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. 

Divorce is hardly ever a pleasant affair. Even amicable divorces can be challenging on a number of levels. However, when a couple is able to settle the issues surrounding their divorce through negotiation or mediation, it can save them time, money, and stress. Unfortunately, this is not always possible. Uncontested divorces require a level of cooperation and reasonableness from both spouses that is not always achievable. 

Although divorce litigation can be difficult, there are a handful of reasons it may become necessary. If you anticipate that your divorce will be contested, it is especially important to seek out strong legal representation. You will need a knowledgeable advocate to protect your interests during this conflict. 

Why You Might Go Through Divorce Litigation

It can be immensely frustrating when all you want is to resolve your divorce as quickly and easily as possible, but your spouse is making that impossible by behaving unreasonably. When you cannot reach an agreement, it may be necessary to go to court and ask the judge to make decisions instead. Major reasons spouses end up contesting their divorces include: 

Sometimes known as “alimony,” the issue of spousal maintenance can lead to conflict during a divorce. If you gave up a career or educational opportunities in order to devote yourself to the marriage by raising children or running the household, you may be eligible to request and receive spousal maintenance during a divorce. Divorce law can be complicated, and every divorce comes with stress, and it may be in your best interest to have a family law attorney representing you in your Illinois divorce. 

Who Qualifies for Spousal Support? 

The court’s goal in awarding spousal maintenance is to make sure both parties will be able to maintain their standard of living and to avoid a situation where one spouse is suddenly unable to meet their needs. Either spouse can ask the court for spousal maintenance, regardless of gender. In situations where both spouses worked for pay during the marriage and would be able to support themselves alone, the court is unlikely to order spousal maintenance - even if one spouse outearns the other. However, the court may consider each spouse’s respective financial needs when dividing other property. 

What Does the Court Consider When Deciding on About Maintenance? 

There are a number of factors the court will take into consideration when deciding whether spousal maintenance is appropriate during divorce proceedings. In general, the court will consider each spouse’s needs, earning ability, and contributions to the marriage. Some of these factors include: