Roscich & Martel Law Firm, LLC

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214 1/2 S. Washington Street, Naperville, IL 60540
Recent blog posts

Posted on in Child Custody

DuPage County family law attorney, tax exemptionsApril 15 is looming and for the majority of Americans, that is the deadline to file yearly income taxes. One of the many issues that need to be decided in a child support and/or child custody case is which parent will be able to claim the dependent exemption on his or her tax return each year. Although this may seem like a fairly easy question to answer, it often becomes one of the most contentious factors in child custody negotiations.

 Tax Dependency Exemption and the Primary Residential Parent

Most parents who have the majority of parenting time (i.e. physical custody) often feel that they are the parent who should be able to claim the tax dependency exemption. On the other hand, parents who are not the primary residential parent feel they should be able to claim the dependent exemption due to the amount of money they are required to pay towards their child support obligations each month. However, it is up to the judge in each individual case to decide who gets the exemption.


Posted on in Divorce

DuPage County family law attorney, divorce and social securityWhile the overall divorce rate is down, the rate for older Americans remains high. In fact, according to national statistics, the divorce rate for adults over 50 doubled in a twenty year period, with one out of every four baby boomers getting divorced. A divorce later in life may avoid contentious issues such as child custody; however, it can wreak havoc on a couple’s retirement plans and deplete the financial nest egg saved for their golden years.

Couples who divorce later in life do not have the same opportunity to rebuild the retirement savings account that is divided up in a divorce. This is one reason why the poverty levels among unmarried baby boomers is five times higher than it is for married baby boomers.

Collecting on the Social Security Benefits of an Ex-Spouse


DuPage County family law attorney, parenting time transitionsOne of the most difficult things for children—and parents—to handle during divorce are the transition periods between parenting times, especially for young children. Your child is used to having both Mom and Dad in the same home together, sleeping in the same room every night, surrounded by the same toys and belongings. Suddenly, instead of the consistency of a daily routine, his or her little world is turned upside down and your child spends his or her time being shuffled between two homes, two routines, and two different sets of rules. However, there are steps parents can take to make that transition easier for everyone.

Prepare Children for the Parenting Time Transition

It is vital for a child’s adjustment to feel secure and to know exactly what to expect now that he or she is going to be leaving his or her home to go spend time at what will also be his or her home, with the other parent. Discuss the things your child may want to bring and assure your child that you will help him or her pack those things up. Explain what days your child will be going from one home to another. A suggestion that provides a good visual for young children to follow is to make a color-coded calendar for each home so the child can see when the transitions will take place and what days he or she will be at each home.


Posted on in Divorce

Naperville divorce attorney, preparing for divorceMost couples who end up getting divorced usually see it coming months—if not years—before the papers are actually filed. It is not an uncommon scenario for a husband and wife to stay together long after they both realize their marriage is over. For anyone who is in this situation, there are steps that should be taken before the divorce process begins in order to ensure there is an equitable division of assets and no surprises for either party during divorce negotiations.

Financial Documents

When contemplating divorce, the first step a person should take is to gather copies of all of the couple’s financial records, including:


Posted on in Divorce

b2ap3_thumbnail_divorce-predictors-Naperville.jpgThe use of a crystal ball to predict the future would be wonderful. Yet the reality is that none of us know what our future holds—the large percentage of married couples who end up divorced can attest to that. Couples do not plan their nuptials with the intention that their marriage will likely not end “happily ever after.” However, what if there was a way to predict whether or not you and your future spouse were going to have a fairy tale ending?

Multiple studies have been conducted to examine marriage and divorce, and several of those studies focused on trying to determine if there were predictors which could indicate if a married couple would eventually be headed for divorce court. Many of the predictors show up before a couple is even married. Hence, if you are planning to walk down the aisle with someone, you may want to consider the warning signs.


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