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What to Do If Your Ex Refuses to Pay Child Support

According to Illinois child support law, a child support order is a court order. If the obligor fails to make payments or delays them, he/she can be held in contempt. This in turn can lead to a six (6) month jail sentence or probation. During imprisonment, they may be allowed to work, but a portion of or all their earnings will have to be paid towards child support. Failure To Pay Child Support When a child support order is entered by a judge, it has already been determined the parent has the finances necessary to maintain it. According to the ...

Child Support Law in Illinois: What You Need to Know

They say it takes a village to raise a child, but children are the first ones to suffer when the flow of money runs out. Children are dependent on their parents when it comes to their education, health care, food, clothing, etc. When parents divorce, the non-custodial parent is ordered to pay child support to the custodial parent. However, things are a bit different in Illinois, as with Illinois child support law. Child Support Law in Illinois – The Income Shares Model The child support law in Illinois follows specific regulations both pa...

Are Gifts and Loans Considered Income in Child Support Cases?

Illinois has specific guidelines when it comes to determining child support obligations after divorce proceedings. According to the guidelines, the award is calculated according to the net income of the non-custodial parent. A small percentage of that income is allocated to child support, according to the number of children he/she is responsible for. Unless the court determines the guidelines are unsuitable for a case as per the best interest of the children involved, it must stick to those guidelines. Failure to fulfill child support obligatio...

Understanding Illinois Cohabitation Agreements

There are several reasons why a couple may choose to remain unmarried. Perhaps they are disheartened by the institution of marriage because of a previous divorce or maybe they just want more freedom. Only the individuals in the relationship can decide if marriage is right for them or not. In Illinois, they can even take steps to protect their rights and assets while they are living together. What is a Cohabitation Agreement? This is where a cohabitation agreement enters the picture. Simply put, this is basically a prenuptial agreement that allo...

Spousal Support and Tax Implications

In Illinois, spousal maintenance payments or alimony can be deducted by the party that is responsible for paying them for tax purposes. Also, the receiving party can also count it as taxable income. These payments can be made non-taxable or non-deductible in the divorce settlement as well. What Does Not Come Under Spousal Maintenance For Tax Purposes? According to the IRS, payments that are considered to be part of spousal support include: Child support Non-cash property settlements Voluntary payments for items Upkeep of the payer’s property...

Holiday Breaks and Child Care

During the first year of a divorce, holidays can be a difficult time – not only for the parents but for children as well. Happy memories from times when families were together can take a toll on your children. The good news is you can make the holiday transition easier for your children by keeping the following in mind. Discuss Plans with Your Ex-Spouse Even though there may be some bitterness between you and your ex after your divorce, you do not want your children to suffer because of it. Maybe plan on taking your children on vacation d...

My Ex Will Not Follow Custody Rules

Custody Order Violations in Illinois In Illinois, a custody order violation is also known as an ‘unlawful visitation interference’ and it is both a criminal and civil offense. The first few offenses are fined, but if a spouse continues to violate custody orders, it can turn into a class A misdemeanor, which can also include a possible jail sentence. If your spouse is guilty of custody violations, you can go to family court to prove they are willingly violating the order. This often results in changes in parental schedules a...

What Benefits Does Mediation Offer?

A divorce can be messy and painful – especially if business assets are involved. Illinois is an equitable distribution state, which means if a couple gets a divorce, their debts and assets have to be distributed evenly among them. Naturally, disputes are common during such proceedings, but these can be eased amicably if you hire a mediator. What Is Mediation? As is apparent from the name, mediation is a form of dispute resolution in which a third party, also known as a ‘mediator’ helps two embattled parties...

Visitation and Custody if Your Spouse is in the Military

Military service can have a significant impact on child custody cases. Several service members have visitation and custody rights with children – even if the other parent is not their current spouse. However, absences and missed court dates can disrupt or undermine their rights due to their military duties, resulting in stress for both parents. The Uniform Deployed Parents Custody and Visitation Act Certain factors may reduce a military member’s chances of gaining custody of their children – especially with a family care plan alre...

Parenting Plans in Illinois

In Illinois, parenting plans are taken quite seriously by the court. Also known as custody statements in other states, this document outlines how parental time and responsibilities are to be divided by parents post-divorce. Each parent has 120 days from the date they filed for custody to submit their proposed plan. What Should Be Mentioned in the Parenting Plan If for some reason parents cannot come to an agreement on the parenting plan, both plans they proposed will be taken into consideration. Some of the elements ...

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