March, 2014 - Chicago Illinois Family Law Blog Archive
What Happens If My Ex-Spouse Doesn’t Pay Court Ordered Child Support Payments?
Non-payment of court ordered child support judgments in Illinois is treated seriously and can lead to serious consequences. If a parent does not pay child support, he or she is subject to enforcement measures according to Illinois and federal child support laws in order to collect both regular and past-due payments.
In Illinois, there is no longer a statute of limitations on back child support payments. Prior to July 1, 1997, Illinois law imposed a 20-year statute of limitations on collection of past-due child support. In 2000, Illinois law imposed statutory interest on past due installments of child support.
Can a Prenuptial Agreement Be Invalidated in Illinois?
If you have signed a prenuptial agreement and are getting a divorce, does it mean that you have signed away your rights during divorce proceedings? The answer to that question can be complicated, especially given the passage of the Illinois Uniform Premarital Agreement Act (IUPAA), which made it more difficult for parties to challenge the validity of a prenuptial agreement during divorce proceedings.
That being said, the IUPPA only applies to prenuptial agreements signed after 1990 and still allows some leeway for courts to invalidate prenuptial agreements.
One consideration the court might factor in is whether it believes the terms of the prenuptial agreement are “unconscionable.” For example, a judge may decide that the terms of the prenuptial agreement were so overwhelmingly one-sided that it is blatantly unfair and can therefore be invalidated.
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