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Willingly Paying Child Support

Child Custody and Support In many different instances, it can end up being some time before the child custody and support matters between unmarried parents are able to get their matter before a judge to enter an order as to custody and child support. This can be tough for parties for many different reasons. Starting with unmarried mothers and their concern about having the financial ability to care for their child. For many unmarried fathers, they might be concerned about getting visitation with their child. Every case is different and can result in varying factual scenarios. However, for fathers who

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Helping Your Children During Your Divorce

Couples getting a divorce often worry about the impact on their children. Breaking the news, and helping children deal with their emotions and new routines may be challenging. Parents, however, may use a variety of strategies to make the transition easier. Telling the Children To minimize distress and uncertainty, children should know about the divorce earlier in the process instead of at the last minute. Experts give the following tips for the often difficult conversation with the children: Tell the children together Keep it simple and avoid going into details about each other’s faults Emphasize that the divorce is not

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What are the basics of alimony law in Oklahoma?

Judges have fairly wide discretion to fashion alimony awards in Oklahoma. One of the more important legal issues to be settled in divorce is whether alimony – the payment of support from one ex-spouse to the other after divorce – will be granted as part of the final divorce order. In many divorces, alimony, also known as spousal support or spousal maintenance, can make a major impact of the lifestyles of the parties – both the paying party as well as the recipient, in some cases. First, two people who are divorcing often can negotiate a settlement agreement in which

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In Kansas, judges have wide discretion to fashion alimony awards

On behalf of Kirk Stange Judges are directed in this task by state statute and guided in detail by the case law as explained in numerous Kansas court opinions. In recent years, some states have enacted major reforms of their alimony laws. Those reforms in general have reigned in the flexibility and discretion in judges’ power to craft awards. But in Kansas, judges retain relatively broad discretion under the law to create maintenance awards that judges feel will meet the needs of divorcing couples. This responsibility is immense not only because of the impact these decisions have on families, but

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Illinois updates its alimony guidelines following tax changes

Illinois recently updated its alimony guidelines in response to the elimination of the alimony deduction. Earlier this year President Trump signed into law the Tax Cuts and Jobs Act (TCJA), a major piece of tax reform legislation. Included in that law was the elimination of the 75-year-old alimony tax deduction. The loss of that tax deduction meant that many states that factor in the deduction when determining alimony (also called spousal support or maintenance) guidelines, including Illinois, would have to update their guidelines. Now, as the Chicago Tribune reports, Illinois has done just that, meaning that soon alimony amounts will

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How are child support orders enforced in Illinois?

When Illinois parents fall behind or choose not to make their child support payments, the state has a number of enforcement options it may pursue. Family law courts in Illinois and elsewhere often order child support awards to ensure that both parents fulfill their financial responsibilities to their kids. While most people comply with these orders, there are some situations when parents may fall behind or choose not to pay. Charged with the enforcement of child support orders, the Illinois Department of Healthcare and Family Services, or HFS, has the authority to take various actions to encourage parents to make

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Keeping your children’s educational funds intact after divorce

On behalf of Kirk Stange This article explains how to treat a college savings 529 plan in divorce. No matter how high it gets, college tuition seems to increase every year. As part of saving for your children’s education, you may have put significant assets into a college savings 529 plan. Created in 1996, these plans allow you some tax advantages as you save for college. Anyone can contribute to a 529 plan, which will grow tax-deferred while funds remain in the account. If used for qualified educational expenses, then they are exempt from income tax. However, the owner of

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NJ teen sues parents for financial support: loses round one in suit

A New Jersey high school senior sued her parents, asserting her parents had thrown her out of the family home when she turned 18 and refused to pay for her private high school and college education. But her parents say she left on her own. Rachel Canning asked the court to have her parents pay $650 a week in support for the foreseeable future, the outstanding tuition for her private high school, $5,000, and immediate access to a college fund to pay for at least some of her college education, plus pay her legal bills in excess of $12,000. At

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Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw
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Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw
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Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

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