Family Law & Divorce
Child Related Issues
Can I Deny Visitation If My Ex Does Not Pay Child Support in Illinois?
It can be deeply disappointing and difficult when an ex is not paying his or her share of child support. Even though it may seem fair to deny their parenting time or visitation until you receive your financial support, there are other measures you can take. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help explain why denying visitation does not have to be done and help you explore the different options you have.
You may not deny your ex spouse visitation of your child because, under Illinois law, parenting time and paying child support are treated as completely separate issues. The reason for this is because by denying your ex parenting time you are also penalizing your children. The Child Support Enforcement Act of 1984, among other protections, provides you support to help collect what is owed from your ex-spouse.
In most circumstances, the court will serve your former partner with a legal notice. If your ex still does not pay, he or she can receive other consequences such as:
- Seizing of property;
- Garnishing wages;
- Retracting federal tax refunds in order to pay child support;
- Revoking a driver's license;
- Denial issuing them a new passport;
- Suspending occupational license in certain fields; or
- Suspending a license to run a business.
The final consequence is jail time. Although, this alternative is not often pursued because if the nonpaying parent is in jail, we or she cannot pay the child support owed.
We are sympathetic with the frustrations that deal with a spouse who is not paying their proper child support payments. However, there are different approaches we can take to engage in so you receive proper support. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we will do what is best for you and your children in these situations. Contact us to set up a consultation by calling 630-665-7300. If you are located in DuPage County, Kane County, or Kendall County, we are here to help.
Other Than My Income, What Can Affect My Required Illinois Child Support Payment?
When the court is deciding required child support payments, there are factors that can come into play besides just your income. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help explain these details and offer advice moving forward. We have handled many family law and child support cases over the years, and we are prepared to assist you through your matters as well.
One factor that can affect your required child support payment is the amount of parenting time that you have with your children. When it pertains to pay for daycare, extracurricular activities, and uncovered medical expenses, there are a few different ways the courts will rule on who is required to pay. The court may issue that both parents contribute in addition to their regular amount they pay for child support. In some cases, the court may implement a maximum limit on the amount of additional expenses you need to provide.
When minor children attend after-school activities, summer camp, or other childcare needs, it can either be seen as a luxury or necessary if both spouses work full time. If the courts deem this type of childcare necessary, the noncustodial spouse may be expected to supply one-half of the cost. This is because, presumably, if the family unit had remained the same, you and your spouse would have treated childcare as a necessary cost.
Exceptions can be made if your child is old enough to live without childcare or if the custodial parent is not working. In the latter case, the parent who wants their child in childcare would be responsible for paying for that cost unless there is an agreement with the other parent for splitting those charges.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand that navigating all the logistics that comes with the financials of divorce such as child support can be strenuous. Our team will be with you every step of the way to ensure you have answers to all of your questions. To set up an initial consultation, call 630-665-7300. From our main office in Wheaton, we assist clients in Naperville, Carol Stream, Downers Grove, and many surrounding cities.
Can I Be Forced to Pay for My Child to Attend an Ivy League School?
Illinois law previously allowed children to sue their parents for college expenses. In 2016, the state put an end to that option. Now, a parent does not have to worry about the possibility of being sued by his or her own child. But, what if your child wants to attend an Ivy League School you cannot afford to contribute?
Illinois courts will examine the financial situations between both parents and the child to decide if an Ivy League School is suitable for the child. Each case is different but, in most cases, the courts typically rule in favor of the child attending a school that is only as expensive as or less than what an Illinois resident would pay to be enrolled at the University of Illinois.
A key concern for parents during the process of their divorce is if they will be allowed any decision making in the selection of schools for the child. Should you as a divorced parent, however, be forced to pay for an education that you could refuse if you were still married?
The law has no requirement that the parents have any say on which school their child will or will not attend. In certain scenarios, if a public school offers the same benefits and courses, your child may have to attend the latter in order to receive financial assistance from you.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are here to tackle any and all questions from you regarding your child's college expenses following a divorce. Contact us at 630-665-7300 to set up an initial appointment with one of our skilled attorneys. We serve residents in DuPage County, Kane County, and Kendall County. Our main office can be found in Wheaton, Illinois.
Will I Have to Pay Alimony After My Illinois Divorce?
There are many factors that come into play when the court is deciding who will be the one paying and who will be the one receiving alimony (also known as spousal maintenance or spousal support). Often, those going through a divorce think that if someone is the cause or at fault for the divorce, that they will be responsible for paying. In Illinois law, however, the courts do not examine who is at fault or any marital wrongdoings.
The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC are available to help explain all of the parts that come into play when the court is deciding who will be paying spousal support in your divorce. Here is a list of factors the courts review:
- Both spouses' incomes;
- Present and future earnings for each spouse;
- The standard of living during the marriage;
- The length of the marriage;
- Any damage to earnings such as domestic responsibilities like childcare or giving up work, school, training, career opportunities because of the marriage;
- If the spouse requesting alimony contributed to school, work, training for the spouse; and
- Any previous valid agreements between the parties.
If the spouse with the lesser income is fully able to work, he or she will be allowed money for a period of time to be able to complete any education or training in order to raise their economic standing to what they were used to having during the marriage. In some scenarios, there may even be temporary maintenance during the proceedings to provide financial support until the court comes to a final conclusion on how much support should be allocated.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we want to make your divorce transition as smooth as possible. We have been assisting clients through their divorces all throughout DuPage County for decades. We help clients in Wheaton, Naperville, Downers Grove, Oak Brook, and much more. Contact us by calling 630-665-7300 to set up an appointment with one of our skilled attorneys.
Can My Spouse and I Decide How to Split College Expenses in Our Illinois Divorce Settlement?
Divorces can be stressful, with so much at stake, and many times conversations end in disagreements. In some instances, however, agreements over child support issues and other family law matters can be reached. Oftentimes, in the middle of a divorce, the subject of splitting your child's college expenses comes into the conversation. Divorcing couples often wonder if they are allowed to agree on a set split of college expense payments or if they should wait to speak with attorneys to settle the decision.
If you can reach an agreement, you and your spouse can absolutely come to terms on an amount or percentage you will each have to contribute. This is just one of many family law issues we deal with at Mirabella, Kincaid, Frederick & Mirabella, LLC. We have dedicated decades to the practice of divorce and family law. It is recommended, however, that you discuss these terms with your attorneys to ensure that any disputes that arise if the future can be handled easily
A college expense agreement is subject to change if you or your spouse endure significant hardships that affect your financial situation. At MKFM Law, we pride ourselves on being one of the most established firms in DuPage County to handle cases such as these. Having an agreement regarding child support and college expenses will help you be prepared for your child's future and any changes that occur.
If you have questions involving child expense agreements or another family law matter, please call 630-665-7300 to speak with a skilled attorney. Schedule an initial consultation to discuss your options and to make sure your child's expense plan is taken care of. We serve towns in DuPage County, Kane County, and Kendall County, and our office can be found in Wheaton, Illinois.