After parents divorce, their financial or other circumstances may change over the months or years following the divorce. When the financial or living situation change substantially, they may want to pursue a modification to the divorce orders for child and spousal support or parenting time and responsibility. Typically, the court will not entertain changes to…Read More
Types of Spousal Maintenance in Illinois
There are three types of spousal maintenance, also known as alimony, that may be awarded in Illinois; temporary, rehabilitative and permanent alimony. Temporary spousal maintenance can be requested while a divorce case is pending so that a supported spouse can stay financially afloat during the divorce process. The court will evaluate each spouse’s income to…Read More
Child Support Debt and Bankruptcy
Parents who have accumulated child support debt often wonder if they have options under bankruptcy to discharge the child support arrears. Although it may be disheartening for parents struggling with significant delinquency to hear, the answer is no because child support is a priority debt and child support and arrears must be paid. However, bankruptcy…Read More
Child Support Statute of Limitations
Many saw the story break last year about a California woman who was awarded child support 50 years after her ex-husband hightailed it to Canada, leaving her to raise their 3 year old without the benefit of financial support. Fifty years later, realizing California did not have a statute of limitations on child support payments,…Read More
Issue of Modifications of Child Support
This month, I am tackling the issue of modifications of child support and recent rulings by the Illinois Appellate Courts regarding this. I am specifically speaking of In re Marriage of Salvatore, 2019 IL App (2d) 180425, In re Marriage of Wengielnik, 2020 IL App (3d) 180533, and In re Marriage of Connelly, 2020 IL…Read More
Petition to Modify Allocation of Parental Responsibilities
Illinois allocation of parenting responsibilities, formerly known as custody, refers to parenting time and the authority to make significant decisions regarding minor children such as religious upbringing or education. When a divorce is finalized, an Allocation Judgement will be entered either by agreement or by a judge’s ruling, which will set forth the parenting time…Read More
Job Loss – Child or Spousal Support Modification
If you are paying spousal maintenance or child support following a divorce, you may wonder what happens if you lose your job. You may be surprised that you could be obligated to pay whatever you were paying while employed, so it is important to discuss your circumstances with an attorney before you assume anything. There…Read More
Child Support Modification Due to Job Loss
While Illinois residents are celebrating summer with family activities, many sheriffs’ departments across the nation are gearing up for deadbeat raids in an effort to snare unsuspecting parents who are behind on child support payments. Child support debt in the U.S. has increased by 1000 percent, reaching over $114 billion last year. As debt skyrockets,…Read More
Child Support Arrears Spell Trouble for Many
Making child support payments can sometimes present as a financial hardship and, if the payments run dry, children ultimately pay the price in terms of money and time spent with the parent who is falling behind. Sometimes a job loss or reduction in pay is the culprit or an accident or illness may be to…Read More
How to modify a divorce settlement in Illinois
Life is full of changes; relationships end and begin, children are born and grow up, salaries increase and decrease. While divorce settlements are meant to be permanent this doesn’t always make sense thanks to all of life’s changes. That’s why under Illinois law it’s possible to have a divorce settlement modified when a substantial change…Read More
