Robert A. Chapski, Ltd.Robert A. Chapski, Ltd.2024-03-26T07:05:15Zhttps://www.chapskilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1300217/2020/03/cropped-RobertAChapski_FAVICON_512x512_MAR20-32x32.jpgOn Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=483002024-03-15T19:52:21Z2024-03-18T19:51:52ZFinancial implications
The financial impact of gray divorce is impossible to overstate. After years of building a life together, couples often have shared assets such as homes, retirement accounts and savings. Splitting these as fairly as possible can be tricky.
Retirement plans
Retirements take a big hit in gray divorces. Designs for the future may need reevaluation. Adjusting to a single income could demand staying on the job longer than desirable, changing lifestyle expectations or both. Understanding how to divide retirement funds without incurring huge taxes or penalties is also part of navigating a split later in life.
Health insurance and medical benefits
It is common in marriages for one partner to be on the other's health insurance. Following a gray divorce, the person covered by their former spouse's plan might need to find new insurance. This task can be daunting and expensive, especially if existing health concerns are in the mix.
Living arrangements
Deciding where to live post-divorce can be a burden for older adults. The family home may have sentimental value, yet it might be too large or expensive for one person. Moving could be hard to accept, especially if it involves leaving a community and support network built over many years.
Social and emotional adjustments
Beyond the tangible, gray divorce carries with it emotional and social changes. Returning to the dating scene, if desirable, can feel intimidating. Also, there might be a loss of mutual friends or changes in relationships with children and grandchildren.
Gray divorce comes with particular issues due to the longer duration of the marriage and the life position of the individuals involved. Planning and patience can help one make it through this difficult time.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482982024-02-26T20:14:14Z2024-03-04T20:14:04ZThe impact on children
The Centers for Disease Control and Prevention says that over 680,000 couples divorced in 2021. Many of these divorces affected children, and it is inevitable that some divorced parents fail to respect the terms of their parenting plan. For children, denied parenting time can lead to feelings of confusion, sadness and abandonment. Children may struggle to understand why they are unable to see one of their parents regularly, which can result in emotional distress and behavioral issues. Children who lose access to one of their parents may experience lower self-esteem, difficulties in forming healthy relationships and even long-term psychological effects such as depression and anxiety.
Furthermore, denied parenting time can also strain the parent-child relationship. When a child is not able to spend time with both parents, it can create a sense of distance and alienation between them. This can lead to feelings of resentment, anger and a breakdown in communication. Children may also feel like they are being forced to choose sides, which can create loyalty conflicts and further damage the parent-child bond.
The impact on parents and family members
For the parent who is being denied parenting time, the impact can be equally devastating. Being separated from their child can lead to feelings of helplessness, frustration and grief. Parents may experience a sense of loss and a deep longing to be in their child's life. This can also affect their mental health and overall well-being, as they struggle to cope with becoming kept apart from their child.
From a family perspective, denied parenting time can have ripple effects that extend beyond the immediate family unit. Siblings, grandparents and other relatives may also become impacted by the absence of a parent in the child's life. By supporting healthy co-parenting relationships and promoting the importance of both parents in a child's life, people can help mitigate the negative impact of denied parenting time and foster positive outcomes for families.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482992024-02-27T22:57:35Z2024-02-29T22:56:30ZIdentification of assets
One of the initial challenges is identifying what exactly is being hidden. It often requires thorough investigation and scrutiny of financial records, bank statements and other relevant documents. This process can be time-consuming and costly, as it may involve hiring forensic accountants or financial experts to uncover hidden assets.
Unequal distribution
When one spouse is hiding assets, it can lead to an unfair distribution of property during the divorce settlement. The concealed assets may go unnoticed during the division of assets, resulting in one party receiving less than they deserve. This can further exacerbate feelings of resentment and distrust between the divorcing spouses.
Impact on financial stability
Financial stability is already a concern for many individuals going through a divorce. When assets are being hidden, the financial implications can be even more severe. The hidden assets may have a significant impact on the financial well-being of both parties post-divorce, especially if one spouse is unaware of their existence. This can hinder their ability to move forward and rebuild their lives independently.
While 90% of divorces end on uncontested terms, many start out in a contentious manner. When one spouse acts unfairly or tries to hide marital assets, additional conflict can arise. Knowing what to expect in the face of such a situation can help you navigate the ensuing complexities.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482972024-02-13T23:26:15Z2024-02-19T23:26:07ZWhen might a court make a mother pay child support?
Like other states, Illinois law expects both parents to provide material support for their children. During divorce proceedings, the court will estimate the financial benefits a child would have received if the parents were to stay together and attempt to create an arrangement where the child can get a similar level of support.
The court will consider each parent’s income and the custody arrangement in determining the amount of support. When the noncustodial parent earns higher wages, that individual may have to pay child support to the co-parent. Even when parents split custody equally, the parent who earns more may have to pay support so the child can enjoy a consistent living standard. Therefore, if the mother earns more, the court could order her to pay child support.
What happens if a mother stops paying child support?
Women face the same penalties for failure to make child support payments as men. The consequences could include:
Wage garnishment
The seizure of assets
Driver’s license suspension
Professional license suspension
Charges for contempt of court
Courts try to do what is in the best interest of children when making decisions about custody and support, so women do not automatically receive preferred treatment in either decision. Therefore, a mother may end up being the one to pay child support for her children.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482952024-01-31T20:16:28Z2024-02-05T20:16:21Z1. Lack of communication
One of the most frequently cited reasons for divorce is a communication breakdown. Couples who do not share feelings, needs and concerns in constructive ways can develop resentment, misunderstandings and disconnect. Make communication a priority by setting aside uninterrupted time to catch up daily and discuss any issues openly and honestly.
2. Financial disagreements
Money is often a source of conflict in marriages. Differing attitudes about spending, saving, debt, financial goals and responsibility can chip away at the foundation of a relationship. Compromise and transparency are important. Share financial values, maintain joint bank accounts and stick to a realistic budget you both agree on.
3. Infidelity
An affair often leads directly to divorce. Rebuilding trust after infidelity is challenging but can be possible if both spouses commit to healing. Marriage counseling helps many couples recover. But avoiding temptation in the first place is wise. Nurture intimacy and honesty in your relationship and steer clear of risky situations.
4. Lack of intimacy
When spouses start living separate lives, growing apart emotionally and physically, the disconnect can lead to infidelity, constant conflict or eventual divorce. Make nurturing intimacy and affection a priority. Set aside time for regular date nights, deep conversations and physical closeness.
Understanding the most common causes of divorce can help you decide if this is the right path for your situation.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482962024-02-02T03:23:33Z2024-02-03T03:23:21ZEmotional turmoil
When parents divorce, children often experience a whirlwind of emotions. Feelings of sadness, confusion and anger may surface as they grapple with the changes in their family structure. The dissolution of their parents' marriage can shake their sense of security and stability, leading to anxiety and fear about the future.
Academic performance
The upheaval caused by divorce can also impact children's academic performance. The stress and emotional strain may distract them from their studies, resulting in decreased concentration and motivation. As a result, their grades may suffer, potentially affecting their long-term educational and career prospects.
Relationship strain
The dynamics of co-parenting may introduce conflicts and tension, making it challenging for children to navigate their relationships with both parents. They may feel torn between loyalty to each parent or harbor feelings of resentment towards one or both.
Social challenges
Children of divorced parents may struggle to cope with changes in their living arrangements or feel isolated from peers who come from intact families. These social pressures can contribute to feelings of loneliness and alienation, affecting their overall well-being.
Minimizing the impact
Despite the challenges, there are ways to reduce the impact of parental divorce on children:
Encourage open and honest communication between parents and children. Providing a safe space for children to express their feelings can help them process their emotions and feel supported.
Establishing routines and maintaining consistency in children's lives can provide a sense of stability amidst the changes brought about by divorce. Consistent rules and expectations between households can help children adjust more smoothly.
Encourage children to seek support from trusted adults, such as family members, teachers or counselors. Having a support network can offer children outlets for expressing their emotions and receiving guidance.
Emphasize positive co-parenting practices to promote a healthy relationship between children and both parents. Encourage cooperation and collaboration between parents to reduce conflict and focus on the well-being of the children.
Consider your family's uniqueness so you can develop effective strategies. Whatever you do, keep your children's needs ahead of your own.
Tailor your strategy
Younger children have different emotional and cognitive capabilities compared to older ones. Adjusting your strategies according to their developmental stage fosters understanding and can lessen the impact of your impending divorce.
Focus on the well-being of your children during and after your divorce, choosing supportive solutions to help them through the process.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482942024-01-18T19:43:45Z2024-01-22T19:43:38ZMaintenance orders
A maintenance order in Illinois lists essential details, including the amount, frequency and duration of payments. The order may address spousal support modifications, stipulating conditions for adjustments. Specifying the conditions for termination and potential repercussions for non-compliance provides a clear framework.
Maintenance considerations
In Illinois, courts consider the length of the marriage when determining the amounts and terms of spousal support. Longer marriages may lead to different outcomes than shorter ones because longer marriages usually have more economic interdependence.
This approach ensures that maintenance arrangements align with the specific circumstances and needs of each couple.
Determining amounts and terms
Illinois courts consider various factors when determining the amounts and terms of maintenance. These include the recipient's financial needs, the paying spouse's ability to contribute and any sacrifices made by one spouse for the other's career or education. Courts strive to develop a fair and reasonable arrangement based on these considerations.
Maintenance duration
Maintenance can be temporary or permanent, depending on the circumstances. Courts might give short-term help to the spouse who needs it during the divorce. In cases where financial differences are likely to last after the divorce, they could award permanent maintenance so the lower-income spouse can continue with a relatively similar standard of living.
Modifications
After a maintenance order is in place, either spouse may request modifications under specific circumstances. A significant change in financial circumstances, such as job loss or a substantial increase in income, may warrant a modification.
If the recipient spouse remarries or lives with a new partner, it could also be grounds for a change. Courts assess the reasons for modification requests to ensure continued fairness in the support arrangement.
Your maintenance is unique
You cannot compare your maintenance order to anyone else's. Each order considers your unique circumstances.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482922024-01-08T20:29:08Z2024-01-08T20:29:08ZImpact on asset division
Illinois property division follows the principle of equitable distribution. This means that judges split marital assets fairly, though not necessarily equally. Infidelity, as a standalone factor, typically does not directly impact the division of assets. However, if the unfaithful spouse dissipated marital assets during the extramarital affair, such as spending significant funds on maintaining it (hotels for meetings, expensive gifts for the affair partner, etc.), judges may consider the amount wasted when making their decisions. The same applies to spousal support.
Child custody considerations
Courts prioritize the best interests of the children when determining custody arrangements. Infidelity, if proven to have a detrimental impact on the child's well-being, may influence judges' choices. Factors such as the emotional impact of the infidelity on the child and the stability of the cheating parent's household may come into play.
Illinois law classifies adultery as a misdemeanor, though prosecutors generally have no interest in pursuing charges. During a divorce, judges do not allow its existence in itself to influence their decisions, but when it leads to dissipation of shared assets, judges may factor in the loss of that marital property.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482902024-01-24T20:28:56Z2024-01-05T02:02:36Z1. Equitable distribution
In Illinois, marital property is subject to equitable distribution, meaning that the division of assets is fair though not necessarily equal. Business valuation ensures an accurate assessment of the business's worth, allowing for a fair and just distribution of assets between divorcing spouses.
2. Financial transparency
A business valuation promotes financial transparency during divorce proceedings. This process involves a thorough examination of the business's financial records, providing clarity on the company's assets, liabilities and overall financial health. Such transparency helps build trust between the parties involved and avoids disputes over hidden or undervalued assets.
3. Setting realistic expectations
A precise business valuation sets realistic expectations for both parties involved in the divorce. Knowing the true value of the business allows divorcing spouses to make informed decisions about their financial futures. This knowledge aids in negotiations, potentially reducing conflicts and expediting the overall divorce process.
4. Future planning
Finally, a business valuation serves as a strategic tool for future planning. It offers business owners insights into their company's strengths and weaknesses, facilitating informed decisions about the business's future. Whether it involves selling the business, obtaining financing or planning for growth, a clear understanding of the business's value is invaluable for post-divorce planning.
As one of the 33.2 million small businesses in the U.S., you want to ensure you protect it. A business valuation during a divorce can help you better navigate the complexities of divorce proceedings effectively.]]>On Behalf of Robert A. Chapski, Ltd.https://www.chapskilaw.com/?p=482892023-12-27T20:03:53Z2023-12-27T20:03:53ZNon-residential parents
The Administration for Children and Families reports that in the United States, 22 million kids under 21 had a non-residential parent living outside of the home. The other parent, often referred to as the non-custodial parent, does not live with the kids but could have the right to visit them.
It is important to remember that these arrangements do not mean the parents do not care about their kids. They simply show that families can be different and that sometimes living separately is what is best for everyone involved.
Custodial parents
Custodial parents often face unique challenges in raising their kids. They have to take care of them on a daily basis, provide emotional support, discipline them and make sure they have enough money for their needs. It can be a lot to handle, and custodial parents may need extra help and support from others to do it well. Even though custodial parents have the main responsibility, it is important for the other parents to stay involved in their kids' lives. Spending time with the non-residential parent and having regular communication helps children feel loved and secure.
When both parents work together and make decisions together, it shows that they care about what is best for their kids. Children who have a good relationship with both parents tend to be happier, have higher self-esteem, do better in school and have healthier friendships. When parents communicate and cooperate, it creates a stable and positive environment for the kids.]]>