Originally published: October 15, 2020 -- Updated: May 11, 2023

Update: As mentioned below, it may be necessary to establish paternity for a child even if a parent has died. By following the proper procedures to recognize that a person is the child's biological father, the child will be able to receive an inheritance from their father, which can provide them with substantial financial benefits both immediately and in the future. However, there are a number of other benefits of establishing paternity, including:

• Social Security benefits - Children who are under the age of 18 and unmarried can receive Social Security benefits through a deceased parent. If the parent was retired or received disability benefits, the child will generally be able to receive 50 percent of the benefits the parent was being paid before their death. If the parent had worked a sufficient amount of time and paid Social Security taxes, the child will generally be able to receive 75 percent of the basic Social Security benefit the parent would have been entitled to.

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If you are a business owner who is contemplating divorce, you may be wondering how the end of your marriage will affect your ability to continue owning and operating your business and generating income. This is a valid concern, and you may be worried that your divorce may affect both your personal life and your career, leading to disputes over the ownership of your business, as well as potential financial difficulties. By understanding how the divorce laws in Illinois may affect your business, the methods that may be used to establish the value of business assets, and your options for handling ownership of the business going forward, you can make sure you will be prepared to protect your interests during the divorce process.

Property Division and Business Assets

During your divorce, your marital property, which may include business assets, will be divided between you and your spouse. If the business is considered a marital asset, it will be subject to property division. As you determine how ownership of your business will be addressed during your divorce, you will need to consider the following:

• Was the business established or acquired during the marriage? If so, it will be considered marital property.

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Illinois courts consider child support to be the child's right. Every child deserves to have financial support from his or her parents, even if the parents are unmarried or divorced. When an official child support order is issued, the parent is required to pay the full amount, on time. Chronic failure to pay child support can lead to significant consequences.

Penalties for Failure to Pay Child Support

It is important to note that this blog discusses official child support orders, not handshake agreements between the parents. If a parent is not complying with a child support order, he or she can face a range of adverse consequences, including:

• Debt collection through a collection agency

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Parents often disagree about how child custody matters should be handled. For example, one parent may wish to have virtually all of the parental responsibilities and parenting time, while the other parent believes that custody should be split 50/50. Parents may also disagree about where their child should go to school, the types of extracurricular activities or religious practices the child should be involved in, or countless other issues.

When divorcing parents disagree regarding child-related legal issues, the court may require the parents to attend mediation. If you are a parent who is planning to divorce, make sure you understand Illinois laws regarding mandatory mediation.

When Does the Court Require Mediation?

Typically, mediation is ordered by the court if the parents disagree about the provisions of the parenting plan. Mediation allows the parents to discuss the issue and work toward a solution without the court’s involvement. Illinois courts typically want to avoid child custody cases becoming highly litigious because this is not typically in a child's best interest. So, the first step is going to mediation.

When we talk about child custody and visitation, we usually do so in the context of parents spending time with their children. However, Illinois law allows certain non-parents to receive court-ordered visitation in certain situations.

According to Illinois law, grandparents, great-grandparents, stepparents, and siblings may be granted visitation rights.

When is a Family Member Able to Receive Visitation?

When somebody has court-ordered visitation, they are guaranteed the right to spend time with the child. This can be useful for situations involving family conflicts or when a child's parent refuses to let them see a family member.