The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Batavia divorce attorney child support

In situations where the parents of a child are divorced or no longer in a relationship, child support orders are often entered to ensure that the financial responsibility of raising a child is not left up to only one parent. In Illinois, child support is typically paid by the parent who has a smaller portion of the parenting time. The amount of child support that is paid each month is determined by a formula that takes into consideration each parents’ income, parenting time, how many children you are supporting, and how much supporting your children should cost.

Paying your child support obligation is extremely important, not only for the well-being of your children but also so you can avoid any repercussions for nonpayment. If you do not make your payment, you could face significant consequences such as driver’s license suspension, wage garnishment, tax refund interception, and more. The state of Illinois offers various options for paying your child support so there is a confirmation that you are in compliance with the order and a record for the payment exists.

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North Aurora divorce attorney order enforcement

There are many steps in the divorce process, but the one that nearly everyone looks forward to is the final step -- the prove-up. If you and your ex-spouse were able to keep your divorce out of the courtroom, this is the only time you will have actually appeared before a judge. Even if you had to settle your divorce in court, either way, your divorce is finalized once the judge signs the decree. This can be a huge weight lifted off of your shoulders, but in some high-conflict divorces, the feeling of relief may be short-lived. It can be extremely frustrating if your spouse does not adhere to the terms of the decree after you spent so much time hashing things out. Fortunately, if your former spouse is wilfully disobeying your divorce decree, there are things you can do to rectify the situation.

Determining if There Is a Violation

Before you do anything, you should first make sure that your ex is indeed in violation of your divorce decree. For your ex-spouse to be considered in contempt of court, you must have a valid and current court order. Your ex must also be willfully in contempt of a court order, rather than non-willful contempt. This means that your ex must be knowingly and meaningfully violating the order.

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North Aurora divorce attorney parenting plan

When you have children, you typically envision the life you want to give them, one full of love and happiness from both parents. Making the decision to separate or get a divorce is difficult when you have children for that very reason. Suddenly, your vision is no longer the same loving image of a happy family and that can be devastating for everyone involved. Emotions play a big role in divorce, whether you would like to admit it or not. Sometimes, those emotions can be so overwhelming that it feels as if you cannot even be in the same room with your spouse anymore. If you have children, you do not have that option, especially when you are in the process of getting the divorce and you do not yet have any final plans in place. Parenting while you go through this process can seem unmanageable at times, but an Illinois divorce attorney can help you navigate this new normal.

Request Temporary Orders

During your divorce, negotiations will take place to form final orders for things such as child support, parenting time, and decision-making responsibilities. Once your divorce is finalized, those orders will also be finalized and will become effective. Until that happens, however, you can request temporary orders from the court to be effective until more permanent ones come along. This can be immensely helpful for couples who have a great deal of conflict because it can reduce some of the uncertainty about the children’s schedule. Temporary orders for parenting time and child support can both be issued to last during the divorce.

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North Aurora parenting plan attorney

In the United States, healthcare can be an extremely complicated topic, especially for children. After a divorce, many parents find that managing the medical care of their children may be wrought with arguments, tension, and stress. Although there is no guarantee that you can eliminate all issues down the road, planning for your child’s healthcare before your divorce is finalized is a good idea. Some children may need more managed, targeted medical treatment, while other children may only need a yearly checkup. Every family is different, so putting your child’s medical plan in writing can help save you from future disputes.

Managing Your Child’s Health Insurance

Part of the child support obligation that parents share is intended to cover some basic medical expenses, but the court will likely also require you to have medical insurance for your child. Either parent can opt to include the child on medical insurance coverage that he or she has through an employer. The cost of the health insurance premium for the child is typically added to the monthly support amount and split between the parents.

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North Aurora child support attorney

Getting a divorce is a stressful situation, with much of that stress stemming from the uncertainty of the situation. Once your divorce is finalized, you will have an agreement in writing for how issues will be handled moving forward. You and your spouse must create a parenting plan that will be followed as you raise your children. This may also include a spousal support and/or child support agreement, so you have a better picture of your future financial situation. However, what happens before you reach that step? During the divorce process, it is not uncommon for one spouse to move out of the family home, and you and your spouse will begin separating your finances and other aspects of your lives. During this time, temporary orders can be put into place to help alleviate some of the anxiety during the transition.

What Do Temporary Orders Address?

Illinois courts always believe that the best and most beneficial way to handle domestic disputes is for the parties to work together to come up with a solution. During a divorce, this may be difficult to do, which is when temporary court orders can come in handy. As you work to complete your divorce, you can ask the judge for temporary relief to address things such as parenting time or child support while the case is pending. When granted, temporary orders will typically remain in effect until your divorce is finalized. Common temporary orders can include:

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St. Charles child support attorney

The state of Illinois, like most other states, acknowledges that it is the duty of both the mother and the father to financially provide for a child. In situations where parents were married but got divorced or were never married but are now no longer together, child support is ordered to ensure the child is being provided with the essentials that he or she needs. Child support orders are legally enforceable orders, meaning someone can face consequences if he or she does not pay support as ordered. Unfortunately, this does not stop some parents from violating orders and refusing to pay child support payments. However, safeguards are put in place to help parents enforce and collect past-due child support that is owed to them.

 

What Happens When Payments Are Delinquent?

Once a parent becomes delinquent on child support payments, he or she will be in violation of the court's orders. If the other parent has not received child support payments on time or in full, he or she should work with a family law attorney to pursue enforcement of child support through the court. In many cases, the court will order that the paying parent's wages should be garnished, and an order will be sent to the parent’s employer requesting that they withhold an extra specific amount to cover the delinquent amount. Income will be withheld from the parent until the amount owed is paid in full. Any amount of child support that is owed must be paid in full, along with interest on past-due payments.

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DuPage County legal separation attorney

Making the decision to end your marriage is not one that is usually taken lightly. For most couples, it takes years for the marriage to break down to a point that one or both spouses realize it would be for the best to no longer stay together. Getting divorced is a final, absolute process that cannot be reversed once it is completed. Because of this, many couples turn to a less permanent form by legally separating before they make the decision to get divorced. A legal separation can be a useful tool for many couples if they are unsure they want the finality of a divorce.

Legal Separation Versus Divorce

At face value, a legal separation looks very similar to divorce. However, the outcomes are very different. When you obtain a legal separation, you must meet the residency requirement of living in Illinois for at least 90 days prior to filing. Next, you must file a petition to separate, which must include proof that you and your partner are living separately from one another. The two of you can then address issues such as spousal support, division of property, child support, and child custody.

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North Aurora child support attorney order modification

The state of Illinois believes that both parents have the responsibility to financially support their child, even if a parent does not necessarily have an active relationship with him or her. This is why child support exists. In Illinois, child support is ordered in most divorce cases, but it can also apply to situations where the parents of a child are not married. Child support is determined using a formula and a set of rules that take into consideration the number of children you have, both parents' income, and how much it costs to cover the child’s necessities. Typically, child support orders are entered during the divorce process or if the parents are unmarried when the couple splits. Life is unpredictable, and sometimes circumstances change from what they were when the child support orders were first created. In situations such as this, you may find yourself asking, “Can I change the support order?”

Eligibility for Modification

When a child support order is entered, you are required to pay child support until the child turns 18 or graduates from high school, whichever is later. If you wish to modify the amount of child support you pay each month, you have to meet certain requirements. Before your child support orders can be amended, one of the following must be true:

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Batavia child support attorney

The “standard” for American families has changed over the years. Even just 20 years ago, the “normal” U.S. family consisted of a mother, a father, and one or two children. Now, families come in all sizes and configurations. According to data from the Pew Research Center, an estimated 18 million U.S. children are living with a single parent. Being a parent can be difficult even when you have another partner, but being a single parent is especially challenging. Here are a few tips you can use to help ease yourself into single parenthood after a divorce:

Get Your Finances in Order

It is no secret that raising a child comes with a rather large price tag. Most married parents have two incomes at their disposal to help pay for some of the expenses associated with raising a child, but after a divorce, you may only have your own income to rely on. This is when child support is typically awarded to ensure that the parent with the greatest share of parenting time will be able to provide for children's daily needs. In some cases, spousal support may also be awarded. It can also help to create a budget for you and your child so you can plan what your monthly expenses will be and relieve some of the worries.

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DuPage County child support attorney

Both parents have an obligation to financially support their children, even if one parent is considered “custodial” while the other parent is “non-custodial.” Because of this, child support exists in the majority of cases that involve parents who are divorced, legally separated, or who were never married in the first place. Child support is intended to be used to help pay for the child’s necessities, such as food, clothing, and shelter. If a parent is subject to a child support order, he or she is legally obligated to make the stated monthly child support payments; otherwise, serious consequences could result. When a parent does not abide by child support orders, it can put a financial strain on the custodial parent, but fortunately, there are steps you can take for enforcement if your child’s other parent has failed to make child support payments.

Defining Failure of Support

If a parent is having a bad month financially, and child support payments are late or delayed, typically no action will need to be taken, as long as the paying parent is able to pay the amount due within a reasonable time period. However, if non-payment has become a pattern, and the parent has not made multiple payments, legal action may need to be taken. A parent is considered to have committed failure to support if he or she does any of the following:

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Geneva order of protection attorney

Divorce can be an extremely stressful life event. In fact, it is widely known that divorce or separation is the second most painful transition for a person to experience, only behind the death of a loved one. Even if you and your spouse are on the same page about the split, it still involves quite a bit of emotional and legal stress, which can manifest in different ways. In many cases, however, divorce is not completely mutual, and one spouse can be very opposed to the divorce. In these situations, things can elevate to the point that a person feels that he or she or his or her children are in danger based on the other spouse’s actions. When this happens, it may be appropriate to file an order of protection to feel safe.

What Is an Order of Protection?

An order of protection is a legal document that can help you and your family if you are experiencing abuse or threats of violence from a family or household member. According to the Illinois Domestic Violence Act, a family or household member can include:

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North Aurora uncontested divorce attorney

Many people’s idea of what a divorce entails is entirely formed by the experiences of people around them and what they see in movies and television shows. When you think of a divorce, you might remember how your aunt and uncle went head to head in a divorce case that lasted for two years, or you might recall television shows such as Divorce Court and how argumentative the divorcing couples could be. In reality, many divorcing couples are not as contentious as you might expect. Some couples are able to put their differences aside and complete their divorce in a peaceful and relatively simple manner. In situations like these, you may be able to file for an uncontested divorce. However, an uncontested divorce may not be for everyone.

What Is an Uncontested Divorce?

In the simplest terms, an uncontested divorce occurs when both spouses can resolve the marital issues of their divorce without taking their case to court. Most divorces involve major issues such as:

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DuPage County divorce decree attorneyMost people have heard of a divorce decree, but they may not know what it actually is. If you are going through a divorce, you probably know that getting your divorce decree is the last step in finalizing the process. There can be a lot of paperwork and forms involved in a divorce, but the divorce decree is perhaps the most important legal document of all. It is, therefore, best to have a skilled Illinois divorce lawyer guide you through the process to avoid any mistakes that could impact your future.

What Is a Divorce Decree?

A divorce decree is a legal document that formally declares and finalizes a divorce. The divorce decree contains information pertaining to the marital issues that have been decided on in the divorce. The contents of the divorce decree will vary depending on the couple, but most divorce decrees typically address the following topics:

DuPage County high-asset divorce attorneyAll divorces have the potential to be complex, but when a couple has a high net worth, the proceedings tend to be even more complicated than normal. For couples who have an abundance of property or assets that are worth a lot of money, the divorce process will involve more decisions. Issues such as property division, spousal maintenance, and child support may be handled differently. People who have a high net worth can greatly benefit from a skilled divorce attorney who has experience dealing with high-value assets to help them figure out the best options for their situation. If you are involved in a high-net-worth divorce, here are a few things you should keep in mind:

  1. High-Net-Worth Divorces Are Often More Contentious

When it comes to divorces that deal with high-value assets, it is much more likely for couples to be combative, especially when dealing with property division. When spouses have many assets, especially assets that are expensive, it can be even more difficult to figure out who gets what. It may be necessary to hire an appraiser to determine the value of any large assets or property such as real estate, businesses, vehicles, boats, jewelry, artwork, or other expensive items.

  1. High-Value Divorces Are More Likely to Be Long and Expensive

When divorces are contested, or there are a lot of issues to settle, it is likely that the proceedings will be long and drawn out, which can get expensive quickly. Although nobody wants a lengthy divorce, couples in high-asset divorces may also be better equipped with the funds to pay for divorces that require a lot of negotiating and help from lawyers.

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DuPage County, IL spousal support attorneyA divorce is never an easy decision, and for many, it can turn their entire lives upside down. Years ago, spousal maintenance (then known as alimony) was a rather common thing that was typically awarded to women who were getting divorced. Now, with more women in the workforce, the number of women receiving spousal maintenance has dropped, while the number of men receiving spousal maintenance has slightly increased. Spousal maintenance is still a rather common issue during Illinois divorces that must be decided before the divorce can be finalized.

Calculating the Amount for Maintenance Payments

If the judge determines that a maintenance award is, in fact, appropriate, he or she will use the maintenance guidelines to determine the amount of spousal maintenance to be paid. The Illinois maintenance guidelines apply to any couple whose combined annual income is less than $500,000 and when the payor does not have any other obligations to pay child support and/or spousal maintenance from a previous marriage.

The amount of maintenance to be paid is determined by taking a portion of the payor’s income and subtracting a portion of the receiver’s income from it. The formula for calculating the maintenance amount is as follows: 33.3% of payor’s income minus 25% of the receiver’s income equals the yearly spousal maintenance amount. To determine the monthly amount for maintenance payments, you would simply take the amount for yearly maintenance payments and divide it by 12.

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Aurora child support enforcement attorneyIn Illinois divorces, it is not uncommon for child support or spousal support to be awarded to the appropriate parties. A support order of either type is a legally binding court order, meaning failure to pay can result in severe consequences. The state of Illinois understands that many families rely on these support payments in order to provide for themselves and their children. Because of this, failure to pay child support or spousal support is taken very seriously.

What Constitutes Failure to Support?

According to the Illinois Non-Support Punishment Act, failure to support can occur in a few different ways. If a person commits any of the following actions, they can be held in contempt of court:

  • Willfully, and without any lawful excuse, refusing to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance.

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Illinois divorce attorney, Illinois family lawyer,Even though there has been a rise in alternative forms of co-parenting after a divorce, couples typically live in two different residences after they become divorced. Most of the time, children of divorced couples travel between the two parents’ houses according to the parenting time agreed upon by the couple. Illinois recognizes that the presence of both parents in a child’s life is important, which is why more and more couples are receiving equal or nearly equal parenting time. If one spouse has more parenting time than the other spouse, then the spouse with a lesser amount of parenting time will typically be responsible for making child support payments to the other spouse.

Calculating Basic Support Obligations

The first step to calculating child support payments is finding each parent’s monthly gross income. Once the monthly gross income is figured, then the Gross to Net Income Conversion Table is used to figure out each parent’s monthly net income. Then, both parents’ monthly net incomes are added together and the corresponding value is taken from the Income Shares Schedule. The amount from the table is the basic amount of money that should be spent on the child each month for living expenses, food, clothing, and other basic needs.

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,So you have gone through all of the steps and jumped through all of the hoops to request and receive child support. But now you have a substantial change in your life, which will require a change in your child’s support. Though it is not impossible to make a modification to the child support orders, it can be a tedious process due to the requirements that need to be met before you can have the modifications granted.

Can I Ask for a Child Support Modification?

Once a child support order is issued, the non-custodial parent must pay child support until the child turns 18 or graduates from high school, whichever is later. Existing child support orders can go through the modification review process if:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer, Typically in the state of Illinois, when you get divorced and you and your spouse have a child together, one spouse will pay child support to the spouse who has the majority of parenting time allocated to them. The monetary amount that is paid in child support depends on a number of factors that can change depending on your circumstances and sometimes the child support payment needs to be increased or decreased. Navigating child support modifications can be a tricky and lengthy process unless you have the help from an experienced attorney. Factors Used to Determine Child Support Payments

There are a multitude of factors that are used when determining if child support is needed and what the amount will be. These factors include:

  • The needs of the child;
  • The financial resources of the parents;
  • The standard of living the child is used to; and
  • The physical and emotional condition of the child.
Can I Modify My Support Orders?

One child support orders are put into effect, they are not necessarily set in stone. You can petition to have them changed if you can prove that there was a substantial change in circumstances. These types of changes can include:

  • A significant change in income, generally a 10 percent difference;
  • A change in expenses;
  • A change in location;
  • Increase or decrease in health insurance rates; and
  • A need to provide for health care needs of the child.
Steps to Modifying Existing Child Support Orders If you have an existing child support order that you wish to modify, there are certain steps that you must take to achieve the modification. 1. Fill out and file a petition with the circuit court of the county in which you reside. The petition is the formal document that asks the judge to oversee your case. 2. Tell the other parent about the request you have submitted for a modification to the existing support. You should send a copy of the petition to the other parent and then file a certificate of mailing in the court to certify that you have made an attempt to notify the other parent. 3. Once you select or have a hearing date selected for you, you must also mail a copy of the hearing date to the other parent. 4. When you attend your hearing, you should tell the judge:
  • The existing child support amount;
  • Why you think a modification needs to be made;
  • What you think the new child support amount should be.
If the judge grants your request for modification, he or she will sign the Order Modifying Child Support and the Uniform Order of Support, copies of which should be mailed to the other parent if they were not present. Get Help From an Experienced Child Support Modification Attorney

Divorce is stressful and it gets even more so when there are children involved. When your child support orders were created, they may have been fine, but as time goes on, circumstances change and the orders may need to be modified. If you believe that your child support orders should be amended, you should contact a skilled DuPage County child support lawyer to help you with the details. Contact the Law Offices of Matthew M. Williams, P.C. to discuss your case. Call 630-409-8184 to schedule a consultation.

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When it comes to divorce, the laws pertaining to alimony, asset, and property division, child custody and support and other related issues can vary from state to state. The differences between one state and the other might be enough for some to take their divorce on a road trip.

Facts About Divorce in Illinois

While divorce laws tend to vary from state to state, it is important to know the laws that oversee such matters here in Illinois. Here is a quick summary of some of the basics.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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