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Recent Blog Posts

Can I Deduct Child Support on My Taxes?

 Posted on February 01, 2019 in Child Support

For parents who do not have the majority of parenting time of their children, state law typically requires that child support payments are made to the parent having the majority parenting time. The amount of a child support payment is determined based on a state’s child support guidelines, and, once a child support order is issued by a court, must be paid on time and in full.

Those who have to pay child support often have questions about the system, including whether or not child support payments can be deducted from one’s taxes. Here’s what you need to know–

Child Support Payments Are Not Deductible

According to an FAQ page provided by the Internal Revenue Service (IRS), child support payments are neither deductible by the child support payer, nor counted as taxable income by the child support receiver.

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Legal Protection in an Abusive Relationship

 Posted on February 01, 2019 in Orders Of Protection

Being involved in an abusive relationship can be an emotional rollercoaster, and one that leaves you feeling confused, sad and scared about your future and your safety. If you are in an abusive relationship, taking action to protect yourself, even if doing so is challenging, is recommended. At the law offices of Fay, Farrow & Associates, P.C., our domestic violence lawyers can help you to understand your right to seek legal protection if you are in an abusive relationship. If you are at risk of imminent harm, seek shelter and call 911 – then, call our law firm for legal counsel you can trust.

Legal Protections for Victims of Domestic Abuse

The website of the Illinois Attorney General details the rights of domestic violence victims, explains that domestic violence is a crime, and defines family and household members (those who have the right to seek domestic violence protections) under Illinois law. According to the law, a person may seek protection from another who is guilty of domestic violence even if they are not living together if the two people are dating, are engaged, or were dating or were engaged. This protection applies to same-sex couples, too.

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What Is 50/50 Custody (Parenting time)?

 Posted on February 01, 2019 in Child Custody

When getting a divorce as a parent, one of the most pressing things that will need to be resolved prior to the finalization of the divorce is how custody or parenting time of a child will be shared. While some people may assume that a mother will be granted custody, or that it is best if a child lives with one parent full-time and simply visits with the other, the idea of 50/50 custody or parenting time in Illinois is gaining traction.

What Is 50/50 Custody (Parenting Time)?

As explained by an article in NPR Illinois, 50/50 custody, or equal parent time, refers to an elimination of any bias towards one parent over the other, and creates a presumption that equal, shared parenting time of a child is within a child’s best interests.

Of course, the presumption that a 50/50 split is best for a child can be challenged, and any evidence presented that holds that equal parenting time of a child is not within a child’s best interest could result in a different arrangement. Two of biggest benefits of the 50/50 presumption being the starting point in a child custody case, according to the article cited above, is that it gives fathers more opportunity to be involved in children’s lives and promotes equal parenting rights statewide.

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Can I Petition for My Ex to Pay for My Legal Fees in a Divorce?

 Posted on January 01, 2019 in Divorce

There is no question that filing for a divorce, navigating and resolving the myriad issues in a divorce, and hiring a divorce lawyer can be expensive. In fact, some divorces may result in court and legal fees that total into the tens of thousands of a dollars – a financial burden that can be a lot for a person to bear.

If you are filing for divorce in Illinois, filing a petition requesting that your spouse pay for your legal fees may be possible. Our lawyers can guide you in navigating this possibility and understanding your divorce legal fees–

Who Pays for Legal Fees in a Divorce?

In most cases, spouses are required to pay for their own legal fees in a divorce. This means that if you hire an attorney to represent you, you will have to pay your attorney’s fees out of pocket, just as your spouse will be responsible for paying for their own legal fees. Of course, there are exceptions to this.

When Your Spouse May Be Ordered to Pay Your Legal Fees

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Effects of Social Media in a Divorce

 Posted on January 01, 2019 in Divorce

With the increase in social media usage by persons of all ages, there has been a plethora of research published about the effects of social media on a marriage. Indeed, researchers have observed that social media usage is associated with unhappier marriages and higher divorce rates.

And not only may using social media excessively have an effect on your marriage, but on the divorce process, too. Consider the following about how social media can affect your divorce

Divorce and Social Media – What You Need to Know

If you thought that your social media activity was completely private and wouldn’t have any effect on your divorce, think again.

  • Social media – texts, emails, messages and more are a type of evidence. The first thing that you should know is that anything that you do online or electronically, from uploading a photo to sending a text message to receiving an email and more is an activity that can be tracked; your electronic footprint is very difficult, if not impossible, to erase. All of the above are types of evidence that very well may be used against you in a divorce case to show that you were having an affair, spending recklessly, engaging in unfit behavior for the purpose of a child custody case, and more.

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Tips to Avoid a Contentious Custody Battle

 Posted on January 01, 2019 in Child Custody

Getting a divorce is difficult and emotional undertaking. But perhaps even more challenging than separating ways is determining who will have custody of the children. Not only can a custody decision be trying for couples to reach, but it could even be contentious.

Why a Contentious Custody Battle Should Be Avoided

Persistent, unresolved conflict between parents can be damaging for a child. Parental conflict can lead to child distress, which may present itself in the form of anxiety, sadness, difficulty sleeping, bedwetting (in young children), aggression, hostility, academic setbacks, social withdrawal, and even long-term attachment and relationship issues.

While some conflict is both expected and normal, persistent conflict or conflict that is especially intense can have long-term repercussions.

How to Mitigate Contention During a Custody Determination

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Who Is Responsible for Healthcare Costs?

 Posted on January 01, 2019 in Divorce

One of the most pressing fixed costs that families are forced to meet every month is that of paying for healthcare. And if families are on a family plan, the idea of separating as a result of a divorce can raise questions about who will be responsible for healthcare costs following the divorce. Consider the following information about healthcare costs after divorce, and call our experienced Naperville divorce lawyers for answers to questions specific to your situation–

Healthcare Costs after Divorce – Who Pays?

If getting a divorce means that you may be dropped from your spouse’s health insurance plan, there are a number of options that you can consider. According to Healthcare.com, here are a few potential scenarios for navigating healthcare after divorce:

  1. COBRA coverage. COBRA coverage is a type of continuation coverage, and federal law mandates that those who would lose their benefits (due to termination of employment, or, in this case, divorce) are eligible for a continuation of health coverage at the group rate for a certain amount of time.

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What to Do if You Find Out You Are Not the Father

 Posted on December 01, 2018 in Paternity

Being married to a woman or being in an exclusive sexual relationship with a woman who becomes pregnant leads a man to make a reasonable assumption that he is the father. However, even people in committed relationships sometimes commit acts of infidelity, and when they do, a man may be shocked to learn that he is not the father of who he assumes to be his child. Sometimes, this happens early on – before the baby is born; other times, a man may raise a child as his own for months or years before he discovers he is not the child’s biological father. If you find out that you are not the father of the child, here’s an overview of some steps you may take–

Think About What You Want and Have a Conversation with Your Partner

A man who learns that he is not the father may be so outraged and shocked that he wishes to leave the woman and move on with his life, wanting nothing to do with the child that isn’t his. On the other hand, some couples may choose to forgive the adultery, and some men may even wish to raise a child as their own, especially if they have already been doing so for years. If you find out that you are not the father, think about what you want (talking to a counselor can help) and be prepared to have an honest conversation with your partner.

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Who Gets the Family Business in a Divorce?

 Posted on December 01, 2018 in Property Division

If you and your spouse are seeking a divorce, there are numerous issues you will need to work together to resolve or go to court in order to obtain a decision from a judge. For some couples, reaching an agreement is easy. For others, especially couples in high-asset marriages or those who jointly own family businesses, reaching an agreement about property division can prove extremely trying. If you and your spouse are divorcing and wondering to whom the family business will be assigned, here’s a look into what you need to know.

Illinois Property Division Laws

Before talking about the specifics of dividing a family business, it’s best to familiarize oneself with Illinois’ property division laws. In Illinois, the state requires that all marital property is divided amongst spouses in a manner that is considered “equitable.” Marital property generally includes property that was acquired during the course of the marriage, but excludes property acquired by gift or legacy, property acquired prior to the marriage, and property excluded from division due to a valid agreement entered into by the parties, such as a pre- or post-nuptial agreement.

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Divorce and Dementia

 Posted on December 01, 2018 in Divorce

The prevalence of serious neurodegenerative diseases, such as Alzheimer’s and Dementia, is increasing throughout the United States. AARP reports that one in 10 people age 65 and older – 10 percent of the elderly-adult population – has Alzheimer’s dementia. Another shocking statistic is this: nearly every 66 seconds, someone in the United States develops Alzheimer’s dementia.

Living with dementia – and living with a person with dementia – can be challenging. In fact, the devastating disease can be a huge strain on a relationship, and some couples may feel like they are no longer able to cope with the relationship any longer. When this is the case, divorce may be a consideration.

The Complications of Divorce with Dementia

It should first be noted that divorcing someone who has dementia can be a complicated process. This is because dementia affects a person’s ability to act and think rationally – in fact, the spouse that has dementia may want the divorce against the other party’s wishes.

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