Some divorces and child custody battles can become very contentious, and in these cases, a child’s interests may be served through the appointment of a representative known as a guardian ad litem, who is tasked with advocating solely for the child’s best interests in the proceedings.

Illinois law allows for the appointment of a guardian ad litem in any case that involves child support, visitation, custody, education, parentage, or general welfare of a child.  A guardian ad litem may be appointed by a court, sometimes as a routine procedure, or by request of any party in the proceedings.  A guardian ad litem is supposed to make recommendations through a written report to the court to help the court render a judgment that is in the child’s best interest.  In order to write the report and make recommendations to the court, the guardian ad litem is required to interview the child involved in the case, as well as the parents and any other available witnesses.  Either party can question the guardian ad litem in court as to the content of their report.

A guardian ad litem should not be confused with a child’s court ordered attorney, although they both represent the child’s best interests. An attorney appointed to a child would provide independent legal advice for a child, and generally cannot be called to testify or be cross examined.

Enforcing a child support order when you and the supporting parent both live in the same state can be a hassle in and of itself. When the supporting parent moves to another state, the process can become even more confusing. Luckily, thanks to the standardization of child support laws throughout the country, states will typically assist you in enforcing a child support order issued by another state if the supporting parent is found to be located in that other state. Likewise, if you move after having been awarded child support and begin to reside in a new state, that new state will be able to assist you in enforcing your existing child support order.

Assistance with Enforcement May Not Necessarily Mean Assistance with Modification

Please take note: Just because a state will assist in enforcing an out-of-state child support order does not mean that the state will assist you in modifying that order. In many cases, the state that is requested to enforce an existing child support order will lack the jurisdiction over the other party to enter an order modifying the support order. For example, suppose that a supporting parent moves from Missouri, the state in which a child support order was issued against him or her and where the other parent and child reside. Suppose further that the supporting parent relocates to Illinois for a job. While the custodial parent could seek assistance from Illinois agencies in enforcing the Missouri child support order, the supporting parent would likely not be able to ask the Illinois courts to adjust the amount of support he or she needs to pay.

As part of the Illinois divorce process, if a divorcing party is not able to resolve all of the pertinent divorce-related issues present in their case, the case will proceed to a “trial.” This is not like the trials you may see on popular television shows: this trial will be in front of the judge assigned to your case, and will not be heard by a jury. The only people that will be present will be the parties themselves, the attorneys for each of the parties, and any witnesses the parties intend on examining for the purpose of helping the court decide the unresolved issue(s). Although a divorce “trial” typically lasts much shorter than a civil or criminal trial that is to be decided by a jury, divorce trials can nonetheless be equally draining and costly. So how do you know when you should attempt to settle your divorce case and when you should proceed with a trial?

Factors to Consider before Settling Your Divorce Case

A popular song from yesteryear declared that “you have to know when to hold ‘em . . . [and] know when to fold ‘em.” In some ways, divorce can resemble a game of strategy: there are issues that can and should be litigated and matters that are so inconsequential that spending much time arguing with the other party over them is a waste of resources. In attempting to determine if a particular issue falls into one category or the other, ask yourself these two important questions:

Marriages in which the spouses come from different faith traditions are now more common than ever. When such a couple first marries, religious-themed conflicts are often low because either the couple does not place a high priority on observing their families’ religious practices or the couple is eager to learn about their spouse’s religious heritage. In the latter case, this may lead to one spouse adopting the faith and religious practices of his or her spouse. When that same couple divorces, however, any differences that exist between the spouses’ differing religious beliefs and practices can become more prominent, especially when that couple had a child. It would be common for the divorcing parents to fight vehemently for the right to determine the religious upbringing of the child and to keep the child from exposure to the other parent’s faith traditions. How does a court decide which parent gets to determine a child’s faith?

The Standard: The Best Interest of the Child

Courts rarely (if ever) prevent parents outright from exposing their child to one philosophy or religion – or from keeping their child away from all religious groups altogether. When the parents are in agreement as to which religious faith child should be raised in (or if the child should be raised without exposure to any religious philosophy), then courts will generally honor that agreement and allow the divorced parents to cooperatively raise their child in accordance with that agreement. If there is no agreement, the court must make a decision based on what it believes to be the best interest of the child.

There are a number of myths circulating about child support in Illinois. Unfortunately, believing one of these myths can cause big legal headaches for you. Learn the truth about child support payments in Illinois:

Myth 1: I Can Send Child Support Payments Directly to the Other Parent

Facts: There are many reasons why it is a bad idea to send your child support payments directly to the other parent. First, if the other parent claims he or she never received your payment, the dispute will descend into a “he said/she said” situation that is difficult to win. Next, submitting your payment to the court (or the agency designated in the child support order) is the surest way to demonstrate to the court that you have satisfied your obligations. Finally, in some cases it may be illegal for the other parent to receive child support directly. In summation, only send your child support payments to the address listed on the order.