Free Consultations
630-581-2877
2100 Manchester Road, Building B, Suite 1050, Wheaton, IL 60187
205 1/2 West State Street, Suite C, Geneva, IL 60134
Recent Blog Posts
Legal Options When a Parent Refuses to Pay Child Support
In Illinois, just like every state in the country, there are laws that say that each parent has a duty of support owed to their child. This duty extends to providing for the "reasonable and necessary physical, mental and emotional health needs of the child." The Illinois statute defines a child as one who is under 18 years of age and any child 19 years or younger who is still attending high school.
When a marriage, civil union, or relationship ends, or paternity has been established, the court has the authority to order one parent to pay the other parent child support. Which parent pays child support depends on how the allocation of parental responsibilities and parenting time is established (formerly referred to as child custody). Unfortunately, not all parents adhere to these child support orders and either fail to pay according to the ordered payment schedule or refuse to pay any support at all.
In these circumstances, what are the legal options for the parent who is not receiving child support payments?
Can I Appeal the Court’s Decision Regarding My Illinois Divorce?
When a divorcing couple cannot reach an agreement about property distribution, child custody, spousal maintenance, or other divorce terms, the case may go to trial. During a divorce trial, each side presents arguments and evidence that support their claims. The court considers each party’s arguments, examines the evidence, and then hands down a decision about the unresolved issues. If you have received a ruling from an Illinois court regarding your divorce that you disagree with, you may be able to appeal the court’s decision.
What Are the Grounds for Appealing a Divorce in Illinois?
You cannot successfully appeal a court’s decision simply because you do not agree with the court’s finding. If you believe that the judge was wrong, you will need to show grounds or reasons that justify an appeal. A successful appeal is possible when a court’s ruling is based on mistaken or false information. For example, if the information used by the judge when making the decision was incomplete or inaccurate, you may be able to appeal the decision. Procedural mistakes or an incorrect application of Illinois law may also justify an appeal.
When Does it Make Sense to Go to Trial During an Illinois Divorce?
Before a divorce is finalized, the terms of the divorce must be established. Depending on your situation, you may need to address the allocation of parental responsibilities and parenting time, the division of property and debt, possession of the marital home, spousal maintenance, and more. Spouses are encouraged to reach an agreement about these issues outside of court. You and your spouse may be able to negotiate a settlement with help from your lawyers or through an alternative resolution method. However, some divorce cases simply cannot be resolved outside of court and the case goes to trial.
When a Spouse Refuses to Be Reasonable
You deserve to have a divorce settlement that is "equitable" or fair. While most divorcing spouses aim to avoid litigation, this is not always possible. If your soon-to-be-ex refuses to cooperate or insists on unreasonable terms, you may not be able to reach an agreement without giving up your right to a fair outcome. Unfortunately, some divorcing spouses will do whatever they can to make the divorce process as difficult on the other spouse as possible. They may insist on terms that they know are unfair just to draw out discussions and settlement negotiations. In cases like these, taking your case to trial may be the best way to ensure that your right to a fair divorce settlement is protected.
How Can COVID-19 Impact Parenting Time in Illinois Divorces?
The coronavirus pandemic has affected everyone’s life over the past year, albeit in different ways. Although vaccines have started being distributed, there are still restrictions in place, including here in Illinois. Stores, restaurants, and bars are limited to the number of patrons they can have indoors. As a result, many employees in the service industry are working at reduced hours or may even still be furloughed. Those individuals who work in office buildings are likely still performing their jobs remotely from home and utilizing video conferencing technology in place of in-person meetings. Likewise, the majority of students are in a virtual or hybrid learning environment. The consequences of COVID-19 may also be impacting parenting time arrangements for divorced couples. As a parent, it can be challenging to co-parent with your ex-spouse regarding any child-related matter during these uncertain times. Therefore, it is important to work together and understand when a parenting time schedule may need changing in order to maintain your children’s health and well-being.
What Are the Benefits of Divorce Mediation in Illinois?
Even though marriage is meant to be a permanent partnership between spouses, the unfortunate reality is that many marriages do not last. In some cases, disagreements about finances, children, or other issues can lead to the breakdown of a relationship, while in others, a couple may simply grow apart and find that they would be happier apart than together. When spouses choose to end their marriage through divorce, they have a number of options for resolving the various legal, financial, and personal issues that must be addressed as they separate their lives from each other. While litigation in court may be used to resolve disputes, in many cases, it is preferable to find less combative ways to address divorce-related concerns. Mediation is one of the best ways for couples to reach a divorce settlement, and it can provide a variety of benefits for both parties, as well as their children and others who are involved in their lives.
Do I Need to Be Separated Before Filing for Divorce in Illinois?
If you and your spouse are considering filing for divorce, it is unlikely a rash decision. Most couples will notice their relationship falling apart for months, or even years, before bringing up the idea of divorce. Couples will then typically live apart, also known as separation, for a period of time before deciding that divorce is the proper next step. Living separately for an extended period of time can be a good idea before filing for divorce, and some couples may choose to become legally separated as well. This will allow both you and your spouse to fully consider your options and truly understand what life would be like without your spouse. But what about those who cannot financially afford to move out on their own? Is separation required before filing for divorce in Illinois?
Irreconcilable Differences
Depending on the state that you live in, you may need to provide a reason or form of proof for ending your marriage, such as infidelity. Illinois only allows couples to file for divorce due to "irreconcilable differences." In other words, you do not have to give a specific cause for your ending relationship other than stating that your marriage has broken down beyond repair. Before 2016, Illinois law required couples to live separate and apart for two years before a divorce could be an option. If the couples agreed that they faced irreconcilable differences after six months of living separately, this two-year separation term could be reduced to just those six months.
What Is "Equitable Distribution" and How Can It Impact My Divorce?
If you are considering divorce, you may be wondering what will happen to all the "stuff" that you and your spouse have accumulated over the years. Who will keep the house? As a non-working spouse, are you entitled to any of your cumulative savings? And, what about the condo that you purchased a few years ago? All of these questions are common for divorcees. After all, filing for divorce will change your life in more ways than just separating from your spouse. Depending on the state that you live in, the way that all of your "stuff," also known as marital property, is divided can vary. For Illinois residents, things will be divided equitably, but not always equally.
Equitable Distribution Versus Community Property
Those filing for divorce may incorrectly believe that everything will be split 50/50 between them and their spouse, while others may be concerned that they will not get much at all during the division process. For a select few states that follow community property laws, things really are divided 50/50, and while this may seem like a more fair way to do things, some would argue that additional consideration should go into the division process. For the vast majority of the United States, Illinois included, the court follows equitable distribution laws when it comes to divorce. According to equitable distribution, a judge will consider a number of factors about the couple’s marriage, financial status, and more before making a decision about how things should be divvied up.
4 Myths About Prenups That You Should Be Aware of Before Signing One
When you hear the word "prenuptial agreement" or "prenup" you are likely picturing high-dollar celebrity divorces that you have seen splashed across the pages of magazines near the grocery store checkout line. In the past, prenups may have been reserved for the rich and famous, with the thought that the Hollywood industry would destroy their marriage and leave them with a hefty amount of combined assets to divide. This is one of many false ideations that continue to surround prenuptial agreements and drive couples away from signing one. In reality, prenuptial agreements have become commonplace over the past few decades as couples are deciding to get married at an older age with larger cumulative assets to bring to the table. With divorce statistics continuing to sit around 50 percent, it is important that couples are fully informed about prenuptial agreements and consider their legal options before saying, "I do."
How Can the Court Determine My Child’s Best Interests in My Divorce?
Making the decision to file for divorce as a parent can be a difficult call to make. You may be worried about the number of ways that this decision will impact your child. Will your child resent you for this choice? Will this damage your child’s relationship with you or his or her other parent? When will I see my child and how will this be determined? These and other types of questions are likely running through your head and may even be holding you back from choosing your own happiness. It is important to remember that all legal decisions regarding your child are made in the child’s best interest, but how is this "best interest" truly determined?
In the Best Interest of the Child
If you and your spouse decide to create your divorce agreement through divorce mediation or collaborative proceedings, you will both get to determine how things will be handled moving forward. This includes designating the primary custodial parent, outlining your parenting plan, and laying out your parenting schedule. After the court reviews and approves your decisions, you will begin to follow the plan that you selected for your child.
Can I Prove Who My Child’s Father Is If He Refuses a Paternity Test?
Legally recognizing your child’s father is important to everyone involved. The father deserves to know that he has a child, the child has a right to know his or her father, and the mother is warranted financial support that the father can provide her. The process of legally recognizing who is your child’s biological father is known as establishing paternity. In some cases, it can be difficult for a single mother to want to legally recognize paternity since it can also give the father parental rights. However, the financial benefits that the child is owed from his or her father can often outweigh this concern. For men who mothers believe may be the alleged father of their child can also be wary of finding out their biological connection to this child. Luckily, there are a few ways that one can prove paternity, and even if the man does not want to cooperate with your requests, you can enforce your petition to establish paternity.
From our offices in Wheaton and Geneva, Illinois, we help clients throughout the area including St. Charles, Batavia, Elgin, Elburn, Wheaton, Naperville, Yorkville, Oswego, Aurora, Kane County, DuPage County, and Kendall County.
