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Recent Blog Posts

Can I Get Sole Custody in Illinois?

 Posted on October 31,2024 in Child Custody

St. Charles, IL child custody lawyerIn Illinois, courts prioritize the best interests of the child when determining parenting time and parental responsibilities (formerly called "custody"). While joint parenting time and shared responsibilities are common, there are situations where one parent may wish to obtain sole parenting time and decision-making authority.

Getting sole parenting time and parental responsibilities is sometimes possible, but it requires meeting specific legal standards, which can be difficult to prove. If you are seeking sole parenting time in your Illinois divorce, a Kane County family law attorney can help you build a compelling case that shows getting sole custody would serve your child’s best interests.

What Does Sole Parenting Time and Parental Responsibilities Mean in Illinois?

In Illinois, "sole parenting time" means that the child primarily or exclusively lives with one parent, and that parent manages the child’s day-to-day activities. "Sole parental responsibilities" means that only one parent has the authority to make major decisions regarding the child’s welfare, such as decisions about education, healthcare, and religious upbringing.

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Who Can Claim the Child Tax Credit After Divorce?

 Posted on October 22,2024 in Illinois Divorce

St. Charles, IL Divorce LawyerTax season can add another layer of confusion for divorcing parents, especially when it comes to the Child Tax Credit (CTC). The CTC offers significant tax relief for parents, but who gets to claim it after a divorce? Knowing the rules can help you avoid disputes and protect your finances, and Weiler & Associates, Inc. can help.

As a Certified Financial Litigator, Tim Weiler is an Illinois family law attorney who has the specific experience and knowledge to help you navigate the complexities of financial matters in divorce, including tax-related disputes.

What is the Child Tax Credit?

The Child Tax Credit is a federal tax benefit designed to help parents offset the costs of raising children. For the 2023 tax year, eligible parents can receive up to $2,000 per qualifying child under the age of 17, with $1,600 of that being refundable. The credit can reduce your tax liability and, in some cases, provide a refund if it exceeds the amount of taxes you owe. However, things get tricky after a divorce, as only one parent can claim the CTC for each child in any given tax year.

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How to Protect Your Privacy During Your Illinois Divorce

 Posted on October 09,2024 in Illinois Divorce

Kane County, IL divorce lawyerDivorce is a deeply personal experience, and for some, the prospect of airing private matters in court is a process they would avoid at all costs. For high-profile people, or those with substantial assets, the desire to protect privacy during divorce is especially important. Fortunately, there are steps you can take to keep sensitive information out of the public eye and protect your family’s privacy during the process.

If you live in Illinois and are concerned about keeping your divorce proceedings confidential, understanding your options under the law is the first step. Working with a knowledgeable Kane County, IL divorce attorney can help ensure your private matters stay that way while also protecting your children from unnecessary exposure.

Is Divorce Public Record in Illinois?

In Illinois, divorce filings, like other court cases, are typically part of the public record. This means that anyone can request access to these records unless the court takes specific action to seal them. For most divorcing couples, this is not an issue. However, for people with a high net worth, business interests, or public profiles, this openness can present serious concerns.

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What Happens to My Shares in a Business During Divorce?

 Posted on October 07,2024 in Asset Division

Kane County, IL divorce lawyerIf you are going through a divorce and own shares in a business, you might be worried about what will happen to your ownership stake. In Illinois, marital property laws may impact your shares, especially if they were acquired or increased in value during the marriage. Depending on the circumstances, your spouse might be entitled to a portion of the business value.

To protect your valuable business assets and understand your options, it is crucial to speak with an experienced Kane County, Illinois divorce attorney who has specific experience helping business owners with complicated, high-worth assets. At Weiler & Associates, Inc., we can help you secure your ownership stake and ensure that your business continues to thrive throughout and after the divorce.

Can My Spouse Claim Ownership of My Business Shares?

Yes, in Illinois, your spouse may have a claim to a portion of your shares if they are considered marital property. Illinois follows an "equitable distribution" model, meaning that assets acquired during the marriage are divided in a way that is fair, though not necessarily equal. If your shares were obtained before the marriage, they might be considered non-marital property.

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Should I Keep the Marital Home After My Illinois Divorce?

 Posted on September 27,2024 in Asset Division

St. Charles Divorce LawyerDuring divorce proceedings, one of the most emotionally charged questions couples face is whether to fight for the marital home. For many, this residence signifies stability, memories, and the family unit. Consulting a qualified lawyer can provide invaluable insights into the various considerations that surround this decision.

Emotional Attachment vs. Practical Considerations

When weighing the decision to keep the marital home in an Illinois divorce, it is crucial to consider both emotional and practical factors:

  • Emotionally charged memories – The home may hold significant memories, making it hard to let go.

  • Sense of stability – Retaining the home can provide a sense of stability for children during a turbulent time.

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Making Decisions About Your Child’s School After Divorce

 Posted on September 20,2024 in Child Custody

Kane County Family Law AttorneyIn Illinois, when parents divorce, the issue of parental responsibilities — which includes making decisions about a child’s education — is addressed in the divorce decree. Parental responsibilities are divided into two main areas: decision-making and parenting time. Decision-making responsibilities cover significant aspects of a child’s life, including where they will attend school. 

In a divorce decree, the court may grant one parent sole decision-making authority, or both parents may share this responsibility, depending on what is in the best interests of the child. If both parents share educational decision-making, they must work together to agree on matters related to the child’s schooling, such as choosing between public or private schools, or deciding whether to continue the child’s current education plan. If you have questions about how educational decisions are addressed after divorce, a Kane County, IL child custody lawyer can help explain your rights and options.

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Out-of-Court Settlements Instead of Divorce Litigation

 Posted on September 12,2024 in Illinois Divorce

Kane County Family LawyerWhen faced with a divorce in Illinois, many people assume that court is the only way to resolve their issues. Yet, pursuing a settlement can lead to a more amicable dissolution of marriage, saving time and money. With the assistance of a diligent lawyer, you can create a more favorable and personalized outcome for yourself and your family. Here is how you can steer toward a divorce settlement instead of heading for court litigation.

Begin By Pursuing Open Conversations

The key to a successful settlement begins with honest discussions. Clear communication can bridge gaps and help to reduce tensions. Here are some tips on how to make that happen:

Keeping Your Business Safe During an Illinois Divorce

 Posted on September 05,2024 in Illinois Divorce

Kane County Family Law AttorneyDivorce can disrupt not only personal lives but also the financial foundations of a business. For business owners in Illinois, navigating the complications of a divorce requires careful and strategic planning to safeguard the company against the perils of Illinois divorce. Here are some key considerations to protect your business during your divorce. Discuss with a lawyer ways to ensure that your business survives the divorce and can function effectively before, during, and after your divorce.

Document the Source of Funds

One of the most effective ways to protect your business during a divorce is by thoroughly documenting the source of funds that were invested in the business. If you can clearly demonstrate that the capital used to start or grow your business originated from non-marital assets (such as inheritance or pre-marital income), it may help classify those funds as yours alone.

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Warning Signs that Your Spouse May Be Hiding Assets

 Posted on August 26,2024 in Illinois Divorce

St. Charles, IL divorce lawyerDivorce is often described as one of life’s most challenging experiences, and concerns about financial fairness during the divorce can complicate the process even further. A significant worry for many is whether their spouse is concealing assets from them in order to avoid a fair settlement. Sadly, this type of deceit is often more common than many think.

Recognizing the signs that your partner may be hiding financial resources is crucial for ensuring his or her behavior is identified and stopped and that a fair settlement, which can only be achieved when all assets are accounted for, can be pursued. If you are concerned your spouse is hiding assets from you, bring up these concerns with your lawyer.

Signs that Your Spouse May Be Hiding Money Before Divorce

Strange or Unexplained Changes in Behavior

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Child Support Considerations for Children with Autism

 Posted on August 21,2024 in Child Support

Kane County, IL child support lawyerChild support is a crucial aspect of family law intended to ensure that children's needs are met after a separation or divorce. For children with autism, understanding the specifics of child support in Illinois can be vital for ensuring children receive the support they need for their well-being. If you are getting a divorce and have a child with autism, discuss with your Illinois family law attorney how to handle the situation, always keeping in mind the importance of promoting your children's health and wellness.

Understanding Child Support Guidelines in Illinois

In Illinois, child support is determined based on legal guidelines that consider each parent's income, each child's needs, and the number of children involved. For families with children on the autism spectrum, it is important to recognize that their needs may be more complex than the typical child's, often requiring additional support for therapy, medical care, and educational services. Courts can account for these unique circumstances when determining the appropriate levels of support.

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