Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
A court will enter a child support order as part of the divorce process in Illinois, but it is important for both parents to understand how the law provides for enforcement of payment provisions. There are a number of protections in place intended to ensure that financial support never becomes a problem for a parent caring for a minor child. Moreover, there may be harsh consequences for someone who tries to shirk his or her responsibilities.
An Illinois child support lawyer can help you understand your rights and assist in enforcement efforts. Consult with a legal professional if you are facing challenges in dealing with your ex-spouse.
Illinois Income Withholding for Support Act
This law, which applies to all child support orders, requires payments to be automatically deducted from the payor’s income and forwarded to the recipient parent. The State Disbursement Unit (SDU) is the agency of the Illinois government which manages this garnishment process. Unless you have agreed otherwise with your ex-spouse and the court approves an alternative plan, child support enforcement is administered by the SDU.
It is common for engaged couples to make purchases before their wedding day, with the intent that the two will use these items when they are united in marriage. Often, soon-to-be spouses will invest in real estate or other high-ticket items. However, when the unfortunate happens and the once-happy couple decides to divorce, there are often questions regarding this property and how it will be equitably divided during the divorce process. The Illinois divorce statute speaks to exactly this situation, defining these items as purchases “in anticipation of marriage.” You should discuss the specifics of any items you bought as a couple before your wedding day, especially since there have been recent changes to Illinois divorce law that became effective in 2016.
Marital Versus Non-Marital Property
Purchases made in anticipation of marriage come into play in the context of marital and non-marital property. Before a court will make an equitable distribution of property to spouses, it is first necessary to establish the classification of all assets. Then, a judge can divide marital assets and make a ruling that respective spouses can keep non-marital property. Under Illinois law, the spouses may also agree on the classification of marital versus non-marital property.
Signs on CTA vehicles and other heavily trafficked areas around town are common. They may state, “Low Cost Divorce, Just $99 Flat Fee,” or other similar text. At first glance, a “low cost divorce” might seem like a good idea, especially if you and your spouse can agree on most factors involving your divorce. However, there is a lot of information these ads leave out, including hidden fees that make your total cost much higher than the $99 as advertised. As a warning about low cost divorce in Illinois, consider a few additional factors these firms will not tell you upfront.
Court Filing Fees Not Included
The fee you pay to a firm that handles low cost divorce is typically applied to the services provided. There are additional fees for filing the proper paperwork with the court clerk to initiate the dissolution of marriage proceedings. Depending on your circumstances, there may be other court costs which are not disclosed until after you have already started the process.
Under Illinois law, divorcing parents may present a mutually agreed plan for decision-making responsibilities and a schedule for parenting time regarding minor children. The statute encourages parents to agree by including a caveat if they cannot cooperate: The court will make decisions regarding parenting time, taking control out of the hands of a divorcing couple. Therefore, it is important to at least try to come to an agreement on parenting time in the plan you submit to the court as part of the divorce process. An Illinois divorce lawyer can assist you in covering the primary factors to consider for allocation of parenting time.
Activities Scheduling
During the school year, there is more regularity in activities, but your parenting time should take all contingencies into account. You will need to consider how to handle plans if one parent must travel for work or has a variable schedule, such as healthcare workers, law enforcement, and others that may be called into work unexpectedly.
Children are impacted by a divorce just as much as their parents, but their situation is also unique due to their age. Minors cannot represent themselves in court and are often too young to understand their own best interests, which is the paramount factor in determining parental responsibility allocation. In a contested case or under other circumstances, a judge may decide to appoint an advocate for the child. Under Illinois law, the court has three options:
Each of these positions carries its own powers and capabilities, so it is important to understand the role of the guardian ad litem if one has been appointed for minor children in your divorce.
Guardian Ad Litem (GAL) Defined
The GAL is a court-appointed official who acts as the “eyes and ears of the court” in different matters involving children, including divorce. A judge cannot observe children in their own environment, going about their daily routine, which is instrumental in making a parental responsibility determination that aligns with the best interests of a minor child. The GAL is appointed to conduct this type of investigation and report back to the court on what he or she discovers.
Absent an agreement of divorcing parties regarding their assets, a court will make an equitable distribution of property to each spouse as part of the dissolution of marriage process in Illinois. However, before dividing up the items, it is necessary to establish which assets are considered “marital” and “non-martial” under state law. While the distinction may be clear-cut for certain assets, the line between the two types of property may not be as obvious for others. There are rules that establish the difference between marital and non-marital property in Illinois, so discuss your specific circumstances with an attorney that has experience in property divisions in Illinois divorces.
Assets Included in Marital Property
The general rule is that all property acquired by spouses during their marriage is considered marital property. Hence, the property will be equitably divided throughout the divorce process. A court does not look to actual title and name associated with an asset in determining whether it qualifies as marital property. Typically, any item you come by during marriage will be included in marital property, including:
The Illinois Marriage and Dissolution of Marriage Act defines the allocation of parental responsibilities when parents of minor children divorce, stating that it includes both parenting time and decision-making regarding the child. The law covers various aspects of raising a child, like choices involving education, healthcare, and religion. The Illinois Marriage and Dissolution of Marriage Act also refers to extracurricular activities, which might be obvious interests and pastimes the child enjoys. However, many parents overlook the importance of online activities in a child’s life—which should certainly be considered alongside sports, camp, music lessons, and other pursuits.
When working on the parenting plan that is required by law, talk with your divorce lawyer about online activities as part of parental responsibilities in Illinois.
Time Spent Online Per Day or Week
There are several matters that a court will determine during the divorce process in Illinois, and spousal maintenance is among the top issues that a judge will decide. The term spousal maintenance refers to the financial support that one ex-spouse pays to the other, commonly known as “alimony.”
The first consideration that a court will review is whether spousal maintenance is appropriate under the circumstances; Illinois law lists a number of different factors to weigh, including income, earning capacity, property, and duration of the marriage.
One point that is often hotly contested is when one spouse’s role is focused primarily on domestic duties during the marriage. Two factors under the Illinois divorce statute speak to exactly this type of situation.
“Homemaker” Contribution
Statutory law requires a court to look at whether one spouse sacrificed his or her career opportunities in favor of staying at home to focus on maintaining the household and/or raising children. There are a couple of rationales to support the homemaker contribution:
Congratulations are in order if you have decided to move forward with adoption, but there is also a lot to do to get ready for your new member of the family. From initial legal considerations to making the child feel welcome on arrival, you want to make sure things runs smoothly through every step of the process. While every family’s situation is unique, you can set the stage for success by following a few tips on preparing for your Illinois adoption.
Consult with Your Family
The decision to adopt a child will impact the entire household, so it is important to discuss the situation with your family. Even if you and your partner—or you alone—have embraced the idea, minor and adult children should be given the chance to weigh in on adoption. You need to answer their questions and address their concerns if you want to ensure a smooth transition.
Do Your Research
As the relationship between a couple starts to fall apart and divorce appears to be imminent, one spouse may be tempted to hide assets and income to avoid distribution with the other spouse in a disposition of marital property. Alternatively, one spouse may conceal property in order to have it excluded when a court determines child support or spousal maintenance.
Whatever the motivation, the practice of hiding assets is unlawful in Illinois and there are consequences. However, you may wonder how it is even possible to recover property when your spouse has gone to great lengths to conceal relevant information. Fortunately, there are strategies for addressing these challenges and ensuring an equitable property division in divorce.
Discovery
Parties to a civil lawsuit or criminal lawsuit go through the discovery process to find out certain information from the other side, and many of the procedural rules apply in a divorce case. There are tools attorneys generally use to obtain details from the opposition, and they are available if you want to find out more about what your spouse may be hiding.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
