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How to Handle Internal Revenue Service Audits, Income Tax Adjustments After a Judgment of Dissolution of Marriage

The tax system is a matter of self-assessment. That means that each individual, required to file an income tax return, barring any disability, is in a position to self-assess themselves and file their own individual income tax returns.

With respect to any judgment of dissolution of marriage, there should be provision to handle the foreseen and the unforeseen in regards income tax adjustments after the judgement of dissolution of marriage is entered, with respect to years that pre-date the year the judgment of dissolution of marriage was entered.

Because of tax audits or for other reasons, there could be tax refunds due, or there could be taxes and additions owed. A well-drafted marital settlement agreement and/or judgment of dissolution of marriage should cover these contingencies including, but not limited to, making provision for which party receives what portion of any income tax refund, which party is responsible for paying what portion of any income taxes and additions that may be owned, and which party is responsible for professional fees or expenses that may be incurred. Further, there should be provisions that require the parties to communicate timely, and to act in good faith in attempting to resolve any tax issues that may arise after the divorce, including relating to years that preceded the date of the divorce.

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In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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