When it comes to Illinois child custody cases, there are many questions that parents may encounter. How will parental responsibilities be allocated? What does parenting time involve? What should be included in a parenting plan? These and other frequently asked questions about Illinois child custody cases can be daunting for those who are going through a divorce or who need to address custody issues as unmarried parents. It is essential for parents to be aware of the laws that affect these matters so that they can make wise decisions when confronting family law issues. 

At Weiss-Kunz & Oliver, LLC, we understand the difficulties that many parents face when addressing legal issues related to their children. Disagreements between parents are common, but parents can often do their best to minimize conflict by focusing on their children’s best interests. Our attorneys work closely with parents in family law cases, helping them determine the best approach to take and the ideal methods of resolving disputes in a way that will allow for continued cooperation and co-parenting. We can answer any questions our clients have, ensuring that they will be prepared to address child custody issues effectively.

What Is the Allocation of Parental Responsibilities in Illinois?

Many people are familiar with the distinction between legal custody and physical custody in family law cases. Illinois law refers to legal custody as the allocation of parental responsibilities. This aspect of a child custody case will address the roles of each parent in deciding matters concerning their children’s health, education, and well-being. The allocation of parental responsibilities defines each parent’s rights and responsibilities as they make decisions about how children will be raised. 

The divorce process will involve numerous complex issues related to your finances, your living situation, your relationships with friends and family members, and your personal affairs. Reorganizing your life as you separate from your spouse, establishing new living arrangements, determining how to cover various expenses, and changing your routines can be very stressful. As you work out all the details related to the end of your marriage, one issue that can easily be forgotten is the change to your name.

A name change can represent a new beginning after a divorce, and it can help you put difficult times behind you as you establish a new life for yourself. However, understanding the steps you will need to follow when changing your name is not always easy. In addition to completing the requirements to legally change your name, you will need to update multiple different types of documents and notify various organizations. By understanding the steps you will need to follow, you can make sure you will be prepared to move forward after your divorce is complete.

At Weiss-Kunz & Oliver, LLC, we can advise you on the best ways to address all of the legal issues you are facing during and after your divorce. We will provide you with strong, effective representation to ensure that you can achieve a positive outcome for your case, and we will also provide you with guidance on how to address any ongoing legal concerns. In addition to assisting with name changes, we can help you take steps to modify your divorce decree when necessary or enforce the terms of court orders put in place during your case.

Divorce can be an emotionally difficult process, and when mental illness is involved, it may become even more complex. Mental health conditions like depression and anxiety can drastically affect the approach taken during divorce proceedings, and they may influence the outcome of a case and play a role in decisions about child custody, financial support arrangements, and other issues. If you are planning to get a divorce, and your spouse has a diagnosed or undiagnosed mental illness or other health issues, it is important to understand your rights. By seeking representation from an experienced family law attorney who is knowledgeable about the legal implications of these cases, you can protect your interests and determine the best ways to resolve any disputes you may encounter. At Weiss-Kunz & Oliver, LLC, we can help address these concerns during the divorce process, and we are prepared to fight for your rights and interests as you work to end your marriage successfully.

Mental Illness and Divorce: What You Need to Know

When it comes to divorce, mental illness can be a complicating factor. During divorce proceedings, mental health conditions or other health concerns may affect decisions concerning child custody, financial support, and other issues that must be resolved before your marriage can be legally dissolved. Understanding how to address these issues correctly can be crucial, and whether your spouse has a mental or physical illness or you have been diagnosed with a condition that could affect your divorce, you will need to determine the best ways to address any concerns you may face.

In certain circumstances, a spouse who is suffering from a mental health condition may be declared mentally incompetent. This may be an issue to address in situations where there are concerns that a person is incapable of making sound decisions about their own well-being or the welfare of their children. If a spouse is judged mentally incompetent, a legal guardian may be named who can make decisions on their behalf, and an attorney can represent them during legal proceedings and advocate for their rights and interests.

When a married couple files for divorce, there are many important decisions that need to be made before their marriage can be legally dissolved. Many of the most important considerations will be related to the division of marital assets and debts. The process of dividing marital property can be complicated, especially when a couple has a high net worth or owns complex assets. When negotiating a divorce settlement that fully addresses all of a couple's assets and debts, as well as other financial issues, it is important to understand the different factors that will need to be taken into account.

At the law firm of Weiss-Kunz & Oliver, LLC, we have the knowledge, experience, and skills to help our clients resolve complex divorce-related issues. We have represented spouses in a wide variety of cases involving high-value assets, large incomes, and other factors that can complicate the divorce process. With our understanding of the divorce laws in Illinois and the methods that can be used to resolve disputes, as well as our dedication to advocating for our clients' interests at all times, we can help you complete the divorce process successfully and achieve an outcome that will allow you to meet your ongoing needs.

Valuing Complex Assets

Before a couple can make decisions about how to divide their marital property, they will need to make sure they both understand the full value of all of the assets they own. It is important to consider both tangible and intangible values when assessing these assets. Tangible values include the monetary value of any physical items or properties that have been acquired by either spouse throughout their marriage, while intangible values refer to non-monetary benefits like business goodwill or intellectual property rights. The value of all assets, including marital assets and separate assets, must be determined so that a fair division of marital property can be negotiated.

Family law can be a complicated topic. Spouses who are planning to get a divorce, parents who need to determine how they will share child custody, or other family members who need to address and resolve legal issues in family court will need to understand a variety of different laws and related matters as they work to resolve disputes and put workable solutions in place. At Weiss-Kunz & Oliver, LLC, we work to educate our clients about the laws that apply in their unique situations, and through our blog, we provide helpful information about topics that may be important to people involved in these types of cases. We wanted to highlight some of our most-read blogs over the past year and provide updates about the issues discussed and the concerns that may affect spouses, parents, children, or other family members.

Child Tax Credits for Divorced or Separated Parents

In one of our most popular blogs, we looked at the Advance Child Tax Credit, which was available to parents for the 2021 tax year. This was a complex topic that affected many divorced parents, and the tax credit allowed parents who could claim children as dependents to receive advance payments between July and December of 2021. However, the law that put this tax credit in place expired at the end of 2021, and it has not been extended. Because of this, the Advance Child Tax Credit is no longer available.

For the tax year of 2022, the Child Tax Credits that parents may claim will return to the amounts used in 2019. While parents were able to claim a credit of $3,600 per dependent child in 2021, this amount is reduced to $2,000 for the 2022 tax year. The Child and Dependent Care Credit, which was increased to $8,000 in 2021, has been lowered to a maximum of $2,100 for 2022.