In domestic relations proceedings, imputing income is a term used to describe the process of assigning a certain amount of income to a parent or spouse for the purpose of calculating child support or maintenance.

Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the allocation of college expenses between parents and the child attending college. Specifically, this section outlines the factors that a court should consider when determining the allocation of college expenses, as well as the types of expenses that are eligible for reimbursement and allocation between the parties.

It is often discussed what happens when one parent is underpaying the amount of child support that they are ordered to. Although less common, there are occasions where one parent overpays the amount of child support that they are supposed to.

It is generally known that a parent will likely have to provide child support for minor children to their coparent. However, there is also the matter of determining expenses outside of the scope of child support that a parent will need to contribute to and the percentage of that contribution. 

Child support is a monetary amount owed by one parent to the other for the support of the parties’ shared minor child or children. Child support is set by looking at both parties’ incomes and the amount of overnights each party has with the minor child(ren).

Oftentimes during divorce or parentage matters, the issue of which parent will receive the tax exemption for the minor child becomes a contested issue. In determining this issue, there are two relevant sections of law to examine.

Maintenance, formerly known as alimony or spousal support, are funds paid by one party to the other either during a divorce proceeding or post judgment for the other party’s support.  Maintenance is awarded to a party after the court considers a variety of different factors.

During the pendency of divorce, people often wonder what rights or obligations they have in regard to health and life insurance. It is a common scenario that one spouse receives health insurance through their employer and the other spouse is included on the health insurance plan. When parties separate, a concern arises as to what the uninsured spouse will do for insurance, especially if they are not employed or not offered health benefits by an employer.

Dissipation is the spending of marital funds, for a purpose that is not for the benefit of the marriage, during the time period after the breakdown of the marriage and the finalization of a divorce.

The home that parties reside in during the course of the marriage is often referred to as the “marital residence”. The marital residence is a part of the marital estate and each party is entitled to an equitable division of marital property.

After the initiation of a parentage or divorce case, the typical next step is for each party to engage in the discovery process. The discovery process involves each individual turning over financial documents that show income, assets, and liabilities.

A Qualified Domestic Relations Order, or a QDRO, is a special court order that allocates the retirement benefits that a former spouse has earned through participation in a retirement plan.

The Law Office of Erin M. Wilson is here to ensure that you receive your fair share for the care and support of your children and yourself.

A common question many family law attorneys are asked is who will be responsible for the attorney fees in a divorce or custody case?