Unmarried and divorced parents are often required to pay child support to their child's other parent. The amount of parent pays is based on the Income Shares Model, which considers both parents’ net incomes to determine an appropriate payment amount.

Child support is crucial for covering child-related expenses such as housing, tuition or other educational costs, extracurricular activity fees, and more. If a parent fails to comply with an Illinois child support order, the Illinois Department for Child Support Services has the authority to take enforcement actions. One such action is suspending the non-complying parent’s driver’s license.

Child Support Enforcement in Illinois

Child support is ultimately for the child. Illinois lawmakers believe that a child should receive financial support from both of their parents even if their parents are not married or have gotten divorced. Parents who fail to make their child support payments in full and on time can face various consequences.

When two people enter into marriage, they may not consider what would happen if the relationship sours. However, a prenuptial agreement that is signed before the wedding can outline how certain issues are addressed and assets are divided in the event of a divorce. A postnuptial agreement is a legal document that is drafted after a couple gets married or enters into a civil union. Similar to a prenup, the provisions in a postnup commonly account for the division of property and spousal support in a divorce, or the death of a spouse. In many ways, a postnuptial agreement provides a sense of security and trust by clarifying how certain issues will be handled in the future if the two spouses go their separate ways. It can also save time and money since the parties do not have to go to court to hash out the details of their case.

Safeguarding Your Interests

Although you may think your love is going to last forever, circumstances and people can change. There are many benefits to planning for the unknown, even after you are legally married. In order for a postnup to be valid in Illinois, the document must be put in writing and signed voluntarily by both spouses in the presence of a witness. In other words, a spouse cannot be coerced or forced into signing a premarital or postnuptial agreement. In addition, a full and accurate disclosure of financial records is necessary when making a postnup.

Although many people who enter into marriage believe it will last their lifetime, that is not always the case. A couple may choose to get divorced for many reasons, such as infidelity, financial problems, mental illness, or simply because they grew apart. In some cases, they may have gotten married very young and as they matured, realized that they did not have anything in common or their interests or goals were not aligned. Some older couples may come to this realization after they raised their children and are empty nesters. Regardless of when you end your marriage or your age, you can find love again. In these situations, you may want to make your relationship legal by getting remarried. Even though you have been through it before, a remarriage can present its own set of challenges, especially if you have children. Talking with an experienced Illinois family law attorney can help make sure your rights are protected this second time around.

Spousal Maintenance

In Illinois, spousal support may be awarded in certain divorce cases. For example, if one spouse stayed home to raise kids while the other spouse worked full-time, the stay-at-home parent is likely to receive payments as part of the divorce settlement until he or she can become self-sufficient. This financial relief can be paid out monthly or in one lump sum. However, it automatically ends when the receiving spouse gets remarried. The only exception to this rule would be if the former spouses agreed to a set duration regardless if either one remarries. On the other hand, if the paying spouse remarries, spousal maintenance may not be affected, unless the court determines that his or her former spouse is employable and should stop receiving payments.

When Illinois Governor J.B. Pritzker announced a proposal for his new tax plan in Illinois, he sparked debate throughout the state. Some praised what Pritzker called the fair tax law, saying it would only tax the rich and provide more money for low to middle wage earners. However, others have pointed to a major flaw in the proposal, and those opposed to it say it is going to hurt one more group: married couples.

The Marriage Penalty Under Fair Tax Law

Traditionally, when a couple jointly files their state or federal taxes, they file in separate tax brackets from those that file individually, allowing them to take advantage of tax savings. However, whenever two earners of the same household owe more taxes by filing jointly instead of separately, it is considered a marriage penalty. The new tax law proposed by Governor Pritzker does not provide different brackets that allow couples to reap more savings. Instead, couples are likely to owe higher taxes.

Under the proposed new tax law, when filing separately, each of the spouses’ first $10,000 earned is taxed at 4.75 percent. The next $90,000 earned is taxed at a rate of 4.9 percent. However, when a couple is married and filing jointly, the very first dollar made from the second income is taxed at an even higher rate of 4.95 percent.

When a couple goes through a divorce, both spouses typically assume ongoing obligations under a Court order or private settlement agreement, especially when child custody issues and support are a concern. Reconciling oneself to years of mandatory obligations is rarely easy but is necessary to avoid unpleasant legal consequences. However, the law will not support or ignore individuals who attempt to get out of legally enforceable obligations that commonly are most damaging to the needs of the child and not the former spouse.

Courts have a number of ways to compel action from an individual trying to shirk his or her responsibilities, and the most powerful one is holding someone in civil contempt of Court. While this is principally used as a last resort when other collection and compliance methods have failed (i.e. wage garnishment, property liens, suspension of licenses, etc.), this option is an effective measure to spur action.

What is Contempt?