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Peoria 309-407-3332
Morton 309-263-1204

Peoria Family Law Blog

Can unpaid child support affect a passport application?

Parents who have fallen behind on their child support payments could face numerous consequences, such as the threat of arrest, garnishment of their wages, or the interception of their tax refunds. However, it is vital for non-custodial parents who are in this position to recognize some of the other potential consequences of child support delinquency. For example, a parent who owes back child support may be unable to apply for a passport in Peoria, or any other Illinois city.

The U.S. Department of State reports that owing more than $2,500 in back child support renders a parent unable to successfully apply for a passport. Parents who owe at least $2,500 in unpaid child support must first pay arrears before their passport application will be approved. If you are facing these difficulties, you should also be aware that the process can take a few weeks, which underlines the importance of handling these problems in a timely manner.

QDROs and the equitable division of retirement accounts

People in Illinois who are lucky enough to have a healthy retirement benefits package through their employer may not have thought about the rules and regulations governing the plan. Once divorce is on the horizon, though, it is essential to understand how property division may affect the account. According to The Motley Fool, the taxes and penalties could significantly reduce the value if the right steps are not taken.

With some types of plans, a couple can avoid these losses through completing a Qualified Domestic Relations Order. This court order gives the non-employee spouse the ability to roll his or her equitable share of the funds into a separate qualifying plan. A pension, 401(k) and 403(b) are examples of plans that qualify. There is a rule specific to divorce that governs the division of traditional IRAs and Roth IRAs.

Addressing paternity fraud

From child support payments to custody disputes, fathers who have split up with their child's other parent may encounter various challenges. Our law firm knows how tough these matters can be for fathers in Peoria and across all parts of Illinois. Unfortunately, some men have been named as the father of a child that is not theirs biologically. Paternity fraud can be very emotionally taxing for men, but it can also create financial problems as well. For example, someone whose life has been thrown into turmoil by paternity fraud may be struggling to pay child support.

When it comes to paternity, there are various factors to consider. Sometimes, men may sign a form when the child is born, wrongly believing it is theirs. However, a woman may claim that a man is the biological father of her child even though he never signed any papers. Unfortunately, some men find themselves in this position even though the child's mother was well aware that he was not the biological father.

What you can expect from an adoption home study evaluation

If you are preparing to adopt a child in the state of Illinois, the first order of business will be to undergo the home study evaluation. After its completion, you will legally become temporary custodians of the child until the court enters the final judgment of adoption.

A social worker conducts the home study evaluation. Once you familiarize yourself with the main home study elements, you may feel more comfortable with the process.

When is back child support prosecuted at the federal level?

From time behind bars to fines and a damaged reputation, you may be aware of some of the different repercussions associated with missing child support payments. In Peoria and other parts of Illinois, some fathers may go through these hardships because they could no longer pay child support after the loss of their job or some other issue they did not see coming. However, you should do what you can to address this situation if you are having trouble with payments, from setting up a payment plan to modifying your child support order. You may also want to be aware of certain factors that could impact your circumstances. For example, it could be helpful to realize when unpaid child support is handled at the federal level.'

Often, child support delinquency is taken care of by authorities at the local and state level, according to the U.S Department of Justice. That said, there are times when federal authorities may become involved. For example, if a person who is obligated to pay child support leaves the state in an attempt to evade making payments and they owe more than $5,000 or have not paid child support for over a year, the federal government may decide to prosecute their case. Moreover, they could face up to two years behind bars if they owe over $5,000.

Job loss and alimony payments

Whether you were laid off due to the seasonal nature of your line of work or you were fired for an unexpected reason, moving forward after the loss of your job can be very challenging. Worse yet, you may face financial difficulties that prevent you from paying bills, staying current on your child support or paying alimony. Our law firm knows how upsetting this can be for people in Peoria, and cities across Illinois. However, it is vital for you to promptly go over your options if you are struggling with making your monthly spousal support payments.

If you have experienced a significant change in your financial circumstances, you could be able to have your spousal support order modified. By doing so, your payments could be lowered, becoming more compatible with your current income. You may also want to explore modification if you were seriously hurt and your injury has reduced your earning potential, if your hours were substantially cut or your financial affairs have been upended for another reason. 

Job loss and spousal support

In recent years, some people have found themselves out of work for one reason or another. In Peoria, and across Illinois, labor market conditions can make it tricky for people in this position to find more work. If you have recently lost your job, you may be wondering how to handle your responsibilities, such as paying your bills and continuing to make your spousal support payments. Our law office understands the stress and uncertainty that people going through this may experience and it is critical for you to explore your different options.

From custody matters to the distribution of marital property, the divorce process can be overwhelming. If you are required to pay spousal support, you may be worried about your ability to continue making payments in the event that you are laid off, fired, or decide to step down from your position. If your income has changed significantly, you may not be able to keep paying the amount of alimony that you have been ordered to. However, you may be able to modify your spousal support order.

Can I deduct spousal support payments?

If you are required to pay spousal support, there are various issues you may have to consider. For example, you may be having a hard time making your payments due to financial hardships you are facing because of a health condition that caught you off guard or the loss of your job. Or, perhaps you are unsure about how your alimony payments will affect your tax return. In Peoria, and throughout the whole state of Illinois, finding answers to spousal support issues and other family law problems is pivotal.

If you are required to pay alimony, you should be aware that your spousal supports payments can be deducted, according to the Internal Revenue Service. Moreover, spouse's who receive alimony from their formal marital partner are also obligated to report alimony payments received to the IRS. In order for payments to be considered spousal support, various conditions must be satisfied. For example, payments that are seen as property settlements or child support are ineligible. Moreover, those who are divorced cannot count payments as spousal support if they live in the same household or file joint tax returns.

Understanding the types of child custody in Illinois

When you separate from a previous partner, nothing is more important than establishing the wellbeing of your child. Sometimes individuals can work out child custody among themselves. However, in cases where the separation is not amicable, this may not be a simple task.

Either way, there are a few different situations that can apply. Before you embark upon a child custody case, it is important that you fully understand your options. Each type of custody has its own characteristics and can have different effects upon you, your child, and your relationship in general.

Preventing divorce from ruining a successful business

A divorce can affect a lot of different factors in a person’s life including finances, family ties, personal well-being and even that person’s career or profession. For Illinois couples who are involved in business together but have chosen to divorce, they will undoubtedly have to make some serious decisions regarding the organization’s future and success.

According to the Huffington Post, there are some valuable steps that any divorcing couple can take in regards to protecting their business. Proactive measures such as these can be crucial in preventing divorce from impeding company success. Here are some of the things a couple can do:

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Morton, IL 61550

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