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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.
Considerations for Stay-at-Home Parents in Divorce
Raising a child is practically a full-time job in and of itself. Some married couples split up the labor of taking home a household income and taking care of children separately. This system can work for many families, but it begs the question – what happens in a divorce? A stay-at-home parent may be concerned about transitioning out of the marriage, especially if he or she has not been in the workforce for some time.
If you have concerns about a pending divorce as a stay-at-home parent, an Illinois family law attorney can help. At Shaw Sanders, P.C., our divorce lawyers can represent you in negotiations for a settlement or in litigation, standing up for your rights.
Are Stay-at-Home Parents Entitled to Alimony?
Strictly speaking, nobody is guaranteed alimony in a divorce. Instead, judges evaluate each divorce on a case-by-case basis to see if alimony is appropriate. A stay-at-home parent could be considered eligible for alimony if he or she does not have the means to become self-supporting. This may be true if the stay-at-home parent does not have enough independent income or savings, or lacks the education or training to find a job easily.
Am I Eligible for an Order of Protection?
If your safety has been threatened by domestic violence, you might be plagued by feelings of anger and powerlessness. You do not deserve to live your day-to-day life in a state of perpetual fear. By filing for an order of protection, you can get relief from unwanted abuse and harassment. If you are not sure you qualify for an order of protection, an Illinois family law attorney can review your case.
There are many different situations in which you can file a restraining order against an abuser. At Shaw Sanders, P.C., we stand as dedicated advocates for survivors of domestic violence. We can help you explore your options for protection and take legal action on your behalf.
Restraining Orders for Physical Abuse in Your Family or Household
If you have been physically abused by someone in your family or household, you may qualify for a protective order. This could apply to a number of personal relationships, including your current or former spouse, romantic partners, the biological father or mother of your child, your caregiver, or any other blood relation.
How Can I Avoid Commingling My Assets?
The division of marital property in your divorce can be tedious to deal with. One of the biggest questions you may have is how you draw a line between marital property and separate property. When your separate property becomes tangled together with the marital estate, it could be subject to division in court. An Illinois divorce attorney can explore your options to protect your property from becoming commingled.
At Shaw Sanders, P.C., we believe that smart negotiation is the key to effectively resolving a divorce as painlessly as possible. Our lawyers can help you work toward an optimal split of property while also protecting your personal assets.
Can a Prenup Prevent Assets from Becoming Commingled?
Often, assets acquired before marriage end up commingled when they are placed into a shared bank account. A prenuptial agreement can help protect your separate assets from division in a contested divorce.
What Does a Mediator Do?
There are many ways to resolve a divorce with or without the court’s involvement. Mediation is one of many methods to finalize the end of your marriage with your spouse, with a focus on collaboration. A certified Illinois mediator can help facilitate a smooth, low-conflict divorce with your spouse, offering a more relaxed experience than you would likely find in the courtroom.
At Shaw Sanders, P.C., we can help you pursue mediation as a viable way to finalize a divorce. We will endeavor to ease your concerns through your divorce, working toward a solution that leaves all parties satisfied. Our St. Charles, IL family law attorneys are highly familiar with mediation, and we can review your case to see if it is the right solution for you.
How Do Mediators Optimize Divorce Proceedings?
Mediators who help couples reach a divorce settlement they can both feel comfortable signing can ease the process for those couples in various ways:
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