In divorce cases, child support or spousal maintenance payments are often ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure to Pay Support in Illinois

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are several different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if he or she:

• Willfully refuses to pay maintenance to his or her ex-spouse, with the knowledge that his or her ex needs such maintenance.

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One of the biggest worries and fears that parents have during a divorce is how the end of their marriage will affect their children. While it is no secret that divorce can put children through some stress and uncertainty, it is often the best action to take for the sake of the family. Children who are raised in unhappy households are more likely to have self-esteem problems, trust issues, and in some cases, even behavioral or emotional issues that can follow them for the rest of their lives. Telling the children about your divorce can seem like a daunting task, but these tips can help you have a meaningful and productive conversation.

Tip #1: Tell All of Your Children at the Same Time

Many parents make the mistake of not talking to all of their children together when breaking the news of their divorce. They may think that younger children should be sheltered from the news of a divorce, while older children can be trusted with this information. This often puts unfair and unnecessary stress on older children to keep the secret of the divorce from younger children. It is often best to gather your children together and tell them all at the same time to avoid any unnecessary difficulties.

Tip #2: Talk in a Way Your Kids Will Understand

Each child is going to be different when it comes to how much they understand about the divorce and what it all means. Younger children typically have a more difficult time understanding what a divorce is, so simple and clear messages usually work best when explaining things to them. Older children and teenagers tend to need more information about the news of a divorce, but you should still use caution when revealing details about why the marriage has broken down.

When you choose to pursue a divorce, your biggest fear may be that the process will become a destructive fight that harms you, your ex, and your children. It is true that some divorces are contentious, and almost all divorces are stressful, but many of them can proceed amicably. 

If you are able to cooperate with your spouse throughout the divorce process, you can often avoid a trial and reach an efficient resolution that satisfies both sides. If you are hoping for an amicable divorce, you should make sure to approach it in a way that prevents conflict from taking over.

How to Keep Your Illinois Divorce Amicable

Your chances of an amicable divorce often rest on the behaviors of both you and your spouse. Here are some things you can do to make an amicable divorce more likely:

If you have a child while you are unmarried, establishing legal paternity provides important benefits to the child, and it can also help both mothers and fathers protect their parental rights. However, it is important to understand exactly what legal paternity entails to determine whether further legal action may be necessary, especially in cases in which you wish to confirm or deny the right to custody and parenting time.

What Benefits Does Legal Paternity Provide in Illinois?

For a child, establishing legal paternity ensures access to financial support from both parents in order to provide for regular needs, including shelter, food, clothing, healthcare, and education. The child can also benefit from the father’s health insurance, life insurance, government benefits including Social Security, an inheritance in the event of his death, as well as information from the father’s medical history that may make better medical care possible for the child.

For the parents, establishing legal paternity usually means that the father will be obligated to make regular child support payments to the mother. The father will also likely have the right to consent to or contest possible future decisions regarding the child’s adoption. The father also has the right to petition for allocation of parental responsibilities and parenting time, but this is not automatically guaranteed.

In an Illinois divorce, a wide range of assets can be considered marital property, which must be equitably distributed between spouses. This includes joint bank accounts and many properties that you may consider to be part of the household, including the home itself, vehicles, furniture, and more.

However, marital property also likely includes privately owned businesses and other properties owned in only one spouse’s name, provided that they were founded or acquired during the marriage. When you or your spouse have significant business assets, it is important that you understand how the division of property may work in your divorce.

Valuing Marital Business Assets in Illinois

If you have business assets that you want to protect in your divorce, you should first determine whether any of them may be excluded from the marital estate. Businesses that you owned prior to your marriage may be considered non-marital property, especially if they were designated as such in a prenuptial agreement. Businesses purchased with money from a gift or inheritance specifically in your name may also be considered non-marital assets.