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Choosing Your Power of Attorney
As you look toward the future, you may realize that there could be a time when you are limited in your decision-making abilities. It may become impossible for you to express your wishes regarding your finances, property, and even your own medical care. To prepare for such a possibility, Illinois law allows you to select an individual to serve as your power of attorney for these types of decisions. Your power of attorney will have the authority to make decisions on your behalf if and when you are no longer able to do so.
The Right Person
The individual that you choose to serve as your power of attorney must be capable of handling his or her assigned responsibilities. This means that he or she should:
- Pay close attention to details;
- Be organized with money and other important decisions;
- Have an understanding of finances and/or health care and insurance, depending on the type of power of attorney;
Divorce and the Family Pets
Maybe he is your best hunting companion, spending countless hours together in the woods or tracking game. Maybe she likes to curl up on your lap while you watch television or against your body while you sleep. Companion animals like dogs and cats play such a significant role in the everyday lives of millions of people. You would never consider taking your leafblower hunting nor would you want to cuddle up with a set of silverware and cup of hot cocoa. However, if you are going through a divorce, most states recognize companion animals simply as property, no different than the household items in these impractical examples.
Working Together
Communication and compromise are important tools for any divorcing couple when making arrangements for parental responsibilities and the division of property. Placing a dispute in the hands of the court to decide can lead to contentious hearings and an outcome that leaves one or both partners unhappy. When custody of pets is at issue, however, compromise is even more imperative. While there are some small signs of change around the country, most courts are not nearly as concerned with a pet’s best interest as they are with that of a child.
Homework Concerns for Children of Divorce
Not many children get home from school excited to dive right into their homework. Almost every school-aged child has homework assigned at least a few nights per week and many have homework on weekends too. Under the best of circumstances, even the most dedicated students can get burned out. For a child dealing with their parents’ divorce, the issue of homework can become a battleground if the parents do not make the conscious effort to cooperate.
Parents want what is best for their children. In a divorce situation, emotions and stress can sometimes lead a parent to try to establish complete control over the child’s education and assignments. Children may benefit more, however, when both parents agree to each take responsibility, especially when their share custody during the school week. While the specific arrangements of any family situation will be different, there are a few things that divorced parents should strive to offer their children, regardless of whether the children are with Mom or Dad.
Five Difficult Questions That Highlight the Need for Estate Planning
It is never easy to think about our own mortality. In the back of our minds, we realize that we will not live forever, but the topic can certainly be uncomfortable and overwhelming. Unfortunately, this leads many people to procrastinate when it comes to estate planning, convincing themselves that they will address the issue when they are a little older or closer to retirement.
Sometimes, individuals need a wake-up of call of sorts in order to get motivated in their estate planning efforts. If you have not completed an estate plan yet, consider questions such as:
If you and your spouse both die, who will raise your children?
Estate planning is about much more than making arrangements for your assets and property. It also allows you to appoint a guardian for your minor children should something happen to both parents. If you do not make such arrangements, a judge you have probably never met will decide who gets to raise your children.
The Problem of Hidden Assets in Divorce
It is certainly not uncommon for divorcing spouses to fight over money. In many situations, finances are the only issue that keeps the divorce process ongoing—often for many months or even years. A large number of such cases include high-net-worth couples with significant assets and business interests, which can be very complicated to divide fairly. Other cases, however, involve one spouse hiding or obfuscating assets so that he or she will not lose them during the divorce.
Manipulating the System
Illinois law requires each spouse to make a full financial disclosure during the divorce process so that all marital property can be divided equitably. Too often, one spouse will attempt to leave certain assets or revenue streams out of his or her disclosure so that they will be “safe” from division during the divorce. This type of behavior defies the intent of the law regarding equitable distribution and is taken very seriously by the courts.
Your Rights to Receive or Refuse Death-Delaying Procedures
As you look forward to the future, you will need to make some important decisions about the disposition of your property and the care of your dependents. These are the considerations that most people think of when they hear the term “estate planning.” Estate planning, however, also gives you the ability to make advance decisions for your own medical care and treatment so that in the event that you are disabled or otherwise incapacitated, there will be no doubt regarding your wishes.
Your Living Will
A living will is one example of an estate planning document that can be used to formally record your desires regarding the medical care you wish to receive—or not receive—in specific situations. It is a type of advance medical directive that can be used to give instructions to your medical providers as well as to any person you have appointed to make medical decisions on your behalf, such as a power of attorney.
Racing to the Courthouse: Does Filing for Divorce First Matter?
In most types of court proceedings, there is a clear delineation between the plaintiff and the defendant. The plaintiff—sometimes called the claimant—is the party that has decided to take some sort of legal action against the defendant. In a personal injury case, for example, the plaintiff may have filed a lawsuit to recover financial compensation for injuries that he or she believes were caused by the defendant. Likewise, the plaintiff in criminal proceeding—the state—is seeking a judgment of guilt and criminal penalties against a defendant believed to have committed a crime. Technically, a divorce is no different: the spouse that files the divorce petition is considered the plaintiff, making the other spouse the defendant. But, does it really matter which spouse is which?
Different Terminology
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) is a comprehensive compilation of statutes that govern the divorce process in Illinois. The IMDMA generally avoids the use of the terms “plaintiff” and “defendant,” instead using the more neutral “petitioner” and “respondent” in most cases. This highlights the concept that divorce does not need to a highly contentious battle in which there are clear winners and losers.
A Simple Clause Can Protect Your Heirs’ Eligibility for Assistance Programs
If you have ever helped a loved one apply for government assistance programs, you probably know that many such programs have qualification requirements that include income and asset limits. While such restrictions were originally put in place to reserve the benefits of such programs for those with the greatest need, they are also the source of intended consequences for many unsuspecting individuals. This is frequently the case when a person who relies on Medicaid, Social Security, or other government programs is named as a beneficiary in another’s will or estate plan. A sudden increase influx of assets or property, as often happens with an inheritance can affect the heir’s eligibility for the assistance on which he or she depends.
Government Assistance Programs
Many governmental assistance programs have been in existence for decades, with a number of them tracing their roots to the Great Depression recovery measures of the “New Deal” of the 1930s. Of course, such programs are often the subject of controversy as lawmakers debate the programs’ future and how they are to be funded. Few, however, debate their usefulness for individuals truly in need of financial assistance and medical care.
The Importance of Following a Parenting Plan
When you share parenting responsibilities for your child with your former partner, things are not always going to be easy. You will almost certainly experience disagreements with the other parent over a variety of concerns including the child’s activities, your relationship with the child, and your ability to properly exercise your parenting time. Regardless of the difficulties, however, it is very important for you to continue following any orders entered by the court so that you do not put your parental rights in jeopardy.
Components of a Parenting Plan
Following a divorce or breakup of unmarried parents, arrangements must be made for the couple’s child or children. To facilitate the process, the law requires the parents to submit a proposed plan regarding each parent’s responsibilities for the child. Each parent may submit a separate proposal or they may develop one together. A parenting plan must contain a number of other elements, but the most important considerations include the allocation of significant decision-making responsibilities and a parenting time schedule. Once a parenting plan has been approved by the court and entered as an order, both parents must abide by its terms.
Changes Coming to Illinois Child Support Law
If you are parent facing a divorce—or breakup if you are not married—you probably understand that a child support order may be in your future. In most separated parent situations, one parent is required to make payments to the other parent to assist with the costs of raising their child. Usually, the parent with fewer responsibilities and less parenting time is the one who must provide the support, but the law allows a court to order support payments from either or both parents as appropriate.
Currently in Illinois, child support calculations are based on two primary factors: the net income of the supporting parent and the number of children that require support. Other considerations may be taken into account, but generally have less impact on the final order.
Need for Change
This model of calculating child support payments has come under fire in recent years by those who claim that it does not accurately reflect a family’s financial situation. By looking only at one parent’s income, the existing law may create a situation that is inequitable to one spouse. Additionally, there is no current mechanism to account for shared parenting time. A parent who shares parenting time equally with the other parent does not currently receive any additional consideration for the expenses he or she incurs during his or her time with the children.
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