Chicago Illinois Family Law Blog
Alabama May Drastically Change Child Custody Laws
WAAY-TV in Alabama reports that the state is considering major changes to their laws regarding child custody. Legislators are currently working on a bill that would automatically grant both parents equal custody of their children during a divorce. Cases that involve abuse or neglect would be excepted from the equal custody provisions.
What You Need to Know about Taxes and Divorce: Part II
In a previous blog post, we addressed the impact divorce has on filing taxes, and discussed what happens to taxes for a primary residence as well as what marital status a person should claim depending on their situation. Now, we will touch on other factors one must consider when paying their taxes after divorce, including child custody and alimony.
Recently, custody arrangements have become very complicated, with many parents sharing custody of their children over weekends or during the week. These arrangements become problematic in that IRS regulations and the most recent version of the tax code do not precisely define custodial parent or custody. In general, someone can only claim their children as dependents if they were the designated custodian by court order. If no such agreement or order exists, or if someone has joint custody of their child, the custodial parent is considered to be the parent that had physical custody of the child for the majority of the year. If custody is shared 50-50, many divorced couples alternate who claims the child on their taxes from year to year in order to share the tax benefit. It is illegal for both to claim the same child as a dependent in the same year. If there is more than one child, many tax experts suggest dividing the children’s dependency between the parents in order to avoid confusion. Even if both children spend the same amount of time with each parent, doing so is legal.
What You Need to Know about Taxes and Divorce: Part I
Filing taxes is a process that can quickly become complicated, particularly if someone divorced during the tax year. Generally, the rules for divorced taxpayers have not changed much over the past few years; however, divorce has, with changes in the way property and custody is divided. This makes figuring out what a person owes in taxes more complicated than ever. Time recently shared several tips to help those who are divorcing or already divorced when filing their taxes, which we will discuss in a two-part series.
For marriage status, follow the calendar. Even if a person’s divorce was finalized in 2011, in regards to 2010 taxes, they are still considered married. However, if someone’s divorce was finalized in December, they are not able to file as married, even if they were married for the majority of the year.
Frank and Jamie McCourt May Be Headed to Resolution Regarding Dodgers Ownership
The Los Angeles Times reports that Frank and Jamie McCourt are working quietly to settle their high-profile divorce, which has grabbed national headlines. The infamous case involves ownership of the Los Angeles Dodgers.
According to the article, a court hearing scheduled for April 11 was delayed to May 11 at the request of Jamie McCourt, who asked that Frank be ordered by the court to provide her with financial documentation of the business operations of the Dodgers. However, the adjustment also grants both parties more time to concentrate on negotiating an agreement to end their contentious divorce, which began in late 2009 after almost 30 years of marriage.
Colorado Moves Toward Approving Civil Unions
According to CNN, the Colorado Senate recently approved a civil unions bill that would provide same-sex couples with many of the same rights already afforded to heterosexual couples. Senate Bill 172, which was approved by a 23-12 vote, would grant the right to share medical decisions, apply for family leave, and inherit property, among other rights, to same-sex couples in a civil union. The legislation now goes to the Colorado House.
Currently under Colorado law, only a man and a woman can be married. This bill would authorize two unmarried adults to enter into a civil union, regardless of their gender. Previously, in 2006, voters in Colorado rejected a domestic partnership measure.
Study Finds Female GIs Have a Higher Rate of Divorce
MSNBC recently reported on a study which found that the marriages of military women are twice as likely to end in divorce as compared to the marriages of men in the military, and up to three times as likely for enlisted women versus commissioned officers. The percentage of women in the military who get divorced has been consistently high for close to a decade.
Approximately 220,000 women have served in the military in Iraq and Afghanistan, in roles that range from police officers to helicopter pilots. According to Pentagon data, about 7.8 percent of military women obtained a divorce, in comparison to just 3 percent of men in the military in 2010. Close to 9 percent of women who were part of the military’s enlisted corps divorced that year as well, compared to a little over 3 percent of the men.
Tennessee Supreme Court Considers Case Involving Lifetime Alimony Payments
According to My Fox Memphis, the Tennessee Supreme Court is considering a case that may change the way the state awards alimony by examining the bar for limited or lifetime payments.
The case involves the divorce of a couple who, since 2007, has been involved in a legal battle. In 2009, the Tennessee Court of Appeals ordered the man to pay $1,250 per month in alimony payments to his ex-wife, and the payments were to continue for life, unless she remarried. At that time, the ex-wife was 43-years-old and was making approximately $72,000 per year, while her former husband made $137,000 per year. The couple had been married for 21 years when the ex-wife filed for divorce in 2007.
How Divorce Affects Retirement Planning and Social Security Claims
A recent article in The Los Angeles Times discussed the affect divorce and re-marrying can have on retirement planning and claiming Social Security benefits. For 72 percent of retirees that are unmarried, many due to divorce, Social Security is the primary source of income. Understanding the basics of spousal and survival benefits can help those who are divorced avoid making costly errors.
Ohio Custody Battle Between Adoptive Mother, Biological Father May Go to the U.S. Supreme Court
According to The Dayton Daily News, a contentious child custody case in Ohio resumed earlier this month and many legal experts believe it may go all the way to the U.S. Supreme Court. The custody hearing of the “Baby Vanessa” case occurred for two days in July 2010 and has been rescheduled twice; first for negotiations, and then to accommodate the schedules of the many lawyers who work on the case.
Washington State Considers Law to Require Violators of Restraining Orders to Wear a GPS Tracking Device
KLEWTV.com reports that a bill that is pending in the Washington State Legislature seeks to expand the protection offered to victims of harassment and stalking in orders of protection.
The bill, HB 1180, is supported by the family of a woman who was killed by a man who stalked her outside of the school where she taught. According to the article, the woman had an order of protection against the man, but he had violated it at least once. If the bill passes, a person who violates an order of protection would be required to wear a Global Positioning System (GPS) monitor, which would warn law enforcement officials, as well as the victim, that the offender is violating the order.
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