K & R Family Legal Services L.L.P. is committed to meeting our clients needs by combining legal expertise, creativity and dedication. We provide quality legal services in Cook, Lake, DuPage, Kane and McHenry Counties. Few legal areas are as emotionally charged as family law matters. Our attorneys rely on their diverse experiences and skills to provide our clients with a wide range of legal services in the emotionally charged area of family law including litigation, mediation and collaborative law. We represent clients in the fallowing aspects of family law matters:
Declaration of Invalidity of Marriage (Annulment)
Dissolution of Marriage
Child Custody
Child Support
Collaborative Law
Judgment Enforcement
Legal Separation
Maintenance
Marital Property Division
Maintenance or spousal support
Mediation
Orders of Protection
Parental kidnapping
Paternity
Post Judgment Modification
Premarital, prenuptial, or postnuptial agreements
Visitation and placement
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Frequently Asked Questions Regarding Divorce:
How will our property be divided in divorce?
In many states there is "equitable division of property" in divorce proceedings. Equitable does not necessarily mean equal. Courts have discretion in determining what constitutes "equitable" and consider factors like: length of the marriage, assets and debts of the spouses, ages and health of the spouses, ability to earn an income in the future, any agreements between the parties, and what property should be kept or sold.
How will our savings be divided during divorce?
In most states, a spouse's separate property owned before marriage remains that spouse's property after divorce unless it was combined with marital property and cannot be traced, or it had been "commingled". Any money put into a savings account during the marriage will most likely be considered marital property. If a spouse can show that certain funds in an account existed prior to marriage that spouse should be entitled to receive at least that amount in full.
Any income and appreciation on separate property as result of labor, money, or other contributions of either or both spouses is marital property subject to division in divorce.
Are employment benefits considered marital property?
In most cases benefits accumulated through a person's employment during the marriage are subject to division in divorce. The other spouse may be entitled to one-half of the value of the pension or 401(k) from the date of the marriage until the date of the separation or divorce. Same may be true of vacation time and frequent flyer miles.
Is a spouse entitled to part of stock received as a gift by the other spouse during the marriage?
It depends on the nature of the stock transaction and the intent of the person who gave the stock. If the stock was transferred to the spouse as part of employment compensation the other spouse may be entitled to portion of the stock in division of property.
However, if the stock was given to one spouse as a gift it may be that spouse' s separate property. In most states gifts are considered separate, non-marital property and are generally not subject to division during divorce.
What happens to real estate purchased by one spouse prior to the marriage during divorce?
In most states an asset owned by one of the spouses prior to marriage is considered separate property of that spouse provided that this property was not combined with the marital property and that it is evident what is marital and what is separate property. Separate property is usually not subject to division in divorce proceedings and remains property of the spouse who holds it as separate property.
The equity created by a down payment made by one spouse prior to marriage, and not in contemplation of marriage or as property for the married couple, would be separate property. The spouse who made the down payment would be at least entitled to the amount of the down payment and possibly interest on the down payment based on overall appreciation of the house. Any remaining equity in the house would then be subject to equitable division.
What happens to couple's property if they divorce, remarry and divorce again?
When the parties remarry their property may once again become marital property and be subject to division in the second divorce. Court may look to the length of the first marriage in the second divorce.
I received an inquiry from the IRS regarding tax returns my ex-husband filed when we were married. What do I do?
Since 1998 the federal tax law includes a protection for an "innocent spouse". If a taxpayer files a joint tax return, which is later questioned by the IRS but the taxpayer divorces, legally separates, or lives apart from his or her spouse for one year, that spouse can elect separate liability if he or she can prove that the liability is attributable to the other spouse. However, the "innocent spouse" cannot have had any "actual knowledge" of the former spouse's tax violations.
What amount of child support will I have to pay?
In general, in determining child support Illinois courts rely on the guidelines included in Section 505 of the Illinois Marriage and Dissolution of Marriage which provide:
"The Court shall determine the minimum amount of support by using the following guideline:
Number of Children Percentage of Supporting Party's Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%"
(750 ILCS 5/505(b) (West 2008))
For further information on this subject see Anna P. Krolikowska's article "Top 10 Things to Know about Child Support Matters" in the Illinois State Bar Association Young Lawyers Division Newsletter article Vol. 53, No. 2, October 2008.
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Frequently Asked Questions Regarding Child Support and Parenting Time:
What do the Courts consider the most important factor in determining child support?
The Courts in Illinois always consider the best interest of the child. The Court may deviate from child support guidelines if it is in the best interest of the child after considering the financial resources and needs of the child, the financial resources and needs of the custodial parent, the standard of living the child would have enjoyed if the parents had remained married, the child's physical and emotional condition, child's educational needs, and the financial resources and needs of the non-custodial parent.
What is considered "income" for purposes of calculating child support in Illinois?
In Illinois child support is calculated pursuant to Section 505 of the Illinois Marriage and Dissolution of Marriage Act. "Net income" is the "total of all income from all sources, minus the following deductions": properly calculated federal and state income tax withholding, Social Security (FICA payments), mandatory retirement contributions required by law or as a condition of employment, union dues, health/ hospitalization insurance premiums for the parent and dependents (children), any prior child support or maintenance obligations paid pursuant to a court court, "expenditures for repayment of debts that represent reasonable and necessary expenses for production of income".
Is money received from a trust income considered for purposes of calculating child support?
Most likely money received from a trust will be considered "income" for purposes of calculating child support. However, the court will take into account how frequently such funds are received.
How does Social Security disability affect child support obligation?
In most states a disabled parent receiving Social Security disability benefits is entitled to full credit in the parent's child support obligation for Social Security payments received by the minor child because of the parent's disability. In other states the amount of the benefit received is deducted from the total child support obligation of both parents and the remainder of the obligation is divided between both parents in proportion of their incomes.
There is a child support order but my ex-spouse says it is okay if I pay less, can I rely on this?
Relying on oral assurance of the ex-spouse that the parent obligated to pay the child support can pay less than the amount specified by a court order is a mistake. In Illinois any child support obligation, which remains unpaid 30 days after the date it was due becomes an immediately enforceable judgment and accrues simple interest of 9% annually. If the child support obligation needs to be changed you should obtain a court order specifying the new child support amount or risk being responsible for child support in arrearage and the accumulated interest.
My ex-spouse has not paid child support in over six months. What are my options?
Illinois Marriage and Dissolution of Marriage Act Sections 505 and 511 provide remedies available to a parent who was to receive child support for the child but finds the support payments in arrearage. Available remedies against the spouse obligated to pay child support include contempt proceedings, probation, periodic imprisonment (for no more than 6 months and the obligor may be released during the day or at night to work or run a business), lien against property, piercing ownership veil to discover assets held in another name, or suspension (restriction of) Illinois Driving privileges (if child support is 90 days or more is arrears).
For further information on this subject see Anna P. Krolikowska's article "Top 10 Things to Know About Child Support Matters" in the Illinois State Bar Association Young Lawyers Division Newsletter Vol. 53, No. 2, October 2008.
If my ex-spouse does not pay child support can I refuse to let him/her see our child?
Child support and visitation are independent obligations and rights. Child support is the right of the child and visitation is the right of the parent. Custodial parent cannot deny visitation if child support is not paid and child support cannot be withheld if visitation is denied. If a parent is being denied visitation he or she should contact an attorney and immediately begin proceedings for contempt of court against the custodial parent.
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How will divorce affect my future retirement benefits?
If you were maried for at least 10 years you will be able to receive retirement benefits on your former spouse's Social Security record if you are at least 62 years old and if your former spouse is entitled to or already receiving the benefits. (socialsecurity.gov)
How will divorce affect survivor's benefits?
Even if your former spouse dies, if you were married for at least 10 years you can receive benefits as a widow/widower. Benefits paid to a surviving divorced spouse who is 60 years old or older will not affect the benefit rates for other survivors receiving benefits. (socialsecurity.gov)
How does remarriage affect survivor's benefits?
In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the later mariage ends, whether by death, divorce, or annulment. If you remarry after age 60 (50 if disabled) you can still collect benefits on your former spouse's record. When you are 62 years old or older you can receive retirement benefits on your new spouse's record if the benefits are higher. However, your benefits will have no effect on the benefits paid to your children. (socialsecurity.gov)
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