Ask any parent and they will tell you that a convenient benefit of having children is being able to claim them as a deduction on a tax return. Married parents receive a significant financial break when they file jointly and claim their child as a dependent. But after divorce, only one parent can claim a child every year on their taxes. So how do parents know which parent can claim a child? And is this a big enough issue to include in financial negotiations? 

Deal with Exemptions in Your Divorce Decree

Parents often forget to deal with taxes during the divorce process. However, parents who do not establish who will be claiming the child as a dependent may be setting themselves up for an unpleasant surprise if they both file. Unless parents specify who will claim the child as a dependent, the IRS considers the parent with whom the child resides for the majority of the year to be the parent who can claim the child. This may not be ideal for one or both parents.

Fortunately, spouses who proactively deal with this issue in their divorce decree can create an arrangement that makes sense for them. Parents can decide to switch off. For example, during even years, the mother claims the child; during odd years, the father makes the claim. Or, parents who have more than one child can divide the dependents so each parent claims one or two children. Divorcing spouses can make this conversation part of a broader financial arrangement that includes an agreement about marital asset division, spousal support, and child support. 

Divorce is always stressful, but it can be especially difficult when one spouse is deployed. Spouses of military members who wish to pursue divorce can still do so, but it is important to understand how military divorce is different. Here, we explore three things divorcing military members may want to consider before filing for divorce. 

Choosing a Venue

Usually, a person can only get divorced in the county where they live, but active service members often have several options when it comes to the location in which they get divorced. These may include: 

• The state where the military member is stationed 

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Many spouses find themselves at loggerheads during the asset division part of their divorce. The truth is that, no matter how well-intentioned they may be at the beginning of the process, spouses usually struggle to find a division of marital assets that feels fair. And it is not just couples who insist on fairness in their divorce; Illinois law requires assets to be divided equitably. 

Although frustration or anger during the asset division process may make spouses want to conceal assets from each other, doing so can carry serious consequences. If you are getting divorced and have considered hiding your assets, think again. Here are three major consequences that could be faced by someone who hides assets before or during a divorce. 

Contempt of Court and Perjury

If a spouse is in a deposition and lies about property ownership in front of a judge, the spouse can face several charges. Lying in court is called “perjury,” which is a punishable crime. A judge may also find the spouse to be in criminal contempt of court for impeding or obstructing the court, which in serious cases can result in criminal charges and a trial. If someone has been accused of hiding assets and they refuse to testify in court, they may also be held in contempt. Criminal convictions will be placed on a spouse’s criminal record. 

Parents in Illinois who have gotten divorced and created a parenting plan may later realize that they never reached an agreement or even discussed what to do if one parent wanted to travel out of the country with their child. International travel can be a great experience to share with a child, but before taking a child abroad, it is very important to address any legal issues or concerns from the child’s other parent. International travel may involve certain risks, and if a parent fears that such travel will have negative consequences, they may try to put a stop to it. If you are planning on traveling abroad with your child and want to know how to prepare yourself, the following information may be helpful to you.

Obtaining a Passport for Underage Children 

Whether a child’s parents are divorced or still married, an underage child must have both parents’ consent to apply for a passport if they are under the age of 16 (children who are 16 and 17 can apply for passports themselves). Unless parental responsibilities have been assigned to just one parent, both parents must be present during the passport application. If only one parent is responsible for the child, that parent must provide evidence proving that the other parent does not need to be present or give their consent. 

Getting Permission to Travel Abroad 

Even if parents do not share parenting time or parental responsibilities, the parent wishing to travel may still need to get written permission from the other parent before they leave the country. The other parent may want to deny permission for many reasons, including: 

Although spouses may get divorced with the hope that they will no longer have to deal with each other in the future, for many couples this is simply not true. Responsibilities towards children can require parents to interact together for many years, and spousal maintenance - formerly known as alimony - can do the same. Illinois law allows for several types of spousal maintenance, and how long spousal maintenance will last depends on the unique circumstances of a couple’s divorce. 

Types of Alimony in Illinois 

There are three primary kinds of spousal maintenance in Illinois: 

• Temporary or interim maintenance - Frequently awarded to homemakers who have no income of their own, temporary maintenance is ordered while a divorce is ongoing. Temporary maintenance can cover the cost of running a household and raising children, and can also include the cost of a spouse’s attorney. 

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