116 N. York Street, 3rd Floor, Elmhurst, IL 60126
312-605-4041
-
- Home
- About Us
- Attorneys
- Practice Areas
- Divorce and Legal Separation
- Contested Divorce
- Trial Court Litigation
- Uncontested Divorce
- Child Issues
- Spousal Support/Maintenance
- Property Division
- Complex Divorce
- High Net Worth Divorce
- Business Valuation and Division
- Protecting Professional Practices or Family Businesses
- Hidden Assets
- Retirement Accounts, Pensions, SEPs
- Protecting Family Wealth
- Dividing Trusts and Estates
- Corporate Officers and Shareholders
- Entrepreneurs and Business Owners
- Celebrities and Public Figures
- Tax Considerations
- Litigation Involving Health Issues
- Marital Settlement Agreements
- Separation Agreements
- Divorce Over 50
- Divorce After Retirement
- Divorcing a Narcissist
- Appeals and Judgment Enforcement
- Collaborative Law/Collaborative Divorce
- 2017 and 2016 Family Law Changes
- Family Law
- Defense of Depositions and Subpoenas
- QDRO/QILDRO Drafting
- Resource Center
- Divorce and Legal Separation
- FAQs
- Reviews
- News
- Blog
- Contact
- CHICAGO
⚫ PARK RIDGE
⚫ ELMHURST -
Recent Blog Posts
What Should I Do When Planning or Preparing for a Divorce?
Divorce lawyers are often asked by potential clients what they, the client, should do when planning or preparing for a divorce. This is not a situation where they are trying to hide assets or income. On the contrary, this question is usually posed to protect the person that is contemplating divorce because their husband or wife may begin to hide assets, income or other information in the event of a divorce.
While this list is not all inclusive, consider the following if a divorce seems imminent. First, gather important documents, such as:
- Birth certificates;
- Social Security Cards;
- Prior years' tax returns;
- Wills;
- Trusts;
- Premarital Agreements;
- Bank statements;
- Credit card statements;
- Medical records; and
- Any other document that is hard to duplicate
Papers sometimes have a way of disappearing when the petition for dissolution of marriage is served on the other party.
What Is a Qualified Domestic Relations Order or "QDRO”?
A qualified domestic relations order (QDRO) is (i) a domestic relations order (ii) that creates or recognizes the existence of an "alternate payee's" right to receive or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and (iii) that includes certain information and meets certain other requirements as provided by law. ERISA § 206(d)(3)(B)(i); IRC § 414(p)(1)(A)
So, what does that mean? In more plain language, a QDRO allows a person incident to a divorce, legal separation, or dissolution of same-sex partnerships, the right to divide their retirement benefits with their former spouse. This is particularly important if only one spouse to the marriage was saving for retirement and said savings are held in a qualified retirement plan.
QDROs are governed by the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code of 1986 (the IRC), and the Plan holding the retirement funds. Unless incident to division in a divorce or similar domestic proceeding, ERISA and the IRC do not allow a retirement plan participant (i.e., the spouse saving for retirement by placing funds in a 401(k) Plan) to assign their interest in a retirement plan to another person. An exception to the anti-assignment rule occurs by way of a Qualified Domestic Relations Order.
What is a Removal Action in Illinois?
A removal action occurs when a custodial parent, who is separated or divorced from the other parent, tries to move out of state with the children. The non-custodial parent can agree to the removal, in which case the parties would enter an agreed order with the court. If the noncustodial parent does not agree to the removal it will be up to the court to decide whether the removal is proper.
The court will consider the following factors known as the Eckert Factors to determine whether the custodial parent can move a child out of state over the other parent's objection:
- The likelihood that the move will enhance the general quality of life for both the custodial parent and the children;
- The motives of the custodial parent in seeking to move to determine whether the removal is merely a ruse intended to defeat or frustrate visitation;
- The motives of the non-custodial parent in resisting the removal;
What Does Child Support Cover? What Expenses of My Children are not Included in Child Support?
In Illinois, the current statute that governs child support is 750 ILCS 5/505 which is titled, “Child Support; Contempt; Penalties.” According to the Illinois child support statute, guideline child support is as follows:
The Court shall determine the minimum amount of support by using the following guidelines:
|
| ||||||||||||||
|
Divorces are usually classified as either contested or uncontested. It is important to understand the difference between the two. A contested divorce means that the parties are not able to come to an agreement on disposition of property, finances, and custody of the children. The parties need the court system to decide these matters for them. In these instances, it is always best that you reach out to an attorney who is experienced in filing the appropriate motions and petitions necessary to protect your rights.
It is common in today's world for couples to have 
The biggest concern for most parents in a divorce, or when 
Lawyers frequently hear the question, “How do I find the best divorce lawyer in Chicago?” Or, “How do I find a top divorce lawyer?” from parties seeking to 
Lincolnwood divorce law firm 
Time and time again, 
