The decisions made during a couple’s divorce are usually meant to be permanent. However, since these decisions are based on the parties’ circumstances at the time of their divorce, a court’s orders may need to be adjusted if circumstances change. Spousal support is one issue that may need to be revisited in the years following a couple’s divorce. For those who pay or receive spousal support, it is important to understand when modifications may be made to these orders.

Modification or Termination of Spousal Maintenance

Illinois law refers to payments made by one spouse to the other after divorce as spousal maintenance. These types of payments are also commonly known as spousal support or alimony. The purpose of spousal maintenance is to ensure that both parties will be able to support themselves and continue living at the standard they were used to during their marriage. Most of the time, spousal support will only be appropriate if there is a significant disparity between the incomes earned by the parties, including in cases where a spouse is a stay-at-home parent who does not earn enough income to fully cover their ongoing expenses.

Social media is an important part of most people’s lives. It has been especially helpful for many during the COVID-19 pandemic since it has allowed people to remain connected with friends and family. However, sharing personal information and details about your life can have some unexpected consequences, especially if you are going through a divorce. You will want to understand how the information you share online may affect your case, and this will help you protect your rights and interests as you work to dissolve your marriage.

Social Media Tips for Divorcing Spouses

It is important to remember that anything you post online could potentially be seen by your spouse and their attorney. Even if you send private messages to others or share updates or photos in a private group, someone may forward this information to your spouse. To avoid potential issues, you will want to make sure you do not send or share any messages or photos that you would not want to have to explain in divorce court. You will especially want to avoid:

• Sharing information about your finances - You will need to address a variety of financial matters during your divorce, and you and your spouse may disagree about issues related to the division of marital property, spousal support, or child support. As you work to resolve these disputes, you will want to make sure you do not post anything that may indicate that you are not being truthful about your financial situation. For example, a comment on social media about making an expensive purchase or working overtime at your job could be used by your spouse to claim that you have failed to report certain assets or income.

  ...

In any divorce or family law case involving children, child support will be an important factor. Both parents will be required to provide financial support for their children that will address the children’s ongoing needs, including basic expenses such as food, shelter, and clothing, as well as costs related to medical treatment, childcare while parents are working, and children’s activities. Once child support orders are issued, a parent will be required to make payments on time and in full. However, circumstances may arise that may affect a parent’s ability to make ongoing payments, and both parties will need to determine how to address these situations.

Enforcement of Child Support Orders

A parent may face a number of consequences if they fail to pay child support as required. The parent who receives support may have a number of options for enforcement of the court’s orders. A parent will be required to make up any payments that have not been made, and interest and fees may also be applied to the amount owed. A parent who fails to pay child support may also be held in contempt of court. A judge may decide to place the parent on probation and impose certain requirements, or a parent may even be sentenced to up to six months in prison while allowing for regular periods of release to ensure that the person can work and earn income to be put toward paying child support. If a parent is at least 90 days delinquent on child support payments, the court may suspend their driver’s license until they fully comply with support orders.

Modification of Child Support Based on Changed Circumstances

Contempt proceedings, imprisonment, and driver’s license suspension are often a last resort in child support cases. Parents may be able to avoid these issues by taking steps to address issues that may affect their ability to pay child support as quickly as possible. Child support orders may be modified if a parent experiences a change in circumstances that affects their ability to make payments. These changes may include the loss of a job, health issues that affect a person’s ability to work, or increases in a person’s living expenses. A parent who experiences these issues may file a petition to modify child support, and the requested modifications may be temporary until the person can find a new job, or they may last permanently if necessary. Until the court issues an order modifying child support, a parent will be required to continue making payments. However, modifications may be retroactive to the date that a petition was filed, so parents who experience financial difficulties will want to take immediate steps to address these issues and avoid potential legal problems related to the non-payment of child support.

Getting a divorce can be difficult for anyone, but these situations can become much more complex for couples who have children. In addition to separating their lives from each other, parents will need to make decisions about how they will share in the responsibilities of raising their kids, and they will also need to create schedules detailing when children will live in each parent’s home or spend time with them. Coming to an agreement on these issues is not easy, especially when a couple’s relationship has broken down to the point where they have chosen to end their marriage. However, whether a divorce is amicable or contested, it is often best for parents to do everything they can to work together and determine how they can put their children first. This will allow them to create a parenting plan that will provide them with a full understanding of how child-related matters will be handled going forward.

What Is Included in a Parenting Plan?

Illinois law states that the divorce decree of a married couple who share children will need to include a document known as a parenting plan. This agreement will fully detail how the parents will share in the allocation of parental responsibilities, including each parent’s authority to make decisions about children’s education, healthcare, religion, and extracurricular activities. The parenting plan will also include a parenting time schedule that determines when children will stay in each parent’s home or spend time with a parent. In addition to an ongoing, daily schedule, the parenting plan will also specify how parents will divide holidays and vacations, and it will also detail transportation arrangements for children and rules about when and how a parent can communicate with children during the other parent’s parenting time.

A parenting plan may also include:

When a will is filed with the probate court, it becomes public record. Anyone who so wishes can view the contents of a will once it has been submitted to probate. This means that everyone from a disinherited relative to your beneficiary’s creditors can see to whom you have left money or property - as well as how much or what assets. This can sometimes place beneficiaries in an uncomfortable or legally risky position should someone seek to contest the will. By using a trust, however, you can keep your family’s inheritance private. A qualified estate planning attorney can give you more information about protecting your family’s privacy and preventing conflict by using a trust. 

Who Can See My Trust Documents? 

It is only when a will is filed in a probate court that it becomes public record. Unlike a will, a trust does not need to be filed in any court. There is ordinarily no judicial involvement needed when a trust is used for testamentary purposes. Under normal circumstances, the only people with access to view your trust document should be your named beneficiaries, your successor trustee, and others you have elected to involve in the management of the trust. 

How Does Privacy Prevent Conflict?

It is very difficult to bring a challenge against a document you do not have access to. A disappointed survivor can examine a will itself in an effort to find some shortcoming that could provide a ground for dismissing the will. However, a survivor who feels snubbed cannot even see the trust and may have a much more difficult time contesting your estate plan.