Chicago Illinois Family Law Blog
Married Gay Couples Can be Covered Under Family Health Plans
The Department of Health and Human Services (HHS) has announced that married gay couples will be eligible to enroll in family health coverage under The Affordable Care Act. Although mandatory compliance does not kick in until 2015, the government is encouraging insurers to begin voluntarily offering family plans to married same-sex couples under the Public Health Service Act this year.
This is important news for same-sex couples in Illinois who are now legally eligible to marry.
HHS deemed that it would be discriminatory for health insurers to offer family health coverage to opposite-sex couples, but not to same-sex couples. The government department has jurisdiction when it comes to preventing insurance discrimination practices in the market.
Divorce and Obamacare: Are They Linked?
The open enrollment period to sign up for healthcare coverage under the Affordable Care Act (ACA) has passed and millions of Americans were able to sign up before the deadline. Notable provisions in the ACA provide tax credits to subsidize premiums if you are married and filing jointly on your taxes.
But what if your spouse left, you do not know where he or she is, and you have been filing your taxes as “married but filing separately,” on your return because you are not officially divorced?
Under well-defined criteria, if you have children you are caring for, you can file as “head of household” and still receive the tax credits. But if you have no children and are still legally married, you may simply be out of luck when it comes to receiving tax credits under Obamacare.
The Importance of Establishing Paternity
Establishing paternity is important for establishing a legal relationship between a father and a child. In Illinois, if a child is born to a couple that is married, it is presumed that the husband is the legal parent of the child.
If a couple is unmarried at the time of a birth, then the father is considered “the alleged father” and is not considered the legal father until certain steps are taken. His name cannot be added to the birth certificate until paternity is legally established.
In Illinois there are three ways to establish paternity:
- Both parents complete, sign and have witnessed a Voluntary Acknowledgement of Paternity (VAP) form;
- The State of Illinois’ Department of Healthcare and Family Services enters an Administrative Paternity Order; or
- A judge enters an Order of Paternity in court.
What Happens If My Ex-Spouse Doesn’t Pay Court Ordered Child Support Payments?
Non-payment of court ordered child support judgments in Illinois is treated seriously and can lead to serious consequences. If a parent does not pay child support, he or she is subject to enforcement measures according to Illinois and federal child support laws in order to collect both regular and past-due payments.
In Illinois, there is no longer a statute of limitations on back child support payments. Prior to July 1, 1997, Illinois law imposed a 20-year statute of limitations on collection of past-due child support. In 2000, Illinois law imposed statutory interest on past due installments of child support.
Can a Prenuptial Agreement Be Invalidated in Illinois?
If you have signed a prenuptial agreement and are getting a divorce, does it mean that you have signed away your rights during divorce proceedings? The answer to that question can be complicated, especially given the passage of the Illinois Uniform Premarital Agreement Act (IUPAA), which made it more difficult for parties to challenge the validity of a prenuptial agreement during divorce proceedings.
That being said, the IUPPA only applies to prenuptial agreements signed after 1990 and still allows some leeway for courts to invalidate prenuptial agreements.
One consideration the court might factor in is whether it believes the terms of the prenuptial agreement are “unconscionable.” For example, a judge may decide that the terms of the prenuptial agreement were so overwhelmingly one-sided that it is blatantly unfair and can therefore be invalidated.
Now That Gay Marriage is Legal in Illinois, What Becomes of Civil Unions?
Now that gay marriage is legal in Illinois, what is the status of civil unions in the state?
In 2011, Illinois passed the Religious Freedom and Civil Union Act, which conferred most of the rights of marriage on parties to a civil union. Basically, the law created a status analogous to marriage, regardless of gender, to couples in Illinois. Couples, both homosexual and heterosexual, were allowed to enter into civil unions, which entitled them to all the recognitions and benefits available under Illinois law to spouses.
Then, the U.S. Supreme Court struck down key provisions of the federal Defense of Marriage Act (DOMA). Now same-sex couples that had been legally married in their states were able to gain access to all of the federal benefits of marriage.
Your Secret Stash of Cash Won’t Be So Secret When Going Through a Divorce
When going through a divorce, many people try to hide money from their spouse. Whether for extramarital mischief or simply trying to keep money for themselves instead of splitting it; most couples will argue over money and whether their spouse is being honest about the disclosure of their assets.
Before the luxury of the Internet and increased technology, it was easy to have a “rainy day” fund that your spouse may never find out about, but now it is becoming nearly impossible to cover the tracks that may lead straight to your secret stash.
Five Common Misconceptions People Have about Divorce
Although divorce is becoming more widespread and accepted now than it was years ago, many people still have their hang-ups, whether religious or personal in nature, about marriage breakups. They tend to believe that any marriage can be salvaged and that divorce automatically leads to a broken family; however, there is such a thing as a dead-end marriage that needs to be ended before it becomes toxic.
If you’re taking lots of flack or unwarranted advice from your friends or other peers, just know that you’re not the only one. Divorced individuals everywhere have heard the same, mostly wrong, opinions before, including those below.
Divorces are always adversarial and messy. The divorce process does not have to be defined by grudge matches and dirty mind games. It is possible for spouses to divorce in a collaborative and respectful manner.
Illinois Same-Sex Couples Dealing with Life-Threatening Illnesses Can Marry Early
According to a report by Chicago Sun-Times.com, Illinois gay couples facing a life-threatening illness now can marry before June thanks to U.S. District Court Judge Sharon Johnson Coleman, who recently ordered a county clerk to start giving marriage licenses to couples that met the criteria.
In November, Illinois legalized gay marriage, becoming the 16th state in the U.S. to do so. However, couples could not attain licenses until June 1, 2014. Then a suit was brought against Cook County Clerk David Orr by two Chicago same-sex couples demanding the issuance of marriage licenses to those who may not make it through the coming year.
How to Deal with Post-Adoption Depression
While going through the rigorous pre-adoption process, you may be feeling anxious and at the same time thrilled at the prospect of providing a home to a child in need. Once the paperwork is completed and the child is finally under your care, everything else will work itself out, and you and your child will soon develop a loving, trusting relationship with one another.
Or that’s what you want to think. The reality is many adoptive parents, especially mothers, go through a great emotional trial in the early stages of adoption. It is often referred to as post-adoption depression.
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