Maurizio & Sharpe Attorneys at Law Marion Family Law Attorneys | Divorce and Child Support 2026-05-21T09:16:53Z https://www.mauriziolaw.com/feed/atom/ WordPress On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[Can Illinois parents split child tax benefits?]]> https://www.mauriziolaw.com/?p=46760 2026-05-21T09:16:53Z 2026-05-21T09:10:14Z or separation in Illinois often leads you to focus on parenting time, child support and school routines. Even so, tax benefits tied to your children may also affect your financial situation each year. When parenting agreements do not clearly address these issues, tax related questions can sometimes lead to conflict.

Identifying which tax benefits may apply to your child

Illinois courts may consider tax related issues during family law cases, especially when you share parenting responsibilities. At the same time, federal and state tax rules often guide who may claim certain benefits. Several tax benefits may apply when you have children. These benefits may reduce your tax bill or increase your refund, depending on your situation.  Common examples include:
  • The federal child tax credit, which may reduce your federal tax bill for qualifying children under certain age limits
  • The dependent care credit, which may help offset childcare costs required for work
  • The head of household filing status, which may provide a higher standard deduction and more favorable tax rates compared to filing as single
  • The Illinois child tax credit, which may apply if you qualify for the Illinois earned income tax credit
In many cases, only one parent may claim certain benefits in a tax year. As a result, disagreements may arise when both parents believe they should claim the same child.

Understanding how parents may alternate tax claims

Some parenting agreements in Illinois include arrangements that alternate tax benefits between parents. For example, you might agree that one parent claims the federal child tax credit in even numbered years while the other parent claims it in odd numbered years. In some situations, agreements may also assign different children to each parent for tax purposes. Even so, federal tax rules limit how certain benefits can be shared. Under federal law, only the custodial parent generally holds the right to claim the federal child tax credit unless that parent signs Internal Revenue Service Form 8332 to release the claim for a specific year. Illinois family law courts often consider these federal rules when reviewing agreements under the Illinois Marriage and Dissolution of Marriage Act. Some benefits, such as head of household filing status and certain credits tied to allocation of parental responsibilities, usually depend on where the child lives for most of the year and parents may not divide or transfer them.

How Illinois courts may review tax disputes

When tax related disagreements arise, Illinois courts may review several factors. These often include each parent’s income, parenting time schedules, child support obligations and the financial impact on the child. Courts may aim to support arrangements that help maintain stability for the child and reflect each family’s financial situation, as allowed under Illinois law.

Why clear parenting agreements matter

Clear parenting agreements may help reduce confusion about tax claims in future years. These agreements can become especially important when income changes, parenting schedules shift or new tax rules apply. While each situation is different, discussing tax expectations during the child support plan process may help you avoid misunderstandings and better understand how child related tax benefits may affect your household finances over time.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[Co-parenting after a contentious divorce: Two tips for success]]> https://www.mauriziolaw.com/?p=46757 2026-04-23T17:53:13Z 2026-04-23T17:53:13Z after a contentious divorce can feel like stepping into unfamiliar territory with a map that keeps changing. You may still carry frustration, grief or distrust — yet school drop-offs, medical decisions, holidays and daily routines keep moving forward. When conflict lingers, it is easy to slip into patterns that escalate tension and place children in the middle, even when everyone intends to do their best to make it work. The following will give tips to co-parent effectively even when the relationship between adults remains strained. Whether newly separated or years into post-divorce life, it is possible to build a workable co-parenting system that protects the child and helps both parents move forward with greater confidence and clarity.

Tip 1: Structure can help reduce friction

A well-structured parenting plan reduces friction because it turns recurring, emotional decisions into clear, repeatable routines. Tips to build a lower-friction plan can include:
  • Define the regular schedule precisely (days, start/end times, pick-up/drop-off location).
  • Include a clear holiday and school-break schedule that overrides the regular routine.
  • Set a simple process for schedule changes (notice period, acceptable reasons, how to confirm in writing).
  • Specify communication channels and expectations (app/text/email, response windows, child-related topics only).
  • Create exchange logistics that reduce contact if needed (neutral locations, curbside handoffs, punctuality rules).
  • Clarify decision-making roles (medical, education, extracurriculars) and how you will resolve disagreements.
  • Add a plan for illnesses, missed time, and make-up parenting time to avoid case-by-case arguments.
  • Keep language concrete and measurable; avoid vague terms like “reasonable” without defining them.
  • Build in a review cadence (e.g., every 6–12 months) so the plan evolves without escalating conflict.
When drafting or modifying an arrangement, parents should actively aim for clarity over ambiguity: anticipate common frustrations, write practical procedures and choose rules that work in real life. Treat the plan like a shared operating manual — specific enough to provide guidance on tough days, flexible enough to handle normal life.

Tip #2: Communicate like a professional, not a former spouse

Think of each interaction as something a judge could read. Use brief statements, dates, times and locations. When conflict escalates, pause. Draft. Wait. Re-read for tone. Send only what advances the child’s needs. These are just a few tips to help increase the odds of a successful coparenting relationship after a contentious divorce. Contentious divorces leave scars but co-parenting can still succeed. Use of structure and a professional approach to the role of coparenting can help set the tone. ]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[When grandparents can seek parenting time in Illinois]]> https://www.mauriziolaw.com/?p=46752 2026-03-25T10:22:45Z 2026-03-25T10:22:45Z Grandparents may lose contact with a grandchild after major family changes. Illinois law allows limited paths to request parenting time but the standard is strict.

When the law allows a petition

Under Illinois law, you can only ask a court for visitation after a specific event occurs. These “triggering” conditions come from the Illinois Marriage and Dissolution of Marriage Act. You may have standing to file if one of the following applies:
  • Parents are deceased or missing: The absence must last at least 90 days.
  • Parent is incarcerated or incompetent: A court finding or 90+ day incarceration is required.
  • Parents are divorced or separated: At least one parent does not object.
  • Parents were never married: They are not living together and parentage is established.
Meeting one condition allows you to file but it does not guarantee visitation. The court moves to a deeper analysis.

The best interests and harm standard

Illinois courts focus on the child, not the grandparent. You must prove that denying visitation harms the child’s mental, physical or emotional health. This is a high burden. The law assumes a fit parent makes the right decision. You must present evidence strong enough to overcome that presumption. Courts may review several factors:
  • Child’s well-being: Emotional and physical health status.
  • Existing relationship: Length and quality of prior contact.
  • Child’s preference: If the child can express a reasoned view.
  • Family dynamics: Reasons for denial and potential conflict.
These factors help determine whether visitation supports the child’s stability.

Why courts are cautious

Courts rarely override a parent’s decision without clear proof of harm. This approach reflects constitutional protections for parental rights. In practice, this means prior involvement matters. A strong, ongoing relationship that was suddenly cut off may carry more weight than a limited or distant connection.

Related issue: custody vs. visitation

Visitation is not the same as custody. Custody, called “parental responsibilities,” usually stays with parents. Grandparents may only seek custody if parents are unfit, unwilling or unable to care for the child.

Why legal guidance matters

Grandparent visitation cases involve strict legal standards and detailed evidence requirements. Small facts about your relationship with the child or the family situation may influence the outcome. An attorney can help you assess whether you meet the legal threshold, prepare evidence and understand how judges evaluate harm and best interests.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[What determines the majority of parenting time in Illinois?]]> https://www.mauriziolaw.com/?p=46751 2026-02-16T03:56:52Z 2026-02-16T03:56:52Z When you separate from your child’s other parent, you may worry about how much time you will receive. Illinois courts focus on your child’s best interests rather than on creating an automatic 50/50 schedule.

The best interests standard controls

Under 750 ILCS 5/602.7, courts must allocate parenting time based on your child’s best interests. The statute lists 17 factors that guide how a judge may divide time between parents. You should expect the court to review your child’s daily life, your past involvement and each parent’s ability to meet ongoing needs. No single factor guarantees majority parenting time.

Factors that may influence majority parenting time

Judges often focus on patterns of caregiving and each parent’s willingness to support the child’s relationship with the other parent. Common considerations include:
  • Primary caretaker role: The caretaking functions you performed in the 24 months before the case was filed.
  • Cooperation and civility: Your ability to encourage a close and continuing relationship with the other parent.
  • Child’s adjustment: How well your child is settled at home, in school and in the community.
  • Health and safety: Any history of abuse, threats or serious physical or mental health concerns.
  • Child’s wishes: Your child’s preference if they are mature enough to express a reasoned view.
  • Logistical factors: The distance between homes and how transportation affects your child’s schedule.
Together, these factors help the court decide whether one parent may receive a majority of parenting time or whether a more equal schedule may serve the child’s needs. Illinois law encourages both parents to remain active in their child’s life. At the same time, the court may limit or structure parenting time if safety or stability is in question.

Why these decisions carry long-term impact

Parenting time orders shape your child’s routine, school stability and emotional support system. A schedule that reflects consistent caregiving and respectful co-parenting may reduce conflict and support healthy development. If you seek majority parenting time, you must present clear evidence of your involvement and your ability to meet your child’s needs. The court will evaluate conduct, communication and credibility. Even small details about daily care can influence the outcome.

More options you can exercise

Parenting time decisions depend on specific facts and careful application of Illinois law. An experienced attorney can review your circumstances, explain how courts apply the statutory factors and help you prepare for negotiation or litigation.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[What counts as parental relocation under Illinois law]]> https://www.mauriziolaw.com/?p=46749 2026-01-15T13:37:36Z 2026-01-15T13:37:36Z Statutory distance thresholds that define relocation in Illinois Illinois law defines relocation by mileage from your child’s current primary residence. In Cook, DuPage, Kane, Lake, McHenry and Will counties, relocation may apply when you move more than 25 miles within Illinois. In any other Illinois county, relocation may apply when you move more than 50 miles within Illinois. An out-of-state move may also count as relocation when the new home sits more than 25 miles from the child’s Illinois primary residence. Distance can drive the definition, even when your reason for moving seems practical.

Parenting order requirements that trigger relocation rules

Relocation rules can apply when you already have a court order that allocates parenting time. You may fall under the statute if you have most parenting time or if you split parenting time equally. Courts may focus on your current allocation, not your future plan, when they evaluate whether the process applies to you.

Notice and approval steps tied to a qualifying relocation

When your move meets the relocation definition, you may need to take the following steps:
  • Give written notice at least 60 days before the move, or as soon as practical
  • Include the planned move date, your new address if you know it and whether the move may last for a limited time
  • File the notice with the court and seek court approval if the other parent does not sign
Together, these steps may shape whether your move proceeds with agreement or requires court review.

Assessing relocation implications under Illinois law

In Illinois, parental relocation can depend on mileage, your existing parenting order and the notice process. If your move crosses a distance threshold, you may need written notice and possibly court involvement. A quick check of these points may help you spot relocation issues early.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[My ex is posting our kids on social media without my consent; what do I do?]]> https://www.mauriziolaw.com/?p=46747 2025-12-17T12:32:13Z 2025-12-17T12:32:13Z child custody options to address this issue.

Steps you can take right now

You have some immediate actions available before involving the court. Consider these practical measures first:
  • Document the posts: Take screenshots of every photo your ex shares and save them with dates and timestamps for your records.
  • Send a written request: Email or text your ex asking them to remove the photos and explain your specific concerns about privacy or safety.
  • Review your parenting plan: Check whether your current agreement includes any provisions about social media use or sharing images of your children.
  • Keep communication child-focused: Frame your concerns around your child's wellbeing rather than personal disagreements with your ex.
These initial steps may resolve the issue without legal intervention.

Legal options in Illinois

If your ex ignores your requests, Illinois courts can help address the problem. You can petition the court to modify your parenting plan to include specific restrictions on posting photos of your children. The court may prohibit sharing images that include identifying information such as school names, uniforms or locations. Some judges have ordered parents to limit posts to private accounts or require mutual consent before sharing photos. If your existing parenting agreement already restricts social media posts, you might file a petition for rule to show cause regarding the violation. Courts in Illinois often prioritize children's privacy and safety in these disputes. An experienced family law attorney can help you document the issue properly and pursue an effective legal remedy.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[5 things to know about child custody and parental responsibility]]> https://www.mauriziolaw.com/?p=46746 2025-11-27T07:10:01Z 2025-11-27T07:10:01Z Working through child custody issues can stir up a wide range of emotions. Even when both parents mean well, the sudden changes in routines, questions about the future and pressure to make the “right” decisions can create a level of stress for everyone involved. Understanding how parental responsibilities work and what the process expects of you can help you manage the process better. Here are five key points to keep in mind.

1. Courts focus on your child’s best interests

Every state uses a best-interests standard to guide custody decisions. Judges look at each parent’s ability to provide stability, meet daily needs and support a healthy relationship with the other parent. A child’s age, school life and emotional health also play a role. When you understand what the court considers important, you can approach the process with a more informed perspective.

2. Parenting time and decision-making are separate

Custody involves more than where your child spends time. Parents also divide the authority to make decisions about education, health care and activities. Some families share these responsibilities, while others assign certain areas to one parent. Knowing how these pieces fit together helps you think about what arrangement best supports your child.

3. Cooperation can shape your parenting plan

Parents who can communicate effectively often create parenting plans that fit their schedules, values and expectations. A cooperative approach can reduce conflict and give both parents greater control over the final agreement. Even when some issues remain unresolved, demonstrating a willingness to collaborate can strengthen your position.

4. Major changes may require a modification

Life rarely stays the same after a custody order is issued. A parent may relocate, take on new work hours or realize the current plan no longer meets the child’s needs. Most states allow parents to seek a modification when circumstances shift in a significant way. Addressing concerns early can prevent unnecessary tension.

5. Documentation can support your case

Keeping organized records of communication, schedules and important events can help you stay prepared. These details may become valuable if disagreements arise or if the court asks for supporting information. Together, these points offer a more grounded understanding of what to expect as you move through the custody process.

Finding steadiness as you plan the road ahead

Child custody decisions often come during an already stressful time, which can make even simple choices feel overwhelming. A family law attorney can help you make sense of your options and move ahead with more reassurance. For guidance tailored to your situation, consider reaching out for legal support.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[Who gets the kids for the holidays?]]> https://www.mauriziolaw.com/?p=46745 2025-10-22T19:44:47Z 2025-10-22T19:44:47Z the fall colors fade and we ease into preparations for winter, we are probably starting to make plans for upcoming holiday celebrations. These celebrations are often rooted in generations of family traditions and are gatherings that we hope to share with our children. Although making it all come together for the holidays is difficult for every family, this is particularly true for divorced parents. Questions like when can we celebrate, can we travel, and will it be the same are common. When looking for answers, it is important to review the parenting plan for guidance. 

Review the parenting plan

The first step in planning for the holidays is to review the parenting plan. This document, often part of the divorce decree, likely outlines the agreed-upon schedule for holidays and special occasions. Familiarize yourself with its terms to avoid conflicts and misunderstandings.
  • Check the holiday schedule: Most parenting plans include a specific holiday schedule that alternates years or divides holidays between parents. Review this schedule to understand your designated holidays.
  • Consider any modifications: If circumstances have changed since making the agreement, consider whether modifications are necessary. This might involve negotiating with the other parent or seeking a legal modification through the court.
By thoroughly reviewing the allocation of parental responsibilities, parents can ensure they are prepared for the holiday season and avoid potential disputes.

Plan accordingly for a smooth holiday season

Once you have reviewed the legal documents, it is time to plan accordingly. Effective communication and cooperation between parents can help to better ensure a positive and joyful experience for the children.
  • Communicate early and often: Reach out to the other parent well in advance to confirm holiday plans. This helps prevent last-minute surprises and allows for any necessary adjustments.
  • Be flexible and considerate: While the legal agreement provides a framework, being flexible and considerate of the other parent's needs can foster a more harmonious relationship. 
By planning ahead and maintaining open lines of communication, parents can create a positive holiday experience for their children, minimizing stress and conflict. The holiday season should be a time of joy and togetherness. By reviewing the allocation of parental responsibilities and planning accordingly, parents can better ensure that the holidays are a time of celebration rather than contention. Legal agreements provide a foundation, but cooperation and flexibility play an important role in navigating the complexities of shared parenting during the holidays. With careful planning and communication, divorced parents can create lasting, positive memories for their children.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[Same-sex couple adoption in Illinois: Key legal insights]]> https://www.mauriziolaw.com/?p=46744 2025-09-22T13:32:13Z 2025-09-22T13:32:13Z Understanding your legal options Same-sex couples typically pursue adoption through one of the following paths:
  • Joint adoption as a married couple
  • Second-parent adoption for unmarried partners
  • Step-parent adoption when one spouse is already the legal parent
  • Agency or private adoption from licensed providers or independent sources
  • Adoption through foster care after completing DCFS requirements
Each route comes with its own legal steps, eligibility requirements and potential waiting periods. If adopting a child born through assisted reproduction, a second-parent or confirmatory adoption may still be required, even when both names are on the birth certificate.

Documentation and background checks

The Illinois adoption process requires several key documents:
  • A completed home study
  • Background checks and fingerprinting
  • Proof of income and residence
  • Marriage or domestic partnership documentation, if applicable
Courts will assess the stability of the household, ability to meet the child’s needs and the genuine intent to parent jointly.

Addressing common obstacles

Same-sex couples sometimes face subtle challenges during the adoption process, even when laws offer equal rights. These can include:
  • Agencies with internal policies that favor traditional families
  • Judges with differing interpretations of family law statutes
  • Requests for additional documentation not typically required in heterosexual cases
Do not assume equal legal parentage without a court order especially in cases involving surrogacy or donor conception. A confirmatory adoption is the most secure way to protect parental rights in Illinois.

Preparing for court proceedings

Adoption hearings in Illinois are generally straightforward, but preparation is crucial. You may be asked to:
  • Testify about your relationship and parenting goals
  • Provide documentation of your daily involvement with the child
  • Show the child's integration into your household
A final decree will establish the full legal relationship, securing inheritance rights and ensuring recognition across state lines.

Secure your family's future

Same-sex adoption in Illinois is fully legal, but that does not always mean the path is simple. A clear understanding of your options, potential challenges and legal safeguards will help ensure your family’s future is protected and legally recognized. Always stay proactive, informed and prepared for every step.]]> On Behalf of Maurizio & Sharpe Attorneys at Law <![CDATA[How to update a child support order in Illinois]]> https://www.mauriziolaw.com/?p=46742 2025-09-03T13:14:21Z 2025-09-03T13:14:21Z When can I request a modification? Either parent or legal guardian who experiences a substantial change in their job or family’s circumstances can file for an adjustment to their child support costs. Seven common reasons include:
  • When one parent receives a promotion in their job
  • When one parent gets a pay cut
  • When one parent is laid off from their job
  • When one parent becomes disabled
  • When there is a change in custody order
  • When there is an addition to either parent’s family
  • When there are higher expenses relating to the child’s medical or educational needs
However, it is important to note that you will need to include proof of your recent change of circumstances for it to be eligible for review and modification.

How can I submit my request for modification?

There are two ways to file your request for child support modification. The first method involves submitting a petition to the circuit court where your original child support order was issued. Your document must include valid reasons for the change, as well as supporting evidence relevant to your request. Some common examples include tax returns, recent pay stubs or proof of unemployment. The second method can be accomplished online through the state’s ‘Easy Form’ program. The form will take around 20 to 30 minutes to complete and asks a series of questions that you will need to fill up and answer. Upon completion, you will receive a copy of the court forms with instructions on the next steps.

Do I need a lawyer?

Although requesting for a child support modification does not mandate legal representation, a family law attorney can help provide you with valuable guidance to the process. They can verify if your documents have been filled out correctly and let you know if you are missing any supporting evidence. They can also help strengthen your case by executing a tailored plan for your situation. By understanding how Illinois’ child support modifications work, you can proceed with the process with confidence and adjust to your recent change of circumstances with better flexibility.]]>