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UNDERSTANDING ILLINOIS EAVESDROPPING LAWS IN DIVORCE CASES

When going through a divorce, emotions can run high, and spouses may be tempted to gather as much information as possible—sometimes by recording conversations. But in Illinois, doing so without proper consent can lead to serious legal consequences.

What Is the Illinois Eavesdropping Law?

Illinois has one of the strictest eavesdropping statutes in the United States. Under the Illinois Eavesdropping Act (720 ILCS 5/14-1 et seq.), it is generally illegal to record a private conversation unless all parties involved give their consent. This is known as an “all-party consent” law.

The law applies to:

  • In-person conversations
  • Telephone calls
  • Electronic communications

A violation of the eavesdropping law is considered a felony offense, punishable by fines and even imprisonment. In other words, secretly recording your spouse during a heated conversation—without their knowledge—is not only inadmissible in court, but it could also land you in legal trouble.

How Does This Affect Divorce Cases?

In divorce proceedings, especially those involving custody disputes or allegations of abuse, parties often want to use recordings as evidence. However, in Illinois:

  • Illegally obtained recordings are generally inadmissible in court.
  • The person who made the recording could face criminal charges.
  • Even if the recording reveals important information, the court may not allow it due to how it was obtained.

Are There Any Exceptions?

Yes, but they’re limited. Some exceptions may include:

  • Law enforcement recordings under specific legal circumstances.
  • Recordings made with consent from all parties.
  • Recording public conversations, where there is no reasonable expectation of privacy.

However, these exceptions rarely apply in domestic situations unless the other party explicitly agrees to being recorded.

What About Recording for Protection?

Some people consider recording abusive or threatening behavior for their own safety. While the law doesn’t automatically excuse this, there may be room for argument if the recording was made to prevent harm and presented in the right legal context. Still, it’s risky—and should only be considered with legal advice.

What Should You Do Instead?

If you’re in the middle of a divorce and think audio or video evidence might help your case:

  1. Talk to an attorney before recording anything.
  2. Consider collecting evidence in other legal ways—like texts, emails, or witness statements.
  3. Focus on working with professionals (attorneys, mediators, counselors) who can help resolve disputes legally and effectively.

Conclusion

Illinois’ eavesdropping law can complicate matters during a divorce if one party tries to secretly record the other. It’s always better to play it safe, respect privacy laws, and consult an attorney before gathering any potentially sensitive information. In family law, evidence is important—but how you get it matters just as much.

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HOW DO I ENFORCE A COURT ORDER FOR SUPPORT OR MAINTENANCE?

MY EX OWES ME MONEY AND WON’T PAY. WHAT DO I DO?

People often call me because they are owed child support or maintenance. They want to know what they can do to get the errant former spouse to comply with an existing court order. Unfortunately, there is no simple answer.

The first step in the process is filing the appropriate document. Typically, it would be a Petition for Rule to Show Cause. This is fancy lawyer talk for “I want the court to force someone to comply with a court order.” On the first court date, the court may “issue a rule” on the verified pleading. This means that the court says there is enough evidence that a violation may have occurred to warrant a hearing, and the alleged violator is ordered to appear in court and “show cause” why s/he should not be held contempt.

The alleged violator is given time to respond in writing and a hearing date is set. For a finding of contempt, the court must find that the alleged violator is WILLFULLY violating the order. Willful means that the alleged violator has the ability to pay and has simply chosen not to do so.

Once a finding of contempt is entered, the judge will set a purge. A purge is the amount that it takes to no longer be in contempt. If a contemnor does not meet the purge, the court can issue a body attachment and s/he can be jailed until compliance.

HOW MUCH WILL IT COST TO HIRE AN ATTORNEY?

If there is a finding of contempt, your attorney can request reimbursement for your court fees. These fees typically include the cost of preparing and filing the Petition for Rule and the hearing on the matter. Most attorneys will expect the client to pay up front, and then the contemnor to reimburse the client. HOWEVER, if no contempt is found, because the conduct is not willful, the client will be responsible for his or her own legal fees.

The amount of fees depends on the work necessary to prepare the Petition and prepare for the hearing. Proving the allegations can be complicated if the alleged violator is self-employed, works more than one job, or has rental income, for example.

If someone owes you money, give me a call and we can discuss your options.

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Illinois Child Support Now Includes Income Sharing

On July 1, 2017, Illinois underwent a major overhaul of it’s child support laws. Before July 1, child support involved taking a certain percentage of the payor’s net income for each supported child, specifically 20% for one, 28% for two, 32% for three, and 40% for four or more. Although the new system appears difficult to understand, the new laws actually help to create a fairer outcome than the previous laws allowed. The new laws help to make sure each parent pays the fair share of raising a child.

Continue reading “Illinois Child Support Now Includes Income Sharing”
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Divorcing a Missing Spouse

Sometimes people have been separated for many years and have never gotten divorced.  They may figure that they have no children, they own no real property,  they have no marital property, or they never plan to remarry, so what’s the big deal? If you have been separated for many years, in the eyes of the court you might as well still be living together because your rights and responsibilities are still the same.  Anything that you have purchased is marital property, even if purchased in your own name.  Your spouse is still entitled to a portion of your pension benefits, and if you die without a will, your spouse will still be able to get a spouse’s share of the intestate estate. The only way to separate your finances from a spouse is through a legal separation, which is a court proceeding, or a divorce. Continue reading “Divorcing a Missing Spouse”

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Other Parent Doesn’t Pay Support. Do I Have to Let Him or Her See the Kids?

The short answer is:  more than likely.

If you are no longer with the other parent of your children, the court entered either a visitation schedule via a parenting agreement, or a parenting plan via an allocation judgment.  This schedule should cover weekly visitation, as well as breaks, birthdays and holidays.  What happens when the parent who has a child support obligation fails to pay?  Can you just revoke that parents’ time with the children?

What does the law say?

According to the law, child support and time with the parent are completely unrelated.  If your children’s other parent is under an obligation to pay support, and has not paid, you cannot withhold the children from visits in retaliation.  In fact, doing so might subject you to a charge of visitation interference.  Visitation interference is a criminal offense in Illinois.  A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor. 

So what do I do?

You send the children regularly for visits and deal with support through the proper channels with the court.  If a parent is not paying support, you can seek help collecting from the States’ Attorney via the IV-D program.  The advantage to the IV-D program is that it’s practically free.  The disadvantage is that it takes significantly longer to get your case to a hearing than if you hire a private attorney.

If you choose to use a private attorney, you will have to pay a retainer up front, but the attorney can seek to have the other parent, who is violating the support order, reimburse you for your legal fees.  The amount that is reimbursed is up to the judge, so it may not be the full amount of what you’ve had to spend to enforce your child support order.

If the other parents has failed to pay due to unemployment, the court can force that parent to keep a job diary, where that person comes to court and reports on job seeking efforts, usually on a weekly basis.

What if, after all this effort, the other parent still hasn’t paid?

When a parent has violated a court order to pay support, the person who is owed support can filed a pleading that asks the court to order the other parent to pay and get caught up.  After a hearing, the court will set the amount owed, and will set a date by which that amount should be paid.  This is called a purge.  If a person has not paid the purge by the date set by the court, the judge can incarcerate the delinquent parent until he or she pays the purge.

Do you need assistance with modifying a visitation schedule or with collecting support?  I practice in Cook, Lake and DuPage counties, and can help you.  Give me a call at (708) 466-6912.