It is common to hear misleading stories about custodial parents using child support money to treat themselves to all manner of luxuries. However, while there are no hard and fast rules regarding what child support can be used for, parents who receive support do have some leeway, and trying to police or micromanage the support you pay may not end well for you.

Requirements Are Nonspecific

There is no law in Illinois that requires recipient parents to account for every penny of child support received. However, the state’s child support guidelines, which are used in most divorces, establish a baseline amount deemed appropriate to keep a child or children in a style comparable to the lifestyle enjoyed during the marriage, and the obligor should be able to estimate roughly what is necessary, and if the child or children are being neglected. Beyond that, it is simply not possible for most parents to account for every penny.

Over the past few years, there have been a number of cases in which a divorcing couple disputes the owner of embryos originally intended for in vitro fertilization. Throughout our society, fertility issues and timing are becoming much more common concerns than in past generations. Understandably, this is an extremely personal topic, but it must be addressed because failure to do so may lead to a host of negative consequences for both spouses and certainly for any child born as a result.

Marital Property in Illinois

During an Illinois divorce, marital property is divided under the theory of equitable distribution, meaning that the marital estate is divided as equitably as possible—not necessarily equally. If, for example, one spouse has a significantly higher-paying job, they may receive fewer marital assets or lower spousal support in the divorce agreement, simply because they likely need it less. The concept of equity is interpreted to mean ensuring each spouse has the tools they need to maintain a comparable standard of living post-divorce.

In recent years, an increasing number of couples have chosen to execute prenuptial agreements, or prenups, before their marriages. There are many different reasons for you and your potential spouse to consider a prenup, but all such agreements have the potential to be declared invalid if they are not drafted properly. If you want to be certain that your prenuptial agreement will pass legal muster, there are some things you should know.

Only Certain Issues Can Be Discussed

The major issue that many couples encounter with prenups is trying to address concerns that, by law, cannot be settled until they become relevant, with child support and parenting time being the most common. Illinois prenups are governed by the Illinois Uniform Premarital Agreement Act (UPAA), and it contains a specific list of items about which the parties may contract, including the right to dispose of assets, the right to continue certain arrangements from the agreement in a will or trust, and “any other matter … not in violation of public policy.” Child support is perhaps the most paramount of these.

Divorce is a time during which some couples experience serious discord. As such, there are those couples for whom attempting to amicably discuss issues may wind up being more trouble than it is worth. Illinois law permits couples to pursue alternative methods of dispute resolution, and if you and your spouse are looking to avoid a potentially messy courtroom fight, one of these methods may be right for you.

Mediation

Mediation is the most commonly used form of alternative dispute resolution (ADR) in Illinois, due to its relatively low cost and efficiency. While court dockets may be clogged, a mediation may begin as soon as a third-party mediator is located. In Illinois, there are no statewide qualifications for mediators, though certain standards of practice are generally observed. A mediator is not required to hold any specific licensure, though they are required to have at least a bachelor’s degree in a relevant field and be in good standing if they are a member of any professional organizations.

Illinois courts calculate child support payments using a state-mandated formula that takes into account a number of factors, but focuses on the supporting parent’s income and expenses. In some circumstances, such as a heavily contested divorce, the parties may present conflicting evidence regarding their respective income. If the court has reason to believe the supporting parent has provided false, misleading, or inaccurate information about his or her finances—or if the parent is intentionally unemployed or underemployed—a judge may “impute” additional income to the parent for purposes of calculating child support.

Bank Records Show Husband Has More Income Than Claimed

Here is an example of how and when a court imputes income. In a recent Illinois divorce case, a wife filed a petition for temporary child support. The couple had three minor children who lived with the wife. In response, the husband filed a financial disclosure statement that stated he had a net income of negative $5,000 per month, meaning that he was investing substantial resources in running his business. While the wife claimed that the family's living expenses were more than $9,000 per month, the judge found neither party especially credible and ordered $6,000 per month in temporary support.