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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Recent blog posts

For some married couples, timeshares are a vacation paradise and a romantic home away from home. For many others, however, timeshares represent a misguided purchase that is notoriously difficult to sell. Typically, a timeshare allows multiple people to own the same property and utilize it for established periods of time during the year. While the idea is sound, the reality is a little less grand. In fact, most owners complain about the strict usage schedules and excessive taxes.

Unfortunately, when spouses decide to divorce , the timeshare becomes part of their marital estate. In other words, it's time to decide if you want to share it, sell it, or have one spouse outright own it.

Share It

If both spouses have an amicable relationship, they might be able to share the property and split the usage schedule. By sharing the timeshare, both spouses can take advantage of inexpensive vacation opportunities. Also, they aren't forced to cut their losses by trying to sell the time share on the open market. Again, this option is only appropriate for former spouses who are capable of cordial communication and mutual respect. In fact, most attorney s discourage this option because of the long-term pressure it places on both spouses. If you're interested in splitting the timeshare, your lawyer can help you include it in the divorce settlement agreement.

...

the primary purpose of child support is to provide minors with financially-stable living environments that encompass their basic living needs. Calculating and establishing the guidelines of child support payments is an important facet of many divorce settlement s.

Basic living expenses include:

  • Clothing
  • Shelter
  • Food
  • Educational expenses
  • Health care (circumstantially)

the Illinois Marriage and Dissolution of Marriage Act (IMDMA) makes special provisions regarding the education of children . For example, the court has the option of awarding payments that support a child through high school and college. However, child support doesn't necessarily cover extracurricular activities or clubs that could help a child enter college.Likewise, there is no provision stating that child support payments are intended to cover private school tuition.

...

Summer is a great season for families to vacation together. However, summer plans can get complicated after a divorce . this is particularly true for children who split their time between two households.

In 2016, Illinois replaced “child custody arrangements” with “parenting plans.” These are legal documents that list the rights and obligations each parent has regarding their children . One important aspect of a parenting plan is establishing a “ parenting time schedule.” In Illinois, these schedules can be flexible so long as both parents are in agreement. A family lawyer can help you develop or legally modify your parenting plan to benefit your relationship with your child.

A parenting time schedule should include the following:

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Posted on in Uncategorized

One important set of documents tends to be forgotten in themad scramble of divorce : your estate plan. this is comprised of several essential documents that protect your financial interests and personal medical choices in the event of an emergency. If your plan isn't updated, then your ex may still be designated as your executor and primary beneficiary.

Estate planning documents commonly include a:

  • Will
  • Revocable trust
  • Irrevocable trust
  • Advanced health care directive
  • Durable power of attorney for finances
  • Durable power of attorney for health care

Your Medical Care

Without an updated estate plan, your former spouse may legally have full control over your estate in the event of a medical emergency. The intent of a durable power of attorney for finances document is to grant an agent the authority to pay your bills, take care of your medical expenses, and manage your assets while you're incapacitated. this means your agent has full access to your financial accounts. Likewise, a durable power of attorney for health care authorizes your agent to make medical choices on your behalf - so long as he or she respects your advanced health care directive. Depending on your relationship with your ex, this may not go well.

...

iPhones are incredible technological devices that allow you to maintain social relationships and navigate the inconveniences of daily life. Your phone even has the ability to sync up to any other Apple product in your home, allowing you to consolidate information and easily keep your day-to-day appointments. So what role does your iPhone play in your divorce ?

Here are some phone-related divorce rules you may already know:

  1. Don't send cruel text messages to your ex (texts can be used against you!)
  2. Don't record your spouse with out their knowledge ( this is illegal!)
  3. Be patient when separating your shared cell phone plan ( this can be a long-drawn-out challenge!)

Many people don't consider how much access their spouse has to the irprivate information and personal data. A former spouse may be able to spy on their ex by accessing their phone or laptop. If you share an iCloud account or Apple ID with your spouse, they may have full access to all your appointments, photos, and emails with out you knowing - this includes emails to and from your legal team!

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