Answers to Basic Questions About Divorce

Can I claim my ex-spouse and children as tax deductions after the divorce?

Under current tax laws, maintenance payments are generally taxable to the recipient and deductible by the provider. Child support is not deductible or taxable, and the parent who has custody usually gets to claim the dependency exemption. After divorce, neither party is able to claim the other as a dependent, nor can you file a joint income tax return for the year in which you are divorced.

I spent my married life raising our children and out of the workforce. How will I support myself?

If you are a fulltime homemaker in a long-term marriage, you may be awarded maintenance for an extended period of time if it is needed. A clear example of need is if you can prove you are unemployable or would earn very little and cannot maintain your standard of living. This might be shown if you have not worked, have no marketable job skills, are elderly or disable. On the other hand, if the marriage is of short duration, an unemployed dependent spouse may receive maintenance for a limited period of time until he or she becomes self-supporting or as presumed by statutory guidelines.

How are child custody and visitation rights determined?

The terms custody and visitation have been removed from the Illinois statutes. The care of children after divorce is determined by which parent has been allocated parental responsibility for the children and how parenting time is divided. Parents may share these as they agree or the Court directs. Mothers and fathers start with equal rights, but a parent who has been the primary caregiver during marriage will have an advantage. The determination is based on sharing these rights and can be defined as the parties wish to define it. Generally it means a high level of cooperation and joint decision making on schooling, religion and medical treatment.

Child support is not deductible or taxable, and the parent who has custody may claim the dependency exemption, although a divorce court can direct otherwise.

What if my spouse and I cannot agree on Allocation of Parental Responsibility and Parenting Time?

If you cannot agree, the divorce court provides mediation services free of charge. If you still cannot agree, the court may appoint a lawyer or child representative for the child. The court may also order evaluations of the entire family by mental health experts to help determine the best interest of the child.

There are two types of litigation on these issues: An original determination and changing the original determination. In original determinations, a parent need only demonstrate that an award to him or her is in the child’s best interest.

The divorce court provides custody mediation services free of charge. The court will determine the care of children based on the best interest of the child.

In a change proceeding, a party must prove, by clear and convincing evidence that a change is in the child’s best interest. A request for a change would be heard by the court when there has been a substantial change in circumstances regarding the child’s health and welfare. Seeking a change within two years of a custody order requires extreme circumstances.

In certain circumstances, grandparents, step-parents and siblings may seek allocation of parental responsibility and parenting time. Finally, neither party may remove a child to live outside Illinois without the consent of the other party or a court order; thus, a removal action may be necessary after the parties have divorced.

There are two types of litigation regarding child care: An original determination and change of the original determination.

How much will it cost to get a divorce?

The cost will depend on several factors, such as the amount of time required of your attorney, the complexity of the issues, the degree of conflict, your attorney’s level of expertise and how the case is resolved. The court may order you to pay your own legal fees, or order your spouse to pay them depending on your relative financial resources after the divorce. Since legal fees are usually paid out of the marital assets, both of you are effectively contributing to each other’s fees.

What does Schiller DuCanto & Fleck LLP offer?

Schiller DuCanto & Fleck LLP is recognized as one of the premiere divorce law firms in the United States, and the largest devoted solely to family law. The Best Lawyers in America. a reference book used by many in selecting attorneys, ranked Schiller DuCanto & Fleck LLP “number one” in the nation. We have lawyers with expertise in virtually all aspects of family and matrimonial law, including litigation, taxation, parental responsibility, retirement benefits, appeals, mediation, collaborative law, trusts and estates, business evaluations, forensic account and financial investigation. We use a valuable team approach, giving you the full range of talents and resources you need. Through experience, knowledge and a vast network of working relationships, Schiller DuCanto & Fleck LLP has truly developed an unparalleled understanding and ability to handle virtually any type of divorce, from the simple to the most complex, with the best possible result.