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

630-409-8184

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

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

Subscribe to this list via RSS Blog posts tagged in Geneva family law attorney

Geneva divorce attorney hidden assets

When you are subject to an order from the court, you are legally required to abide by the rules of that order. If you do not abide by those rules, you could be considered to be in contempt of court. According to Illinois law, contempt of court comes in two forms -- civil contempt and criminal contempt. Both are very similar and could arise from a divorce or child support case in some situations. Both child support and spousal maintenance exist for a reason -- to help pay for each one’s living expenses. It can be frustrating when a spouse does not pay their court-ordered support, especially when you depend on that income to live. If your ex-spouse does not pay their court-ordered child or spousal support, they could be held in criminal contempt and subject to various penalties, the most common of which is wage garnishment.

How Does Wage Garnishment Work?

If your ex-spouse is not complying with the terms of your child support or spousal support order and is behind on payments, you have the right to petition the court to garnish their wages for the unpaid amount. If the court agrees to do this, you must then notify your ex’s employer of the garnishment order, how much should be withheld from each paycheck for current support and past support, the total amount that must be withheld, and any other pertinent information, such as payment requirements for healthcare enrollment. Up to 50 percent of your ex’s net wages can be garnished to satisfy support orders, but in some cases, that amount could be up to 60 percent.

...

Aurora divorce lawyer GAL child representativeAlmost anything that happens in the Illinois legal system that has to do with children revolves around what is in the child’s best interests. In the majority of divorce cases, at least one, but sometimes both of the parents, understand what would be in the child’s best interest. In some divorce cases, parents can become so blind with hate that the best interests of the child are lost, which is when a child representative steps in. Cases involving child support, the allocation of parental responsibilities, parentage, allocation of parenting time, relocation with the child, or even just the child’s general welfare can all be assigned representation for the child.

Types of Representation

The state of Illinois provides for three options when it comes to the representation of the child:

  • An attorney for the child

    ...

Making determinations about child custody is a difficult matter for even the most training judges. That’s why, in some situations, the court will appoint a guardian ad litem, attorney for the child, or child representative to represent the interests of the child or children. If parents cannot reach an agreement with regard to child custody with one another or through their divorce attorneys, a guardian ad litem may be appointed. In other situations, the court might recommend the appointment of an attorney for the child or a child representative.

In Illinois, the guardian ad litem must be a licensed attorney per statute guidelines. The GAL is responsible for investigating the case and generating a report with all necessary information. This report is then presented to the court with a recommendation for custody. Either parent will retain the right to cross-examine the GAL and none of the communication had with a guardian ad litem in the fulfillment of his or her duties is considered privileged.

An attorney for the child is actually legal representation for the minor individual or individuals. In this scenario, the same privileges that exist in a normal attorney-client relationship are enjoyed by the child. The attorney can file pleadings and carry out other litigation-related duties, too. In most cases, an attorney for the child will be appointed when the minor child is older and may be able to better understand the difficult situation unfolding around him or her.

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

630-409-8184

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

Facebook Twitter LinkedIn
Back to Top