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Washington Illinois Family and Real Estate Law Blog

Domestic disturbances over child support

Child support can generate a number of concerns, from a parent’s inability to pay what they owe to legal hurdles related to the establishment of a child support order. It can be hard for parents to work through these challenges, but both parties should strive to avoid unnecessary complications and an outcome that is in their child’s best interests. Unfortunately, there are a number of reasons why child support can lead to a domestic disturbance, in which case it is vital for those involved in a dispute to carefully handle the situation.

A domestic disturbance could arise for many reasons as a result of child support. For example, an ex-spouse may be upset that they are not receiving the alimony they are owed, or a parent may feel that the child support they are required to pay is not fair. Misunderstanding and disagreement can, in some cases, lead to a domestic disturbance. Sometimes, these disputes do not involve physical violence, while others may involve assault. It is extremely important for parents to protect their children and themselves in the event that such an incident occurs. Moreover, a frustrated parent may threaten or harass their child’s other parent. Sometimes, people are able to obtain a restraining order to protect themselves.

Making it through the holidays after your divorce

You feel like you have done considerably well coping with your divorce and the whirlwind of changes it has brought with it. However, a holiday is quickly approaching and you are starting to notice little reminders about what your life used to be like. You may be experiencing considerable heartache, especially if you have children who are spending the holiday with your former spouse. At Essig Law Office, we have helped many individuals in Illinois to work through divorce proceedings as quickly and amicably as possible. 

While your attitude makes an incredible difference in your ability to cope and face the future with positivity, some days are just plain hard. With the holiday coming up, you may be looking for ways to keep your celebrations alive and memorable despite the changes in your family. According to the Huffington Post, here are some of the things you can do to survive the holidays:

  • Come up with new traditions and ways to celebrate. Be creative in finding unique ways to enjoy a holiday without facing constant reminders of the past. 
  • Consider buying yourself an exciting gift or doing something to reward yourself. 
  • If you have children, do your best to put their needs first and make their holiday exciting and memorable. If you are sharing custody with your former spouse, never engage in gift-giving competition and be respectful of your ex's time with your children.  

Your obligations to buyers when selling your home

If you own a home in Illinois and decide to sell, there is a significant amount involved with this process. After putting a sign in your front yard, you still have to prepare your house for the process and determine a fair value for your home. As the seller, you will also have to tell potential buyers some things about your home.

Required disclosures are things you will have to tell any potential buyer about your house. This does not necessarily mean you have to tell people every small problem that exists in your home, but it does generally mean you are legally required to tell people who could buy your house if there are issues that could cost them time or money in the future.

What should you do with your finances after a divorce?

Working your way through divorce can be time consuming as you make impactful decisions regarding your future as an independent individual. For one, adjusting your finances to compensate for your relationship changes may require modifications to your spending habits in order to protect your assets. Fortunately, there are proactive steps you can take to organize and rebuild your finances after having gone through a divorce in Illinois.

According to Forbes, you can carefully negotiate your financial agreement during your divorce to provide you with benefits. Often, these types of settlements will require you to be flexible and willing to compromise on assets such as retirement plans and shared property. However, as you prepare to start providing for your own needs independently, here are some other important things to consider along the way:

  • Create a budget and designate a responsible amount for spending to make sure you are not putting yourself into unnecessary debt.
  • Look closely at your beneficiary designations and make adjustments to avoid spending unnecessary money on people you are no longer responsible for.
  • Keep an eye on your credit and be proactive about paying all of your bills to keep your credit score in a good position.
  • Consider selling the home you and your spouse shared or refinancing it to get a lower payment.
  • Make sure you are getting what was promised from any agreements related to child support and alimony.
  • Split any retirement plans that you shared with your ex to make sure you have something in place for the future.

Dealing with a home sale following a divorce or separation

For many Illinois couples who are coping with a volatile marriage, the idea of divorce is often a solution that allows both parties to eventually move forward and put time consuming disagreements in the past. However, separating does not come without its fair share of difficulties. Many couples have to make important decisions about the welfare of their children, how finances will be divided and what should be done with shared property and assets. 

When a couple owns a home together for example, they will be required to reach an agreement about whether the home will be sold, who will assume payments and whether or not one person will keep the property.

Understanding how courts calculate child support payments

For divorcing couples in Illinois who have had children together, the idea of continuing to raise their children without a martial relationship can be exceptionally stressful and difficult to balance. Often, parents may be required to make child support payments to contribute to the financial necessity of raising their children and all of the costs associated with each child's schooling and extra-curricular activities.

According to Money Crashers, child support is often paid by the non-custodial parent to the custodial parent. While the person making payments cannot include their obligation in his or her tax filing, the person receiving the payments is not taxed at all. These payments are usually made until the child matures to adulthood. In some cases, couples may decide to void one parent's financial obligations if the child is adopted by the remarried parent and his or her spouse, or if the custodial parent decides that the non-custodial parent does not need to contribute to the child's financial needs. 

How much of your inheritance you may keep in the divorce

When you received your inheritance, it was a windfall for your family. However, now that you and your spouse are getting an Illinois divorce, you face the fear that your spouse will take half and leave you with little to live on. The legal team at Essig Law Office often helps people understand how property division works, and what assets may be safe from a spouse.

The key to keeping your inheritance revolves around what you did with it when you first received it. Forbes magazine explains that at that point, it was separate property, and not subject to division. If you continued to keep it separate from the finances of the household, then it is still not subject to division. On the other hand, if you deposited the assets in joint accounts or used them to buy a home or other purchase that was shared, then the inheritance became marital property.

What happens at the closing?

The last step before you finally own your home in Illinois is the closing, and as the day approaches, you may be looking forward to it with increasing anticipation. However, this meeting involves more than simply signing on the dotted line and walking away a homeowner. 

According to Zillow, before you start signing the paperwork, you will first have to prove your identity with a driver's license or other official photo ID. You will also need to pay your portion of the closing costs and/or the down payment, and this should be done with a cashier's check or certified check. 

Who is responsible for a mold problem in your new home?

Building a home or purchasing a home for your Illinois family is exciting, but it can be devastating to learn there are potential complications with your new property. This is particularly true if these issues are hazards that could cause complications with your health. One of these issues is the presence of mold in the home.

There are various types of mold, and they can cause serious health issues for the people who live in the house where it is. If you find mold in the home you just purchased or constructed, you could have grounds to take legal action. There may be specific parties responsible for failing to disclose the mold problem or faulty construction that caused the problem.

Will a judge order an unemployed parent to pay child support?

If your spouse is unemployed and you are headed for an Illinois divorce, you may wonder whether you will receive any child support at all. Even when there are no earnings to factor in, your child's other parent will probably still have to contribute to the expenses of raising your child. According to the Illinois statutes, there are a number of sources of income that are used in the calculation of child support.

When your spouse lost his or her job, the employer may have offered severance pay, or there could be unemployment benefits. The court will use these in the total amount of income your spouse receives. Retirement benefits are also included.

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  2. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

  3. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

  4. The Essig staff are courteous and helpful, and the attorneys are professional and knowledgeable. They are very efficient, with prompt turn-around times on title orders and real estate closings. I would highly recommend this office to others!

    -Donna Jones Craig Jim Maloof Realtor

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