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October 2014 Archives

Determining spousal support in Illinois divorce cases

The state of Illinois has specific factors it takes into account when determining spousal support. These guidelines include the income and property of each party, the needs of each party and the realistic earning capacity of each party. When making a ruling, a judge will generally consider the amount of support needed to help the petitioning party maintain the same lifestyle enjoyed during the marriage.

What happens if a spouse refuses to pay child support?

In Illinois, the law provides potentially serious penalties and repercussions for failing to pay court-ordered child support. A child support order must be followed or else the person violating it may be subjected to a contempt proceeding. In addition to other penalties for contempt, people who fail to pay child support face other consequences.

Requirements to petition for child custody

Under Illinois law, a stepparent, grandparent or another person unrelated to the child can petition the court for custody of a child under certain conditions. The law requires that all conditions be met in order for a person who is not a biological parent to petition for custody. In all matters of child custody, the court examines what is in the best interests of the child.

Determining the issue of child custody

Illinois couples considering the idea of dissolving their marriage must think in a critical way about the vital issues that accompany divorce. These issues include property distribution, spousal support and, in the event that the couple produced offspring, child custody. Spouses and their respective advocates may try to negotiate these issues and come to a settlement that suits both parties' interests on their own. However, if and whenever divorcing couples cannot come to an agreement regarding vital issues such as child custody, a family court will make binding determinations for them.

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