Confusion still reigns with respect to the tax treatment of spousal maintenance for Illinois divorce cases. I still see other law firms discussing online spousal maintenance (support) using the old rules.
In Illinois, spousal maintenance (also known in other states as alimony) is generally not tax-deductible for the payor nor taxable income for the recipient. This change came into effect due to the Tax Cuts and Jobs Act (TCJA) of 2017, which significantly altered the tax treatment of spousal support (maintenance)  nationwide.
Under the TCJA, for divorce or separation agreements executed after December 31, 2018, maintenance payments are no longer…
Continue Reading DuPage Divorce Lawyer: Is Spousal Maintenance Still Tax Deductible?

Introducing children to a new romantic partner, or “paramour,” during or after a divorce is a delicate matter that should be approached with careful consideration and sensitivity to the children’s needs and emotions. Here are some factors to consider when determining the appropriate timing for such introductions:

…
Continue Reading Kane County Divorce: When is it Appropriate for Kids to Meet a Paramour?

My practice has managed successfully cases dealing with NPD traits for many years. People with toxic narcissistic traits can cause a lot of harm and damage in a marriage and with children. In a divorce, people with toxic narcissistic traits can continue their self-centered toxicity, blaming, gaslighting, and other harmful behaviors. Narcissists can present significant challenges in a marriage, as well as a divorce, due to their characteristic traits which often include:

…
Continue Reading DuPage Divorce Lawyer: Toxic Narcissists and Divorce

One aspect of the divorce case I take seriously is managing the request to the judge for a guardian ad litem in a contested parenting dispute.  Sometimes, there are behavioral and psychological issues in a divorce with one of the parents, that can impact the ability of that parent to safely care for the child or children. A guardian ad litem (GAL) plays a crucial role in divorce cases, particularly when the interests of children are involved. Here’s how they typically assist the court:

…
Continue Reading DuPage County Divorce Lawyer: How does the GAL Assist in a Divorce with Children?

I received a call today from a potential client in Illinois whose partner/spouse left the State of Illinois and set up life with the minor children in another state.  As I look back on decades of my Family Law career, I have had a number of similar cases. Sometimes, when a marriage falls apart, a spouse takes the children out of state and goes “home” to where he or she grew up and has family locally. In this situation, sometimes the spouses will file a divorce case is two different states. How does the law handle and reconcile the fact…
Continue Reading Kane County Divorce: Why is the UCCJEA Important in Illinois Child Custody Issues?

Through the decades of practicing divorce and child custody law in Illinois, I have encountered the myriad reasons that a spouse or couple is seeking a divorce.  In some cases, there are serious behavioral issues that make staying together unhealthy for the marriage, and unhealthy for the children. In a minority of time that people meet with me for a complimentary initial consultation, the issues are fixable…for example, young couples that need counseling to learn how to manage conflicts in a marriage. I always encourage fixable family situations to seek counseling or other behavioral health modalities before initiating a divorce…
Continue Reading Kane County Divorce: What are some Reasons People Divorce?

In Illinois, child custody (now called allocations of parenting time and decision making) can be modified through the courts if there is a substantial change in circumstances that warrants a modification. In general, the modification will be sought after two years has expired from the original judgment, but some cases allow for a modification before two years if the issues presented are serious, or if the changes are moderate and needed to serve the interests of the child(ren).

Here are the basic steps:

…
Continue Reading Kane County Divorce: Modifying a Child Custody (Allocation) Order

One aspect of my practice is to deliver high level legal skill to my clients, while at the same time optimizing their outcomes in a cost-effective manner. Divorces don’t need to cost an “arm and a leg.”
Divorce can be emotionally and financially taxing for all parties involved. While the emotional aspect might be harder to mitigate, there are several strategies to save on the cost of divorce:

…
Continue Reading DuPage Divorce: Divorces don’t need to cost an “arm and a leg.”

A few years ago, I tried a lengthy case in Will County, Illinois that ended up on appeal on a few key issues. One of these issues is that at trial, I put in evidence and argued that the small company owned by the parties should have its retained earnings considered as marital property, insofar as the practice of this husband and wife company had been to distribute the retained earnings out to themselves as dividend income. While the trial judge held that they were part of the valuation of the marital business, the appellate court agreed with my approach,…
Continue Reading Kane County Divorce: Are Retained Earnings Marital Property?

Parental alienation is defined as a mental condition in which a child—usually one whose parents are engaged in a contentious separation or divorce—allies themself strongly with the preferred (alienating) parent and rejects a relationship with the other (targeted) parent without legitimate justification.
– The mental component of this condition is a false belief that the rejected parent is evil, dangerous, or not worthy of love.
– The behavioral component of parental alienation is the firm, persistent rejection of a relationship with the targeted parent.
Continue Reading Kane County Divorce: Parental Alienation

The Borderline Personality Disordered Parent: A Challenge for Courts, Professionals, the Target Parent, and the Child
Mary Alvarez, PhD, Psychologist
WHY WOULD A PARENT weaponize a child in order to hurt or destroy the other parent’s relationship with that child? Which also leaves the child with significant negative psychological effects? There are several different psychological “culprits” that can help explain a parent’s extreme behavior (engaging in parental alienation) and borderline personality disorder is one such high conflict personality disorder that is not an uncommon diagnosis for the alienating parent. Not understanding nor including some sort of plan to deal with…
Continue Reading The Borderline Personality Disordered Parent: A Challenge for Courts

Parental Alienation Awareness Day is THIS Thursday, April 25

Please do NOT reply to this message.

The Anti-Alienation Project

Remembering…
the Colorado Panel Event
on April 4, 2024

The Anti-Alienation Project wishes to say thank you to PASG for sponsoring our Colorado panel event. It was such a meaningful and profound healing experience to meet, in person, and spend time with other child survivors of parental alienation.
The full panel discussion video, with Dr. Jennifer Harman’s awesome introductory lecture, will be premiering on YouTube on Parental Alienation Awareness Day this Thursday at 7 PM EST (5 PM MST).
Please join us to…
Continue Reading Parental Alienation Awareness Day is Thursday, April 25