be left with even more questions.

Here’s what you need to know.

What are the Child Tax Credits?

 Child Tax Credits are a federal tax credit that provides financial support to families with children.

As part of a 2021 coronavirus relief package, significant modifications were made to the country’s tax legislation. Many U.S. residents consequently earned additional Child Tax Credit relief, which was given out as monthly payments of up to 300 dollars per child. The IRS paid a portion of the Child Tax Credit in advance for a portion of 2021. Both in 2022 and 2023, those advance payments were not scheduled to be made available.

The Child Tax Credit was reduced to 2,000 dollars per eligible child for tax year 2022, and the 300 dollars advance monthly installments were no longer available.

The Child Tax Credit is scheduled to stay at 2,000 dollars per eligible child for tax year 2023, but without any upfront monthly payments.

What if I am Separated or Divorced?

If you are divorced, which parent gets the tax credits? When the terms of the divorce clearly identify a custodial parent — the parent who has primary custody of the child — that parent is legally entitled to claim the child as a dependent and receive any associated assistance.

As per the conditions of the credit, generally it is not possible to split the payment and therefore only one parent can claim it each year.

There is a special rule for divorced or separated parents or parents who live apart for the last 6 months of the calendar year. If the requirements of the special rule are satisfied, then the child is treated as the qualifying child of the noncustodial parent for purposes of the child tax credit/credit for other dependents, while the custodial parent may claim the dependent care credit and EITC, under the general rules.

For more information, see ‘Applying the tiebreaker rules to divorced or separated parents (or parents who live apart)’ in Pub. 501 and ‘Special rule for divorced or separated parents (or parents who live apart)’ in Publication 596. See Publication 501, Dependents, Standard Deduction, and Filing Information, for more information.

If you mistakenly claimed the child as your dependent, you should unenroll from receiving the monthly payments. Otherwise, you may have to pay that money back next year.

Are All Parents Eligible for Receiving Child Tax Credit?

No. In order to be eligible for the Child Tax Credit, parents must file taxes and meet certain residency and income standards.

You can claim the Child Tax Credit for each qualifying child who has a Social Security number that is valid for employment in the United States.

To be a qualifying child for the 2022/3 tax year, your dependent generally must:

  • Be under age 17 at the end of the year
  • Be your son, daughter, stepchild, eligible foster child, brother, sister, stepbrother, stepsister, half-brother, half-sister, or a descendant of one of these (for example, a grandchild, niece or nephew)
  • Provide no more than half of their own financial support during the year
  • Have lived with you for more than half the year
  • Be properly claimed as your dependent on your tax return
  • Not file a joint return with their spouse for the tax year or file it only to claim a refund of withheld income tax or estimated tax paid
  • Have been a U.S. citizen, U.S. national or U.S. resident alien

You can claim the Child Tax Credit by entering your children and other dependents on Form 1040, U.S. Individual Income Tax Return, and attaching a completed Schedule 8812, Credits for Qualifying Children and Other Dependents.

Still Disputing Tax Credits with Your Ex?

If you are still unsure of who the main custodial parent is, or you have no solid parentage, parenting time or allocation of parental responsibilities schedules in place, generally, the custodial parent is the parent who has physical custody of the child for the greater portion of the calendar year. If there are still disputes over who should get the money, a parent could file with the courts.

Navigating the system can be complex and overwhelming. It’s essential you understand your rights and make an accurate claim. If you do decide to take it to court or if you need advice on your situation, it’s best to speak with the experienced family law attorneys at Masters Law Group. We can help you understand the issues that will affect you, including your ability to claim children as dependents and receive tax credits.

Schedule your consultation here today.