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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

Support Orders, Missed Payments, Illinois family law attorneyIf you are a divorced parent, chances are you and your former spouse have a child support agreement in place as part of your divorce settlement. When you have a child support agreement, your spouse is required to pay you a specified amount of money every month, every week, or according to another schedule drafted by the court, until your child becomes an adult. This is to help you cover the costs that come with raising a child such as groceries, clothing, shelter, academic support, and extracurricular activities.

When a parent fails to make his or her child support payments, the child is the one who suffers. Custodial parents might find themselves stressed or feeling overwhelmed when they don't receive the financial support their former partner agreed to pay. Failing to pay child support is a violation of a court order and can carry civil and criminal penalties under the Illinois Non-Support Punishment Act. If your spouse is routinely late with child support payments or has not made a payment in months, you have the right to get the court involved to get the money your child deserves.

The First Missed Payment
Before going to the court, talk to your former spouse. He or she might be going through a difficult time financially and just need some time to catch up on the payments. The keys to successfully co-parenting your child are communication and understanding. Give your former spouse the chance to explain him or herself and see if you can work out a solution where he or she pays what he or she can at the time. If he or she is truly facing financial hardship, suggest that he or she seek a child support modification.

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grandparent visitation rightsIf your child has recently gone through a divorce, you are likely wondering how his or her custody arrangement for his or her children will affect you and your time with your grandchildren. You might be wondering what rights you have to spend time with your grandchildren and whether or not time with you is considered as part of their custody arrangement.

The short answer to your questions is this: unless you have court-ordered custody of your grandchild or grandchildren, your child and his or her former spouse are not legally required to have their child spend time with you

However, if you are routinely denied the opportunity to spend time with your grandchild, you may file a petition to have the court grant you visitation rights with your grandchild. Visitation rights are written into the Illinois Marriage and Dissolution of Marriage Act along with other laws related to child custody and support.

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property divisionIf you are going through a divorce or considering beginning the process soon, you and your spouse will have to work with the court to divide your property. Knowing that you could soon lose a portion of your shared assets and property to your spouse can be daunting, but do not allow yourself to become overwhelmed. Property division is an important part of nearly all divorces. Your attorney should be able to guide you through this and the rest of the divorce process.

One of the best ways to prepare yourself for the property division process is to understand how the process works. The court considers multiple factors when it divides property among divorcing couples and tries its best to reach settlements that are fair to both parties. Be honest with your attorney and your spouse about your goals and desires for your divorce settlement. Most divorces are settled outside of court in a process known as alternative dispute resolution. If you have a fairly amicable relationship with your spouse, this could be a productive option for you. Ask your attorney about alternative dispute resolution to learn more about whether or not it would be advisable for you to pursue this route.

Types of Property

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Illinois custody arrangementsThere are lots of terms that come up during a child custody hearing. If you are currently working through such a proceeding or considering filing for divorce in the near future, it is in your best interest to familiarize yourself with the terms and procedures related to child custody before beginning the process. Illinois' laws regarding child custody arrangements are written into the Illinois Marriage and Dissolution of Marriage Act. By understanding how custody arrangements and other legal decisions regarding children are made, you are better prepared for your own custody hearing.

Types of Custody Arrangements

In Illinois, two separate types of custody are recognized: legal custody and physical custody. A parent can have either type of custody solely or as part of a joint custody arrangement.

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hidden assetsAny asset that an individual conceals from his or her spouse may be considered to be a hidden asset. During the divorce process, an individual might attempt to hide his or her assets to avoid sharing them with his or her former partner. These assets can be anything from cash or valuables to mutual funds, stocks, and vehicles.

The legal process to find these assets is known as discovery.

Types of Assets

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