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Recent Blog Posts
What Can I Do to Collect Unpaid Child Support?
Child support is frequently ordered after a divorce to prevent undue hardship to the main custodial parent. It also ensures that the child’s basic needs are not adversely impacted by the divorce. Although child support orders are legally binding, some parents still refuse to pay. If you need help collecting child support payments, consider working with a Kane County, IL family law attorney.
Depending on your financial situation, your need for child support might be urgent. Our firm is prepared to take aggressive action to help you get the payment you deserve. We can pursue different enforcement actions to uphold the court order.
Wage Garnishment for Unpaid Child Support
If your ex refuses to pay child support, the courts can collect the missing payments directly. When you petition the court to garnish your co-parent’s wages, the court may collect the required payment directly from your co-parent’s paycheck. If necessary, the funds can be withdrawn from your co-parent’s wages, unemployment benefits, or workers’ compensation benefits. The court can even intercept a tax refund to collect what you are owed, plus interest.
Who Is Responsible for Paying Support After a Divorce?
Just because a divorce decree is finalized does not mean that the parties are free of responsibilities to each other. It is common for divorces to come with orders of financial support, usually in the form of alimony or child support. If you are currently going through a divorce, or you need help negotiating your obligations after a divorce, a St. Charles, IL family law attorney can help.
At Shaw Sanders, P.C., we have years of experience negotiating for our clients in divorce cases. Our firm can provide you with legal advice and representation for any issues regarding court-ordered support in your divorce.
Who Pays for Alimony?
In virtually every case, spousal support is paid by the higher-earning spouse to the lower-earning spouse. Depending on the circumstances of the divorce, alimony may only be a short-term arrangement, or it may last for multiple years.
Protecting Family-Owned Assets in Your Divorce
Property division tends to be one of the biggest points of contention for divorcing couples, and for good reason. Over the years, a married couple may accumulate a large amount of property with high worth, sentimental value, or both. When family-owned assets become involved, it can be difficult to untangle them as separate property. By enlisting the help of a St. Charles, IL divorce lawyer, you can take steps to protect your assets.
At Shaw Sanders, P.C., we know that the division of property can be incredibly meaningful in a divorce. When you work with our firm, we will strive to preserve assets that have been passed down or gifted to you by family.
Are Inheritances Excluded From Division?
It may comfort you to hear that inheritances are generally treated as separate property in Illinois. However, this does not mean that your inheritance is automatically safe from division. When separate property mixes together with marital property, the separate property becomes "commingled." This means that it is indistinguishable from shared property.
Common Misconceptions About Prenuptial Agreements
Many people have a rough idea of what a prenuptial agreement or "prenup" is, but not everyone is privy to how they work. This leads to misconceptions being perpetuated that turn people away from drafting or signing a marital agreement with their spouses. To the contrary, a prenuptial agreement is a powerful tool that can be used to protect your and your spouse’s best interests in the event of a divorce. By working with an Illinois family law attorney, you can create a sound prenup that satisfies everyone involved.
At Shaw Sanders, P.C., we understand that getting engaged is a massive commitment. We can help you and your spouse-to-be get important terms in writing to ease your worries.
Prenups Cannot Be Modified
Some people get anxious before signing a prenuptial agreement, believing it to be a decision that cannot be changed later. While a prenuptial agreement is legally binding, it can absolutely be modified after signing. One possible way of altering a prenup is to create a new prenup, which nullifies the old one. You could also consider signing an agreement after your wedding, known as a postnuptial agreement.
What Happens if My Ex Stops Following Our Parenting Agreement in Illinois?
When a parenting plan is approved by the court in a divorce or custody case, it becomes a legally binding order. So what happens when one parent stops following it? Ignoring scheduled parenting time, interfering with communication, or making major decisions are violations that can create significant stress for both the other parent and the children.
At Shaw Sanders, P.C., we guide parents through resolving these violations, whether through negotiation, mediation, or litigation when necessary. Call our St. Charles, IL family law attorney to learn more about how we can help you.
Is Violating a Parenting Plan Illegal in Illinois?
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600), parenting plans approved by the court are enforceable orders. Violations of following the plan include refusing to allow parenting time, regularly being late or skipping exchanges, failing to consult on major decisions like education or medical care as required by the parenting plan, and withholding important information about the child. As of June 2025, Illinois courts continue to take these violations seriously and have a range of options they use to enforce the terms of a parenting plan.
Can I Change My Parenting Plan Without Going Back to Court in Illinois?
After a divorce, parents often find that their original parenting plan does not always suit their reality as their child grows or circumstances change. In Illinois, parenting plans are designed to provide stability, but they do not need to permanently remain the same. Parents in St. Charles and throughout Kane County often wonder whether they can make changes informally, or if they need to return to court.
The short answer is: Some minor adjustments may be made informally if both parents agree. But to legally change the parenting plan and ensure the new arrangement is enforceable, you will likely need court approval. To learn more, speak with an experienced Kane County, IL family law attorney.
What Does Illinois Law Say About Modifying Parenting Plans?
Under Illinois’s 750 ILCS 5/610.5, parenting plans can be modified if doing so serves the best interests of the child. However, the process depends on several factors, including how long it has been since the plan was entered and whether both parents agree to the change.
Can I Fight a Claim of Paternity?
If someone has named you as the biological father of a child in Illinois, you do not have to accept it if you think it is untrue or meant to embarrass you. You have the legal right to challenge paternity through the courts, but it is essential to act quickly to protect yourself and your future.
In Illinois, paternity law is governed by the Illinois Parentage Act of 2015. This statute outlines how paternity is established and how it can be contested. As of June 2025, a man can fight a false paternity claim by filing a petition to contest parentage in the Circuit Court of the county where the child or alleged father resides. Call our Kane County, IL family lawyers to learn more.
What Should I Do If I Am Falsely Accused of Being a Child’s Father?
If you have been served with a notice of paternity or child support and do not believe you are the child’s biological parent, you must respond. Ignoring the claim can lead to a default judgment, which may obligate you to pay child support even if you are not the father.
Can I Get a Joint Simplified Divorce in Illinois if I Have Kids?
Illinois allows certain spouses to end their marriage through a faster, less expensive process known as a joint simplified dissolution of marriage. This option is designed for couples without children or complex financial issues who are largely in agreement about how to divide their property.
As of June 2025, the process remains available under Section 452 of the Illinois Marriage and Dissolution of Marriage Act, but only if you do not have kids. If you do not have children and want to avoid a drawn-out divorce, you may be able to use this procedure — but you must meet all the other requirements as well. Talk to our St. Charles, IL simplified divorce lawyer to learn more.
What Are the Requirements for a Joint Simplified Divorce in Illinois?
You can only use the joint simplified process if both spouses agree and meet all of the following conditions:
Why Uncovering Hidden Assets Is Important for Your Divorce
If you are going through a high-asset divorce, you may have hundreds of thousands of dollars’ worth of marital assets that need to be divided fairly. Accounting for all of these assets is not just recommended – it is a necessity to protect your financial future. With the help of an experienced Illinois divorce attorney, you can uncover hidden assets and take steps to safeguard your wealth.
At Shaw Sanders, P.C., we understand the significant impact that divorce proceedings have on your finances. When you work with our firm, we will take the time to document all of the assets in your marital estate. Your best interests are our priority, and we will do everything we can to protect you.
How Hidden Assets Can Affect Spousal Support
If your divorce goes to court, alimony may be a major consideration. When deciding whether or not to award spousal maintenance to either you or your spouse, the judge will consider your total financial resources.
What Will a Judge Consider Before Awarding Spousal Support?
Spousal support, also called maintenance or alimony, is a legal method for spouses to obtain financial relief after a divorce. It is paid by the higher-earning spouse to the lower-earning spouse, usually for a period of time proportionate to the length of the marriage. However, not every divorce comes with an order of spousal support. It is ultimately up to the judge to decide whether or not alimony should be paid out, based on several factors.
If you are looking for a shrewd Illinois divorce attorney to help with alimony negotiations, consider working with Shaw Sanders, P.C.. No matter where you stand in a dispute over spousal support, we will provide you with legal advice and representation to protect your financial future.
What Was the Standard of Living During the Marriage?
When spouses pool their resources together, they can live above their individual means. Of course, this also means that getting divorced often requires an adjustment. If your divorce would cause a drastic shift in your living situation, you might receive greater consideration for alimony.
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