Columbia Divorce and Family Law Blog

Over the past few decades, divorce rates among older adults have doubled. For most older couples ending a marriage in Illinois, circumstances are typically different than what's associated with divorces among younger partners. For instance, child support and custody often aren't part of the equation since children are usually grown. In many cases, the major issue for older soon-to-be ex-spouses is the division of retirement funds and other assets.

Even if a partner is fairly generous with property division arrangements, there are certain rules that apply when 401(k)s and IRAs need to be divided. With annuities, assets may need to be traded off to maintain values. If 401(k) contributions came from mutual income, both partners may be entitled to part of those assets. This sometimes comes as a surprise to older adults, especially those close to retirement.

Many fathers in Illinois are struggling with issues related to child support, especially when they infrequently have the opportunity to spend time with their children. Indeed, some men feel that they were treated unfairly in family court, especially in terms of the amount of child support they are required to pay each month. However, engaging actively in the process can help fathers to secure an outcome that is more just and fair and recognizes their role in their children's lives.

When parents decide to divorce, child support can be part of the original divorce decree. The issue can be brought up again later as well, especially if changes occur that affect a father's ability to pay. It is important for fathers to protect their rights during the divorce negotiations in terms of property division and alimony as well as child support, because the financial damages inflicted by divorce can also injure a father's ability to provide child support. This includes providing accurate, correct information about income during the divorce and to state agencies. By doing so, fathers can prevent the assignment of an imputed income which can be far greater than their actual paychecks.

Some parents in Illinois may be struggling to collect child support from their exes. The parent who is owed support may suspect the other parent of underreporting income or deliberately earning less in order to avoid higher child support payments. The latter is known as "voluntary impoverishment," and there are ways to detect if this might be happening.

The office of child support enforcement can assist a parent in collecting support. If the parents do not already have a legally binding support arrangement in place, this office can help in filing for one. The office can also investigate if there is unreported income. One way to do this is by looking into whether the person has recently applied for a purchase on credit and to examine the sources of income reported on the application.

A study by the Urban Institute found that 70 percent of the total child support debt owed in Illinois and across the U.S. is owed by parents who have no reported income or make less than $10,000 per year. Often, parents go into court on child support matters without a lawyer because they cannot afford one. They may be unprepared and uninformed regarding the basics of family law.

Many parents who are subject to child support orders do not know, for example, that they can ask the court to reassess their monthly payments if they change jobs or their financial situation otherwise changes. Failure to make required payments due to financial hardship can have damaging consequences: The non-paying parent may lose his or her driver's license or be sentenced to jail time. Both of those consequences can make it harder for the parent to earn money thereafter.