WHAT HAPPENS IF MY SPOUSE DOESN'T PAY SUPPORT/MAINTENANCE?

When a spouse defaults on court mandated payments, you should file a petition in the court for Rule to Show Cause.  Your spouse will then have to appear in court to explain why he/she has not been making payments.  If the spouse simply doesn't have the money to make the payments, the court will generally try to set up a schedule where they will pay as mush as they can, and the remainder will accrue in an account that will have to paid off in the future.  If the spouse has the money, but is willfully withholding payments, then it can be much more severe.  The court can impose penalties as they see fit, including holding that spouse in contempt of court.  For more information, you can contact a divorce attorney with our firm at the link below.

http://www.westmontattorneys.com/Divorce-Child-Support/

ILLINOIS MANDATED MEDIATION

When two parties cannot come to an agreement on an issue during a divorce case, state law mandates that the parties must attend mediation before the court can hold a hearing on the issue.  The mediator is typically a neutral third-party divorce attorney who will help facilitate negotiations.  The mediator has not power to issue a ruling on the issue, however, they can report on the mediation proceedings to the court.  Both parties should make a good-faith effort to resolve the issues during mediation because of the cost, time, and unpredictability of a court hearing.

http://www.westmontattorneys.com/Divore-Child-Support/

WILL I HAVE TO ATTEND COURT DURING MY DIVORCE CASE?

Typically, you will need to make at least one, and likely a couple court appearances during your divorce case.  If there are any hearings or a trial scheduled, you will need to be present at these times in order to testify and offer any relevant evidence.  At the very minimum, you will usually have to attend the prove-up date, which is where the settlement agreement or decree is approved by the court.  You will not need to attend the vast majority of the other court dates as long as you have an attorney representing you and he/she appears on your behalf.

http://www.westmontattorneys.com/Divorce-Child-Support/

SHOULD I CHANGE THE BENEFICIARIES OF MY LIFE INSURANCE TO MY CHILDREN AFTER A DIVORCE?

This is a topic that is addressed in almost all divorce decrees.  The court wants to make sure the party or parties earning wages have life insurance to protect the children in case of an untimely death.  Generally, the divorce decree will state that the children of the couple must be the beneficiaries of the policy, and the surviving parent will be named as custodian of the policy if the children are under age.  Sometimes, a party can name a different relative as custodian, such as a sibling or parent, but generally the decree will require the surviving parent to serve in such position.  There is also usually a minimum amount of insurance coverage stated in the decree.

http://www.westmontattorneys.com/Divorce-Child-Support/

IF A MARRIAGE IS NOT REGISTERED, CAN A COUPLE OBTAIN A DIVORCE?

Occasionally, clients who were married in a private religious ceremony or in a other country come to our office asking for a divorce without ever having registered their marriage in the state or applicable county.  The easy answer is that the courts views are if a couple was never married in their records, a divorce cannot be granted.  However, many times there are still issues that may need to be addressed by the court such as child support and custody, asset/liability division, etc.  To learn more about this unique situation, please feel free to contact one of our experienced family law attorneys.

http://www.westmontattorneys.com/Divorce-Child-Support/

HOW DOES THE COURT DETERMINE IF CHILD SUPPORT IS NECESSARY?

Most factors dealing with child support are determined pursuant to Illinois state statute.  However, many clients ask me if they will be eligible to receive child support.  In order to receive support, you must have at least one child born to the parties, not necessarily during the marriage, who is currently under 18 years of age.  Following that, the court will evaluate the amount of time each parent will spend with the child following the divorce, who is the custodial parent, and the expenses paid by each party on behalf of the child, relative to that party's current income.  The court will weigh these factors, and unless the time spent and expenses are close to evenly split or the parties agree, child support would generally be awarded to the custodial parent and the amount will be determined according to state statute.

http://www.wesmontattorneys.com/Divorce-Child-Support/

IS REAL ESTATE THAT I PURCHASED BEFORE I WAS MARRIED EXEMPT FROM MARITAL PROPERTY?

If you remember from a previous post, property acquired before the marriage is generally non-marital property, while property obtain at any time during the course of the marriage will usually be considered marital property by the court.  In Illinois, there is one exception if the real estate was utilized as a primary marital residence by the couple while they were married, the spouse will have some homestead rights in the property even though it was acquired before the marriage.  Make sure you speak with an experienced divorce attorney regarding all of your property prior to beginning divorce proceedings.

http://www.westmontattorneys.com/Divorce-Child-Support/