James & Assoc

Information may not be reliable

James & Associates Divorce Law for:Father's Rights, Business Owners & Executives. Also, Military members regarding issues of parentage, lack of notice or jurisdiction, State Court default orders, Being ordered to pay child support for a child that is not yours, being served by a State Court when you are Overseas, Being defaulted by a State Court while Overseas.

By Appointment Only - Telephone Appointments Available With Advanced Retainer. Upon receipt of retainer a client data sheet will be faxed or e-mailed to the client. Client advice tailored to Illinois divorce law, Federal law (ie ERISA, QDROS,military pensions etc. as relates to the divorce process)or Federal Tax law (ie as affects the divorce process). Cases taken throughout Illinois: trials, post-trial motions and appeals. All retentions must comply with the Illinois Rules of Professional Conduct.

Marriages of long duration (ie ten or more years) have serious consequences in the area of divorce. This is especially true in the areas of property division due to the complications of pensions, self-employment, family owned businesses or long term service (ie Military or Private Sector pensions). It is critcal that the payor (ie usually the husband) be properly advised as to the consequences of divorce. Mr. James, due to his background in law, financial matters, taxation and prior military background as a Judge Advocate (ie military pensions) brings unique qualifications to assisting you in your divorce proceedings. Similarly, people who have been through divorce and are contemplating marriage again need to be cautious in properly protecting their assets from the fortuity of divorce (ie pre-nuptials).

Pensions: The needs of a party in looking at pension issues varies greatly upon whether they are the pension participant or non-participant. Military retirees should review the Due Process and Jurisdiction points below. Participants seek to protect the value of their pension whereas non-participantes seek a division (ie by QDRO or by their: non-ERISA/REA equivalent, if available) or valuation for purposes of offset. The issues, problems and strategies in regard to pensions are unique and they vary greatly from plan to plan. Pension analysis is very complicated in the context of divorce. Additionally, military pensions, civil services pensions, state and local pensions, as distinquished from pensions falling under ERISA and the Retirement Equity Act, have unique rules that at times create conflicting and difficult choices. Mr. James is available to consult on the unique problems of pension analysis and how to protect or divide such a pension.
Self-employment and family owned businesses present unique problems in the area of divorce due to problems of valuation, business growth, taxation, division and the financing of an "equitable distribution" that does not bankrupt the business/payor. Additionally, upon the contemplation of remarriage, mixed family scenarios present complicated facts for planning the succession of the business as well as protecting loved ones. Such problems are understood by Mr. James due to his training as an attorney as well as a certified public accountant. Sometimes pre-nuptial agreements are helpful but often times trusts and other arrangements are necessary to effect a client's wishes.
Support: This is an often misunderstood area from a financial standpoint. Payors often perceive this as something to be avoided and Recipients are seeking to enhance the result. A middle road can be constructed which allows for full deductability to the Payor while enhancing the Recipient's position at an overall lower after tax cost to the Payor. Unallocated family support, when done in compliance with Federal Tax law, allows for the deductability of all the family support paid. Unallocated support combines the issues of maintenance and child support as a "unallocated" periodic amount. The key is understanding and accomplishing a properly planned payment of "unallocated support" under the Internal Revenue Code & Treasury Regulations. This must be set in place before a final judgment of divorce is entered and should be planned prior to the initial temporary order on support as it requires a written order from a court of competent jurisdiction. Mr. James is available to consult on this issue. Given the long term implications of support, the statutory responsibility for educational expenses (unique to Illinois), the increased prevalence of joint custody and the intricacy of the tax code on this issue, care must be taken to properly effect this aspect of a case.
Due Process and Jurisdiction: This is a complicated issue which depends on the constitutional concept of "minimal contacts" with the forum state. For a military member it also involves issues of the Soldiers and Sailors Civil Relief Act. If a default order was entered against you in a case for which you were never personally served you have defenses. Military members in particular can fall prey to fraudulent support orders from aquaintances or even strangers because many State Courts will simply default the military member if they fail to show up in Court - in the event this has happened to you from a State in which you have no contacts you have defenses (even if the judgment is old it can at times be set aside). If you are currently being sued in a paternity action but have no contacts with the State from which the litigation arises you have defenses. Do not let a default order simply be entered and make sure, if you have no contacts with the State, that you hire an attorney that understands the implications of a special and limited appearance as well as the Soldiers and Sailors Civil Relief Act. Finally, if as a military member or retiree you have had or about to have lititgation regarding your military pension, if you have no minimum contacts with the State at issue, you need to preserve and defend your due process rights based on a lack of minimum contacts and under the Uniformed Services Former Spouses Protection Act (USFSPA). Under the USFSPA, to enforce orders dividing retired pay as property, the state court must have had jurisdiction over the member by reason of, (1) the member's residence in the territorial jurisdiction of the court (other than because of his military assignment), (2) the member's domicile in the territorial jurisdiction of the court, or (3) the member's consent to the jurisdiction of the court, as indicated by the member's taking some affirmative action in the legal proceeding (ie simply put, avoid those three issues and defend based on minimum contacts, see also my website at http://www.illinoismensrightsdivorcelawyer.com/). If you are confused, hire an attorney who can explain the issues. The cost of raising some one else's child over an eighteen year period will exceed over $250,000. The cost of splitting or losing part or all of your pension is similarly very expensive. Not protecting your due process rights can be one of the most expensive decisions you will ever make. The facts of every case vary but this office has assisted on these matters successfully for military members unfairly sued for issues of paternity or on military pensions from States in which the military member has no constitutional contacts.