When Employers Fail to Withhold Former Spouse's PayYou can order your former spouse’s employer to withhold money from his or her pay if that former spouse is not making his or her required payments for child support or spousal maintenance. You must send your uniform order of support and a notice to withhold to your spouse’s employer. Once it receives the notice, the employer must:

  • Withhold money from your former spouse's paychecks, starting with the first pay period in the next 14 days; and
  • Send payments to a state disbursement unit within seven business days of the date that the former spouse is paid.

If the employer does not comply with the notice, you can file a third-party complaint against the employer for receipt of the missed payments and a $100 fine for each day that the employer did not comply.

Recent Example

In the case of In re Marriage of Schmidgall, a woman filed a complaint against her former husband’s employer for ignoring her notice to withhold for six months. The woman’s lawyer initially sent the notice to withhold by certified mail in May 2014, but the envelope was returned and marked “refused.” The lawyer sent two more notices in June and August, both of which were returned as “unclaimed.” The employer claims that it did not receive a notice until late December, after which it began to comply. Testimony in the case established that:

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Should You Sell Your Wedding Ring After Your Divorce?You have a sentimental and monetary decision to make in regards to what you should do with your engagement and wedding rings after your divorce. There are three options:

  • Sell the rings;
  • Keep the rings; or
  • Give the rings back to your former spouse if he or she gave them to you.

Studies have found that Americans spend more than $6,000 on average for an engagement ring, and that average may be more than $8,000 in Illinois. Thus, the fate of your rings is highly valuable to you and your former spouse.

Selling the Rings

Illinois courts consider engagement and wedding rings to be gifts between spouses, which means they are separate from marital property. As the owner of the rings, you have the right to sell them and keep all of the proceeds. A premarital agreement could create an exception if the agreement states that you must either return the ring to the original purchaser or share its value as marital property. The value of your rings can still affect your division of property, even if they are not part of the marital property. The court has the discretion to compensate a spouse in the division of property if the other spouse has significant nonmarital properties.

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Determining If You Need a Premarital AgreementFor all of the work that goes into creating a premarital agreement, you want to feel assured that your effort was worthwhile. Premarital agreements settle the same division of property issues as a divorce, which requires accounting for your individual properties and debts. You may feel uncomfortable discussing the possibility of divorce before you have married. Not every marriage needs a premarital agreement. However, you should weigh the potential benefits of an agreement before dismissing the idea because it is at least worth a discussion.

Financial Protection

A premarital agreement is most useful when the parties own several properties from before their marriage. In the agreement, you can:

  • Differentiate between marital and nonmarital properties; and
  • Determine which marital properties you will receive in case of a divorce.

The agreement will protect your ownership of key assets, such as your business interests and retirement benefits. An agreement can still be useful if you have not accumulated many premarital assets. Your spouse may have premarital debts, such as student loans, which you may share responsibility for during your marriage. A premarital agreement can separate the debts you are each liable for in case of divorce.

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How to Dress for Divorce SuccessYour appearance can portray your attitude towards your divorce as much as anything you say or do. Divorce is a formal process in which you are making important decisions that will affect your life and the lives of your children. Dressing appropriately tells others that:

  • You take your divorce seriously;
  • You will behave professionally during the process; and
  • You are organized and responsible.

A divorce court judge is the most important person to make a good impression with by your appearance. The judge will form opinions about your character based on how you dress and groom yourself, which may affect his or her decisions on issues such as the allocation of parental responsibilities.

Attire

The clothing you wear should be formal and tasteful. Business casual is appropriate when you are meeting with your spouse outside of court. At court, you should dress more formally to fit the serious and professional atmosphere. Think of what you would wear to a job interview or important meeting. Men should wear a suit or jacket with a tie. Women can wear a simple dress, tasteful shirt and pants, or a business suit. There are several types of clothing you should avoid wearing, including:

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Marrying for Wrong Reason Often Leads to DivorceMany long-term marriages share traits that create a strong relationship, such as respect, dedication, admiration, and patience. You cannot know whether these attributes will develop and sustain themselves in your marriage, but your interactions before your marriage can foreshadow how you will get along in your marriage. You can more easily predict when a marriage is destined for divorce than when it will succeed. Some couples enter ill-advised marriages because they ignore warning signs of incompatibility or make hasty decisions.

Social Pressure

You may become more anxious to get married as you grow older because:

  • You fear that your chances of attracting a spouse will diminish with age;
  • You want to start a family while you are still biologically capable of doing so;
  • Your family is asking about your relationships and whether you have thought about marriage; and
  • Your friends are getting married, leaving you as one of the only unmarried people in your group of friends.

An unexpected pregnancy may also pressure you into marriage out of a sense of responsibility. Pressuring yourself into marriage can cause you to ignore whether you are compatible with your potential spouse. You settle for someone who meets your minimum qualifications for marriage instead of choosing someone with whom you can develop a strong relationship.

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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