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Forcing Back Payment of Child Support
An order for child support is a binding judgment. If a parent who has been ordered to pay refuses to comply or otherwise claims an inability to do so that is not supported by facts, the recipient parent and the state can take steps to ensure the children are supported in the way they should be according to the law. It is often a laborious process, but once started, it is usually successful.
State Court Enforcement
Illinois has a specific law on the books known as the Non-Support Punishment Act (NSPA), which governs the proceedings that may face a parent who is significantly behind on child support payments without sufficient cause. The offense of failure to support is created by the act, which is either a Class A misdemeanor or a Class 4 felony, depending on the manner in which the noncustodial parent seeks to evade support. For example, a parent who attempts to leave the state to avoid support obligations may be charged with a Class 4 felony, while a parent who fails to pay outstanding support arrears for more than 6 months could face prosecution for a Class A misdemeanor.
Child Support Law Changes Take Effect
Major revisions have been made to the way that child support is calculated by courts in Illinois. The Illinois legislature has been wrestling with the way that child support has been calculated in our state for many years, but as of this month, much-needed changes are finally here.
What is New About The Law?
The law, which went into effect on July 1, changes an outdated, static, and unchanging methodology for child support calculations and switches Illinois to an income shares model used by many other states.
Under the previous law, courts calculated child support obligations using a fixed percentage of the nonresidential parent’s income based on the number of children being supported. For example, under the old law, if there was one child in the marriage the parent without primary custody would be ordered to pay 20% of his or her net income in child support. The effect of these calculations produced results that were insufficient in many in cases to actually address the needs and the best interest of children involved in a divorce.
When to Use Divorce By Publication
There are many different legal procedures related to parenting time and other divorce issues, which require the input or consent of both spouses. However, this is obviously an issue if both parties cannot be located. In cases such as this, there are times where the judge will press ahead, but most of the time, they will rule that the parent who is present should at least try to contact their absent ex-spouse. Divorce via publication is perhaps the most common way to do so.
Your “Best Faith Effort” Must Come First
When a couple decides to divorce, the spouse who files must serve the other with the papers detailing the filing. If there is a lack of service, the other spouse has the right to contest the filing. In some cases, however, the non-filing spouse might be difficult to locate, especially if he or she has essentially abandoned the family. If this is the case, Illinois courts generally hold that the filing spouse must exert a “best faith effort” to locate the other parent.
How to Help Your Child Through Divorce
If you are a parent who is considering a divorce, you are probably concerned about how the divorce will affect your children. Children have many different responses to their parents splitting up, and it can be difficult to know for sure how yours will react. Some children are vocal about their feelings and fears while others keep their emotions inside. Some will ask many questions and some will refuse to talk at all about the separation. Fortunately, studies show that children are more resilient than many parents realize and with the right guidance, they can lead happy, healthy lives after their parents’ divorce.
Psychologist E. Mavis Hetherington of the University of Virginia conducted a study that showed that many children experience negative effects of divorce in the short term but are adjusted to their new life by the second year. Research also suggests that children of divorce do not show significant differences in behavior, academic achievement, or self-esteem than children whose parents did not divorce.
Can I Collect Social Security Through My Ex-Spouse?
Following a divorce, it is very common for people to begin worrying about their future, especially if they are at an age where retirement may soon be an option. One of the issues that may concern them is the question of Social Security benefits. There is much confusion over who is entitled to what, and without the help of an experienced attorney, you and your ex-spouse can find yourselves back in court or embroiled in a long debate that is simply unnecessary.
Requirements to Collect
Almost everyone in the United States who legally works will build up what the Social Security Administration (SSA) calls a work record. Normally, you will be entitled to benefits based on the length and type of your work record, but spouses or former spouses have the right to collect based on their spouse’s record if it is better than their own. The rationale is that especially for older women, who might be lacking in ability to reenter the workforce after divorce, there needs to be a safety net of sorts to keep people out of poverty.
Understanding Adult Adoptions
The procedure for adopting children in Illinois is fairly straightforward, yet intensive. Multiple background checks are required, as well as home study and often fees paid to adoption agencies. The procedure for adult adoption is somewhat different, especially since adults, in most cases, are of an age and ability to weigh in on the issue. If you are interested in adopting an adult as a member of your family, it is important to ensure you are familiar with the law.
Why Adopt an Adult?
While it may seem strange to adopt adults, given that it is not possible in many other countries, many states in the U.S. preserve that right, Illinois included. Sometimes, doing so is necessary in order to legally formalize relationships that already exist in practice. For example, if a child grows to adulthood under the care of a stepfather or other guardian without a legal, familial relationship, that parental figure may be excluded from certain relevant decisions. Many people believe that a stepparent has a legal right to make decisions for a spouse’s child, but this is not the case in Illinois; a stepparent must adopt or otherwise be assigned rights over the child before he or she has any say in that child’s welfare, whether the child is a minor or an adult.
Can I Modify My Divorce Settlement?
One of the primary parts of any divorce case is the property settlement. In Illinois, both spouses are entitled to receive equitable shares of any marital property—which refers to most property accumulated during the marriage. Spousal or child support may also come along with this agreement. However, it can take some time and discussion to arrive at a settlement that is advantageous to both spouses, and there is a method by which property settlements can be appealed or modified if such becomes necessary.
Property Agreement Modifications
Illinois courts generally favor couples working out their own property settlements, given that they are the most familiar with the nature of the assets involved. It also helps to cut down on the number of cases on the docket. Also, if you and your spouse are the only two people involved in working out a property settlement, it is far easier to make changes. At times, though, the court must get involved. Illinois family courts have the legal authority to create a support and property settlement that fits the needs of both spouses, and will often do so.
Parenting Time Considerations and Your Child's Preferences
Divorce proceedings can be a difficult and painful experience for all involved, including the children. This is doubly true if they are old enough to understand what is going on. It is only natural that they may develop opinions on some of the issues pending in your divorce. However, in some instances, their opinions will actually carry weight with the judge. Nowhere is this more common than with issues involving parenting time.
How Much Weight to Give?
When parenting time arrangements are left to be determined by a family court judge, he or she must take into account a number of several factors. A child’s preference may be one of them, though it will not necessarily receive more consideration than other elements, including:
- The child’s relationship with each parent, their siblings and friends in their current situation;
- The child’s home life or lack thereof;
Annulments: Void and Voidable Marriages
When most couples decide to part ways, they get a divorce, but an extremely small subset instead obtain annulments. However, a marriage may only be annulled if it is void or voidable. The two, despite their obvious similarities, are very different categories, and to state that your marriage falls under one when in fact, it is the other, can cause problems down the line.
Void Marriages
In Illinois, an annulment is referred to as a judgment of invalidity and may be granted to those in void or voidable marriages. It is important to understand that they are not granted in the same manner as a divorce might be. Void marriages, under Illinois law, are those where the union was invalid from the beginning. Illinois law recognizes three major situations in which a marriage qualifies as void: bigamy, consanguinity, and incest. Generally, if a relationship goes against public policy or is generally against the law, it will be held to be void. Criminal charges may also result in extreme circumstances, but this is very rare.
Enforcing a Child Support Order
Family courts do their best to be equitable in making decisions regarding child support, and they look to ensure that the amount ordered as payable is one that both parents can manage. Sometimes, however, payments are not made for a variety of reasons. Fortunately, there are safeguards in place that ensure that back child support or maintenance payments may be collected.
Notices of Withholding Income for Support
If you are not receiving your child support payments, you may contact Illinois’s Division of Child Support Services, or you may involve the family court where your divorce was handled. Either way, it is incumbent upon you to ask for back child support. If you can back up your claim, the court will enter an arrearage against the parent owing support. Usually, when a Uniform Order of Child Support is ordered, a Notice to Withhold Income for Support is sent to the employer of the paying parent, advising them to withhold a certain amount and forward it to the state. If an arrearage occurs, a new Notice must be sent to let the employer know that more must be taken out to cover it.
