Posted on December 20, 2024 in Child Support

Child support is intended to ensure that children receive the financial resources they need after their parents separate or divorce. However, mistakes can happen, and some parents may find themselves paying child support that was miscalculated, unjustly ordered, or otherwise inappropriate. 

If you believe you have paid child support in error, you may wonder whether you can recover your money. The answer depends on the specific circumstances in question. Consulting an Illinois family lawyer is essential to understanding your options and protecting your rights.

When Does Child Support Overpayment Happen?

Several scenarios can lead to wrong or excessive child support payments. For example, overpayment might occur if you discover you are not the biological parent after already paying support, or if your payments continued after your child reached adulthood or became emancipated. Errors in calculating support or delays in modifying a child support order after a change in circumstances can also lead to overpayment.

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 Posted on December 16, 2024 in Illinois Divorce

The finalization of a divorce decree in Illinois often brings a sense of closure, but not everyone feels the outcome is fair or just. If you believe the court made an error in your divorce case, you may have the option to appeal the decree. 

Appeals are not about retrying the entire case but rather challenging specific legal errors that impacted a decision. A knowledgeable Illinois family lawyer can help you determine whether appealing your divorce decree is appropriate for your situation.

When Can You Appeal a Divorce Decree?

In Illinois, you can appeal a divorce decree if you believe the judge made an error in applying the law or if there were procedural issues that unfairly impacted the outcome of your case. The court must have incorrectly interpreted or applied Illinois family law for an appeal to be considered by an appellate court, the next highest level of courts in Illinois. 

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 Posted on December 10, 2024 in Illinois Divorce

Divorce can bring significant changes to your financial life, including how you file and pay taxes. These changes might seem overwhelming, but understanding how they work can help you prepare and avoid surprises during tax season. A knowledgeable Illinois divorce attorney can explain how divorce will affect your taxes and help you take the right steps to protect your finances.

Filing Status Changes

Your tax filing status is based on whether you are married or single on December 31 of the tax year. If your divorce is finalized by that date, you must file as "Single" or, if you qualify, "Head of Household."

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 Posted on November 28, 2024 in Asset Division

Some married couples decide to invest in a summer home, such as a lakehouse, cabin, or beach house that can serve as a favorite vacation destination. These properties often provide an experience that cannot be replicated at a hotel or resort, allowing you some peace and quiet and creating some irreplaceable memories for your family.

However, serious questions can be raised about ownership of a summer home in cases of high asset divorce, especially if both spouses want to keep it. The Kane County, IL family law attorneys at Weiler & Associates, Inc. have experience resolving divorce issues, and we are prepared to help you navigate the division of your summer home.

The Difference Between Marital and Non-Marital Assets

When assets are split up in a divorce in Illinois, the court has to make a judgment about what is and is not marital property–that is to say, what belongs to you exclusively and what is jointly owned by you and your spouse. Under state law, anything that you acquired before the marriage is generally considered your own non-marital property, along with inheritances and gifts you have received.

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 Posted on November 19, 2024 in Illinois Divorce

An order for spousal support (commonly referred to as alimony) can have lasting implications for your financial situation. On top of that, once you have been ordered to pay spousal maintenance, it can be very difficult to get out of it.

While your options may be limited, understanding your legal recourse for alimony payments could save you long-term stress. An experienced Illinois family law attorney can provide you with guidance and aggressive representation during and after a divorce, giving you a real voice in negotiations.

Case 1 - Stick With It

The simplest solution and the path of least resistance is to simply make your alimony payments on time until spousal support is terminated. It is exceedingly rare for a judge to order indefinite spousal support, and it usually only happens for marriages that have lasted at least twenty years.

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 Posted on November 14, 2024 in Illinois Divorce

If you are getting a divorce, you might have serious questions about how your properties are going to be split between you and your spouse. This can include not only the marital home but other real estate properties as well.

As these assets can be valued in the hundreds of thousands of dollars, it is crucial that you seek out an experienced family law attorney who can protect your rights to your property and ensure a smooth transition out of the marriage. Even if your divorce is amicable, an Illinois family law attorney can still be immensely useful in clarifying the complex legal procedures behind the division of assets.

Who Gets the Marital Home?

Put simply, the marital home is the house a couple lives in during a marriage. There are several factors that may influence the judge’s decision about who keeps the marital home. The presence of children is one of the most significant considerations. In family law, courts always make rulings based on whatever is in children’s best interests, so the main custodial parent sometimes keeps the house, especially if the children have a sentimental attachment to the property and/or location.

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 Posted on November 07, 2024 in Paternity

Discovering infidelity in a marriage can be crushing, especially if you find out that you are not the biological father of your child. You may have pressing questions about paternity and what your options are when you have been willfully deceived. A father in this position has an important decision to make, one that is not to be taken lightly. A Kane County, IL family law attorney can meet with you privately to discuss a possible course of action and protect your rights before a judge.

Discovering DNA Evidence

In this day and age, genetic testing is so widely available that you may only have to drive to your nearest Walgreens or CVS to get a test. Online services like 23andMe and Ancestry.com can also produce results in a matter of weeks. However, you should know that any of these results are not admissible evidence in a court of law. As soon as you discover evidence that a child may not be yours, you should take immediate action with a family law attorney to learn your options.

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 Posted on October 31, 2024 in Child Custody

In 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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 Posted on October 22, 2024 in Illinois Divorce

Tax 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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 Posted on October 09, 2024 in Illinois Divorce

Divorce 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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