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My Ex Is Not Following Our Illinois Divorce Decree. What Are My Options?
Most spouses sincerely hope that the moment they receive their divorce decree, problems with their ex will improve. Although in many cases this is true, for some people, finalizing their divorce is only the beginning of further legal battles. Divorce decrees are legally binding - meaning that to violate the terms of the divorce decree is to break the law - but that does not stop people from simply choosing not to hold up their end of the deal. When this means not paying spousal support or child support, this can have serious consequences for a family. If your former spouse has decided not to follow your divorce decree, read on to learn more about your options for enforcement.
What is Considered a Violation?
For someone to violate a divorce decree, there must be a current, valid court order. Even if you were never married, having a court-ordered parenting agreement and child support order is crucial for ensuring you get the help you need. A verbal agreement between two people is not legally enforceable.
What Happens to Unallocated Maintenance if I Modify My Divorce Decree?
Before January 1, 2019, divorcing spouses in Illinois could sometimes receive something known as “unallocated maintenance.” While most people are familiar with child support and spousal support (also known as alimony or spousal maintenance), unallocated maintenance was less common. Until the law changed, unallocated maintenance allowed spouses to receive money that could be used for both children and themselves, with certain tax implications.
Recent federal tax laws removing unallocated maintenance as an option may have consequences for individuals receiving unallocated maintenance who want to modify their divorce decree. If you are receiving unallocated maintenance and want to learn more, read on.
Tax Implications of Unallocated Maintenance
Child support payments in Illinois are “tax neutral” - the spouse who makes payments cannot deduct them from their taxes, and the parent who receives payments does not pay income taxes on them. But before 2019, spousal support was tax-deductible and the receiving spouse had to pay income tax. Sometimes, unallocated maintenance was used as an option for combining spousal and child support when one spouse made significantly higher income than the other, simplifying matters and providing tax benefits for the receiving and the paying spouse.
Can I Change a Kane County Custody Plan Without Court Approval?
Parents who have busy schedules or frequent changes in schedule may wish to slightly modify their parenting agreement on an ad-hoc basis. If one parent has to work late, he or she may ask the other parent to keep the children for an extra night and take them to school the next morning. Likewise, if extended family comes into town one weekend, parents may agree to switch weekends on a one-time basis so the children can visit with their cousins or aunts and uncles.
As long as both parents agree to make minor changes from time to time, there usually is not a problem. However, frequent or repeated differences in parenting time can put parents at risk because unless a change in the parenting plan has been approved by an Illinois court, it is not legally binding and may even be unlawful.
Risks of Modifying a Parenting Plan Without Court Approval
Parents who struggle to communicate without conflict are at most risk of failing to make minor tweaks and adjustments in their plan from time to time. If you have a spouse who is litigious or who is willing to use the children to rehash old resentment, it is best to adhere strictly to your court-ordered parenting agreement. Failure to do so can result in a spouse who lodges a complaint with a court asking the court to require you to follow the order.
What Makes a Good Prenuptial Agreement in Illinois?
Every state has unique property division laws in the event a couple gets divorced. In contrast to 50/50 property division states, Illinois uses a method known as “equitable distribution” in which spouses, sometimes with the help of a mediator or judge, divide their property and debts in a fair manner.
This method makes sense for couples, but it might not work for others. Engaged couples who worry that Illinois’ equitable distribution method would not properly reflect their wishes or circumstances may want to create a valid prenuptial agreement before they get married. If a prenuptial agreement is legitimate, it supersedes state law regarding property division and allows couples to preemptively negotiate the division of property if they get divorced.
Why Would a Couple Create a Prenup?
Although prenuptial agreements used to be financial instruments mainly for the wealthy and legally savvy, they are becoming more and more common. Couples may benefit from a prenup if they fit into one of the following circumstances:
Does Cheating Affect the Outcome of a Divorce in Illinois?
Getting divorced is never easy, but getting divorced because you found out your spouse was having an affair can be devastating. Emotionally recovering from the broken trust while you are going through divorce proceedings proves to be a major challenge for many spouses, who may justifiably wonder: Does an affair affect a divorce proceeding in Illinois? After all, if a spouse’s infidelity ends a marriage, it may seem like it makes sense for there to be consequences.
But no matter who is responsible for the end of a marriage, Illinois is a no-fault divorce state - meaning that the only reason a couple can give for divorce is irreconcilable differences. Cheating, in and of itself, does not affect the process or the outcome of a divorce. However, behaviors and circumstances commonly affiliated with cheating can affect a divorce.
Can Cheating Affect Custody Arrangements?
Allocation of parental responsibilities and parenting time are not directly affected by infidelity. However, if a parent’s new boyfriend or girlfriend poses a risk to the children, this could affect that parent’s ability to spend time with the children. For example, if a new partner has a history of domestic abuse or is a registered sex offender, courts can take this into account when making decisions about a parenting plan.
What Is a Plenary Order of Protection in Illinois?
Applying for any kind of order of protection is never easy, and is usually preceded by months or years or terrifying emotional or physical abuse. But the state of Illinois takes the safety of its residents very seriously, particularly when they are children, and has several types of orders of protection available to those who need them.
One of these - a Plenary Order of Protection, or POP - is a long-standing order of protection that lasts much longer than an Emergency Order of Protection or “restraining order.” POPs do require a hearing, but because the hearing is evidence-based and requires the presence of both parties, it can grant victims greater protection.
How Can I File for a Plenary Order of Protection in Illinois?
In order to file for any order of protection, you must bring the appropriate paperwork to your local courthouse. This paperwork is available online and can be filled out in advance. Sometimes a clerk may be available to help you fill out forms, but not always.
Do I Have to Give Back My Engagement Ring if We Break Up?
Engagement rings are one of the most exciting aspects of a wedding. Many people dream for years of their perfect ring and are thrilled to find themselves engaged and later married. But just as the ring is a symbol of the hope of marriage, it can also be a source of conflict and sadness when the relationship comes to an end. Many people wonder - What happens to the engagement or wedding ring in a divorce?
When Does an Engagement Ring Have to Be Returned?
Illinois law regarding the ownership of a ring differs depending on whether a couple is married or engaged when the relationship ends. If the couple is engaged, then the person who ends the relationship may determine who keeps the ring.
What is an Order of Protection in Illinois?
If you are in an abusive relationship and are ready to end it, you may worry that taking steps to end the relationship will make the abuse worse. You may feel stuck in a cycle of fear, intimidation, and even violence. Research shows that many, if not most, injuries in domestic relationships occur when the victim attempts to leave the relationship.
Fortunately, Illinois law provides protection for victims of domestic abuse in the form of an Order of Protection. An Order of Protection can force your abuser to move out of your home and prohibit contact between you and your children. Listed below are the three types of Order of Protection in Illinois.
Emergency Order of Protection
Illinois law allows an Emergency Order of Protection (EOP) to be granted even when the subject – in this case, the abusive partner – is not present or even aware of the order. This kind of order is most often used when the immediate safety of a victim is at risk.
What is Electronic or Virtual Parenting Time?
During a custody dispute, parents will often wonder: Who will get the most time with my kids? Will I miss out on important parts of their life? How will custodial sharing change my relationship with my children? The idea of sharing parenting time, especially with a spouse who may be hostile, is difficult for many parents to contemplate.
If parents cannot agree on a visitation schedule, the court will step in and make arrangements for them. Unless parents split custody 50/50, one parent will be given most of the parental responsibilities and the other parent will get a set amount of parenting time or visitation.
One interesting change in the concept of parental visitation has been developing for some time – that of electronic or virtual parenting time. This idea got more exposure than ever during the Covid-19 pandemic and subsequent shutdowns when households were isolated and parents couldn’t see their children in person for long stretches of time.
Making the Most of Your “Right of First Refusal” in Your Illinois Parenting Plan
Any divorce As a divorcing parent, one of the most challenging concerns you may currently be facing is the prospect of seeing your child less often than you are used to. For a parent who is heavily involved in his or her child’s daily life, transitioning to a shared parenting schedule after divorce can be very difficult. This is one reason that disagreements about parental responsibilities and parenting time can become heavily contested during a divorce. The “right of first refusal” is an important element in an Illinois parenting plan that any parent in a child custody dispute should be aware of.
What Does “Right of First Refusal” Mean?
When you file your divorce petition, you will be asked to create a parenting plan and submit it to the court. This plan outlines how you will share parenting time, make important decisions about your child, and handle other co-parenting issues. The parenting plan also includes a provision explaining the right of first refusal. This is the right that parents have to be informed when the other parent cannot fulfill his or her allotted parenting time. The other parent must be given a chance to “refuse” the additional parenting time before the original parent can hire a babysitter or make other childcare arrangements.
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