Legal Question in Family Law in Illinois

children

if i file for divorce and the grounds are mental cruelty, and adultry. is it possible to sue the other woman?

if i file for child support during the divorce, and the judge orders my husband to pay a certain amount beginning on a specific date, can he stop the payroll department from dispensing the check if he knows the person who is in charge of payroll? How do you prevent that from happening?


Asked on 3/14/01, 1:22 pm

1 Answer from Attorneys
Jeffrey Sakol Law Offices of Jeffrey N. Sakol

Re: children

In Illinois there is a cause of action for Alienation of Affections against a third party. Howerver, you may only be awarded actual damages sustained. This means that you can not sue for pain and suffering, humiliation, loss of consortium, ect. Alienation of Affections statute can be found at 740 ILCS 5/1.

With regard to your second question, if a Notice to Withhold Income is served on an employer, they have a legal obligation to comply. If they refuse, they can be fined up to $100.00 per day.

Furthermore, your Husband would still be responsible for paying the support. If he fails to do so, he could be found to be in contempt.

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Answered on 5/23/01, 2:01 pm


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