Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made.

When Is Failure of Support Committed?

According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:

  • Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;
  • Willfully fails to make a support obligation required under a support order, if the obligation has not been paid in six months, or has more than $5,000 in accrued unpaid support and the person has the ability to provide the support;
  • Leaves the state with the intent to evade a support obligation required under an order for support and the amount owed is more than $10,000; and
  • Willfully fails to pay a support obligation required under an order for support and the obligation has remained unpaid for more than a year, or the amount owed is more than $20,000 and the person is able to provide the support.

Consequences of Failing to Pay Support

Illinois has strict laws against failing to pay support if you have the ability to do so. The Non-Support Punishment Act outlines the consequences of not paying support, which can range from a Class A misdemeanor to a Class 4 felony, depending on the specific action taken. Jail time and fines can accompany these charges, along with restitution that the judge orders, which will equal the amount of support owed.

In addition to fines and restitution, those who fail to make support payments and are found to have the ability to do so can face driver’s license suspension, wage garnishment, having their tax refunds taken or seizing bank accounts.

Seek Help from a DuPage County Support Enforcement Attorney

If you have an ex who is not making the payments that they should be making, you need the help of a skilled and successful Aurora child support enforcement attorney. Family law courts can be confusing and hard to navigate, but you do not have to go through this process alone. The Law Office of Matthew M. Williams, P.C. can help you investigate your ex’s claims of lack of money or income issues to bring them back in line with your family’s needs. You and your child deserve to get the support that you need. Call 630-409-8184 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,For most pet owners, their pets are a part of the family. When a couple gets divorced, one of the issues that may arise is who gets to keep the pet. Prior to 2018, the state of Illinois treated pets like any other piece of property–it was awarded to one of the spouses during the allocation of the couple’s other assets. A new law that was put into place at the beginning of 2018 allows a judge to decide which spouse is the best owner for the pet.

A Change in the Law

Before the beginning of the year, pets were considered an asset in a marital estate. Usually, the spouse that paid for the animal or had the best financial situation for the animal was allocated the pet in the divorce. This led to some animals losing the pet parent that loved them the most and sometimes a spouse would even fight over the pet out of spite and end up with an animal they did not care about.

The new law gives judges the ability to look at the situation and decide what is in the best interest of the pet’s wellbeing. This means that one spouse may end up with full ownership of the pet or both spouses could end up in a joint ownership situation, meaning the arrangement would function similar to a child custody arrangement and the time spent with the pet would be split between both spouses.

Deciding Factors

The only animals that the law does not apply to are service animals. Though service animals are companion animals, they provide their owner with assistance and it is important for the animal to stay with the spouse that needs them. For all other animals, judges will look at which spouse provides the necessary elements for the pet’s wellbeing. This can include the judge looking at who:

  • Has bonded with the animal;
  • Has taken the animal to the veterinarian;
  • Takes care of the pet’s day-to-day needs, such as walking or feeding;
  • Trained the animal; and
  • Has financially provided for the pet.

In addition, the judge can look at factors such as the age of the animal, whether there are other animals or children in the household that the pet has become accustomed to, and whether or not there are breed-specific rules in a different jurisdiction if a relocation is a possibility.

Contact a DuPage County Divorce Attorney

If you are a pet owner, you understand the emotional complexities that an animal has. Going into litigation over a pet can be nerve-racking, but with the help of a skilled Aurora divorce attorney, you can ensure that the judge will see that you are the best option for the pet. Contact the Law Office of Matthew M. Williams, P.C. to see how they can help you protect your most precious asset. Call 630-409-8184 to schedule a consultation.

 

Sources:

https://www.ilnews.org/news/justice/new-illinois-divorce-law-would-give-pet-custody-to-better/article_d51fc1c4-e0fb-11e7-b083-cb3fcf9279f8.html

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made.

When Is Failure of Support Committed?

According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:

  • Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;
  • Willfully fails to make a support obligation required under a support order, if the obligation has not been paid in six months, or has more than $5,000 in accrued unpaid support and the person has the ability to provide the support;
  • Leaves the state with the intent to evade a support obligation required under an order for support and the amount owed is more than $10,000; and
  • Willfully fails to pay a support obligation required under an order for support and the obligation has remained unpaid for more than a year, or the amount owed is more than $20,000 and the person is able to provide the support.

Consequences of Failing to Pay Support

Illinois has strict laws against failing to pay support if you have the ability to do so. The Non-Support Punishment Act outlines the consequences of not paying support, which can range from a Class A misdemeanor to a Class 4 felony, depending on the specific action taken. Jail time and fines can accompany these charges, along with restitution that the judge orders, which will equal the amount of support owed.

In addition to fines and restitution, those who fail to make support payments and are found to have the ability to do so can face driver’s license suspension, wage garnishment, having their tax refunds taken or seizing bank accounts.

Seek Help From A DuPage County Support Enforcement Attorney

If you have an ex who is not making the payments that they should be making, you need the help of a skilled and successful support enforcement attorney. Family law courts can be confusing and hard to navigate, but you do not have to go through this process alone. The Law Office of Matthew M. Williams, P.C. can help you investigate your ex’s claims of lack of money or income issues to bring them back in line with your family’s needs. You and your child deserve to get the support that you need. Call 630-409-8184 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,Many things can trigger a move after a divorce – a new job, moving to be closer to family or even a new relationship. When a parent wants to relocate a child after a divorce, they must take certain steps to ensure that they are relocating the child legally and not in violation of any current parenting agreements.

What Is Considered Relocating?

According to Illinois law, you are considered to be relocating if you are moving more than 25 miles from the child’s original home if it is within Cook, DuPage, McHenry, Kane, Lake or Will counties or if the new home is out of state. The law also says that if the original home is not within the listed counties, a move is considered relocation if it is more than 50 miles from the child’s original home.

Who Can Seek to Relocate a Child?

Under Illinois law, the parent who has been allocated the majority of parenting time can ask to relocate a child. It also says that in the circumstance that both parents have equal parenting time, either parent can ask for a relocation.

Relocation Notice

The first thing a parent who wishes to relocate their child has to do is to notify the other parent in writing of the relocation. The notice must also be filed with the clerk of the court. The request must give at least 60 days notice prior to the relocation and must contain the date of relocation, the new address of the child if it is known and the length of the relocation if it is not permanent. It is important for parents to construct a proper notice because courts can use the parent’s failure to comply with the requirements without good cause as a factor in determining whether or not to allow the relocation.

Objections to Relocation

If the non-relocating parent signs the notice prior to filing it with the court, the relocation will be granted without further action from the court. If the non-relocating parent objects to the relocation, the relocating parent must file a petition to relocate. The decision to relocate the child then rests with the court, which will decide based on the child’s best interests. To determine what is in the child’s best interest, the court uses factors such as:

  • The reasons and circumstances for the relocation;
  • The reasons the parent is objecting to the relocation;
  • The history of each parent’s relationship with the child;
  • The current educational possibilities and possible educational possibilities at the new location;
  • The location of extended family;
  • The possible impact of relocation on the child;
  • The impact on parental responsibilities of both parents;
  • The wishes of the child;
  • Possible parental responsibilities arrangements; and
  • Minimization of hurting the parent-child relationship of either person.

Get Help from a DuPage County Family Law Attorney

If you have gone through a divorce, you know how complicated parenting plans are to not only set in place but to modify. A skilled family law attorney can help you with a contested relocation request. The Law Office of Matthew M. Williams, P.C. can assist you with drafting an accurate and effective relocation notice to make your move as easy as possible. Call 630-409-8184 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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