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Does A Court Get Involved if My Ex Is Not Paying Off Divorce Debt?
Dividing debts is an important part of many divorce settlements, but what happens when one spouse stops making payments on a debt that was assigned to him or her? Many divorced people find themselves in a difficult situation when they realize that a creditor is still holding them responsible for a loan, credit card balance, or mortgage — especially when missed payments negatively impact their credit score.
If you are facing this issue, you may have legal options. While Courts cannot change debt agreements with lenders, they can enforce divorce settlements and take action against a spouse who fails to meet his or her obligations. An Illinois divorce lawyer can help you understand your rights and determine whether bringing a motion to enforce your divorce decree is your best option.
Why Am I Still Responsible for My Ex’s Debt After Divorce?
During a divorce, a Judge distributes responsibility for debts through a settlement agreement or Court order. However, divorce agreements only deal with obligations between spouses — they do not change the terms of existing contracts with creditors. If your name remains on a jointly owned debt, such as a car loan or credit card, the lender can still hold you responsible if payments are missed, even if the divorce decree states that your ex is supposed to pay it.
What Evidence Gets Used in Divorce Court?
Most divorces in Illinois do not reach the Courtroom. Instead, they are settled through negotiation or mediation. When a divorce does go to trial, the Court relies on strong evidence to make decisions. An understanding of the kind of evidence that could be used in divorce litigation is important for anticipating what you will need to do to get ready if you think your divorce is heading to trial.
An experienced Illinois divorce attorney with The Law Office of Nicholas W. Richardson, P.C. can help you understand what evidence may be used in your specific case, negotiate for you outside of Court, and, if you do go to Court, ensure your rights are protected.
The Role of Discovery in Divorce Cases
Before a divorce case goes to trial, both spouses go through a stage called discovery. Discovery is the formal process of exchanging information and evidence. Discovery allows each side to gather important details about finances, property, and other key issues. The main types of discovery methods include:
Financial Planning for Divorce Later in Life
For those ending a long-term marriage later in life, financial concerns often take center stage, primarily because people nearing retirement or already retired must carefully plan for their future. A well-structured divorce settlement is particularly important in these situations; such a settlement can help protect assets, secure future income, and prevent unexpected financial hardships. If you are considering divorce but have concerns about how it could impact your finances, an Illinois divorce lawyer can help you make informed decisions. Here are just a few things everyone considering divorce should think about.
Anticipate the Impact on Your Retirement Savings
Many types of retirement funds, including 401(k)s and pensions, require a Qualified Domestic Relations Order (QDRO) to split the funds without penalties. A QDRO is a court-approved document that allows one spouse to receive a portion of the other spouse’s retirement account. Without a QDRO, withdrawing funds could result in taxes and early withdrawal penalties.
What is a QDRO and How Does it Work?
Getting divorced is almost always a major financial stressor, but this is especially true when the person getting divorced is over 50 and approaching retirement age. The financial implications of divorce at this age can be especially pressing because there may not be much time to contribute to savings, investments, and other sources of retirement income.
If you are considering divorce and either you or your spouse has investment accounts that are marital property, Qualified Domestic Relations Orders will probably be an important part of your divorce. Whatever challenges your finances present during divorce, our Illinois divorce attorney is here to help.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a legal document that directs a retirement plan administrator to divide a retirement account between the account holder (the plan participant) and their former spouse (the alternate payee) as part of a divorce settlement. QDROs are required for certain types of retirement accounts governed by federal law, such as 401(k) plans, pension plans, and other employer-sponsored plans.
Five Terms to Know if You Are Getting Divorced with Children in Illinois
Although divorce as a concept is fairly well understood, each state handles the details differently, including the words that are used to describe well-known concepts. Illinois, in particular, has laws that use different words and phrases than most of us are used to when it comes to divorce and child custody.
If you are considering a divorce and have children under the age of 18, the definitions of these terms will be important for you to know. Read through this list and then call our Illinois divorce attorney for more information.
What Does "Parental Responsibilities" Mean in Illinois?
This is one of the most frequently asked questions from people getting divorced in Illinois. Formerly known as custody and visitation, the term "parental responsibilities" covers the entire spectrum of what parents are expected to do for their children. Parental responsibility is broken down into three further categories:
Can I Get Custody of My Kids if I Have a Criminal History?
Even in the best circumstances, figuring out custody of your child in a divorce is still a difficult experience. This is even more true if you have a criminal history. Your spouse may not have cared about your criminal history when you first met, but may try to use it against you. Likewise, you may also wonder if an active criminal case will affect the child custody process.
Thankfully, Illinois law takes a careful approach to these cases, focusing on the best interests of the child rather than strictly penalizing a parent for their criminal record. An experienced Illinois family law attorney with The Law Office of Nicholas W. Richardson, P.C. can help you navigate this process and build a case for custody, even with a criminal history.
How Does a Criminal Record Impact Custody Decisions?
Illinois Courts make custody decisions based on the best interests of the child. While a criminal history is a factor the Court may consider, it is not the sole or necessarily even the most important factor. The Court will evaluate the nature of the offenses, how long ago they occurred, and whether they directly impact your ability to be a good parent. For example:
What Are the Steps of Divorce?
Very few people getting divorced have ever done so before and naturally have important questions about what the divorce process looks like. Divorce follows more or less the same steps for everyone, although the exact timeline and specific steps can vary from case to case.
If you are thinking about getting divorced and wondering exactly what the process involves, this blog is for you. At The Law Office of Nicholas W. Richardson, P.C., our Illinois divorce attorney is ready to answer any other questions you may have and make divorce as clear and straightforward as possible.
Filing for Divorce
Although divorcing couples have often had a strained relationship before filing for divorce – sometimes even for many years – the divorce process in Illinois does not formally start until one spouse files for divorce. f
Help! My Ex Took My Child Out of Illinois
as taken your child out of the state without your permission can be scary, to say the least. You may be worried about your child's safety and unsure of your legal rights or what steps to take next. If you are in this situation, you are not alone. An experienced Illinois family law attorney can help you act quickly, navigate this challenging situation, and protect your parental rights and your child's well-being.
Can a Parent Just Decide to Take a Child Out of State?
Under Illinois law, parenting agreements play a major role in determining whether one parent can take a child out of state. If you and your ex have a court-approved parenting plan, it might already have specific rules about travel and relocation.
Generally, even a parent with sole or primary custody must get either the other parent's consent or court approval before relocating a child more than 25 miles from their home. A parent who takes a child out of Illinois without following the proper legal procedures may be in violation of the custody agreement or court order.
What if I Don't Want to Sign a Prenup?
Prenuptial agreements (sometimes called "prenups" for short) are legally binding contracts that two people who plan to get married write and sign before the wedding happens. Like any other contract, as long as the prenup is written and signed according to the law, judges will usually see the prenup as valid if a couple gets divorced. Whatever the prenup discusses, as long as it is legal, the terms could be enforced in a divorce decree.
Although prenuptial agreements have become more popular in recent years, they are not always a good option for everyone, and unfortunately, they are sometimes used as a tool of power by one person or his or her parents. If you are dealing with issues involving a prenuptial agreement, contact an Illinois family law attorney before you sign anything.
What Happens if I Do Not Sign the Prenup?
Relationships are complicated and people often change their minds or decide that something they previously agreed to is no longer something they are willing to do. Unless you are sure that signing a prenup is in your best interest, you can decide at any time before the wedding not to sign it. If you have already signed a prenuptial agreement but have not yet gotten married, the prenup does not do anything until you are legally married to your spouse.
Child Support Pass-Through Payment Rule Helping Families
The child support pass-through payment rule signed by Governor Pritzker went into effect in July 2024. Until this rule was enacted, Illinois withheld a portion of child support payments to cover operational costs. Now, the entire child support payment will be given to the family, and the department's budget will be increased to cover this gap. Families will also receive a check issued by the Illinois Office of the Comptroller for amounts that were deducted for operational costs from January 2023 to July 2024.
This rule benefits low-income families with children who are current or former recipients of Temporary Assistance for Needy Families (TANF). Illinois is now the first state in the nation to ensure that families receive the entirety of child support money. Other states still appropriate a portion of child support to cover their own departmental costs. This change can help families who depend on child support and TANF for their basic needs. Children will now benefit from the full amount of child support that is paid, helping struggling families who need every single dollar to survive.
Introducing The Law Office of Nicholas W. Richardson
Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.
The Law Office of Nicholas W. Richardson, P.C. serves clients in Illinois cities such as Palatine, Schaumburg, Inverness, Arlington Heights, Rolling Meadows, Glenview, Hoffman Estates, Bartlett, Des Plaines, Elk Grove Village, Mt. Prospect, Niles, Prospect Heights, Skokie, Streamwood, Barrington, Buffalo Grove, Wheeling, and others throughout Cook County, DuPage County, McHenry County, and Kane County.
Results listed are not a guarantee or indication of future case results.
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847.873.6741
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