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IL family lawyerIf you are currently divorced or soon will be, you probably have questions about the financial implications of your divorce. One issue that many divorced parents are concerned about is their child’s college expenses. The average tuition for an Illinois public college is just under $5,500 a year. For out of state schools, tuition can be upwards of $20,000 a year. The average cost for a private college education in Illinois is almost $30,000 a year. Understandably, most parents experience “sticker shock” when they realize how expensive their child’s college education will likely be. They may also wonder how this cost will be divided between them and their child’s other parent.

Allocation of College Tuition for Unmarried and Divorced Parents

As with many other child-related matters, divorced or unmarried parents in Illinois have the opportunity to determine their own arrangements for financing their child’s college education. If parents cannot reach an agreement, the court may intervene. Parents’ financial responsibility for their child after he or she has turned 18 and graduated high school is referred to as “non-minor support.” Typically, parents are only responsible for non-minor support during the child’s undergraduate degree.

Factors Considered by Illinois Courts

Illinois judges have the authority to allocate college expenses between parents who are unmarried or divorced. These expenses may include costs related to tuition and fees, on-campus or off-campus housing, textbooks, and healthcare. If a child is living with one of his or her parents while he or she attends college, the parents may still be jointly responsible for costs related to transportation, food, and utilities. Unlike child support, there is no statutory formula for determining college expenses in Illinois. The amount each parent must contribute to the child’s college tuition and living expenses is at the judge’s discretion. Courts consider the following factors when determining how to allocate college costs:

  • Each parent’s financial resources
  • The child’s financial resources
  • The standard of living the child would have experienced if the parents were married
  • The child’s academic performance

Illinois law uses the present costs of tuition, fees, and housing at the University of Illinois, Champaign / Urbana to set the maximum amount of money a parent can be required to contribute to their child’s college education. The parents’ obligation terminates if the child does not maintain at least a “C” average or turns 23 years old. Upon good cause, such as the child’s medical problems or military service, the parent’s obligation may be extended until the child’s 25th birthday.

Contact a Kane County Child Support Lawyer

If you are unmarried, divorced, or considering divorce, contact Shaw Family Law, P.C. for help with issues related to child support, the allocation of college expenses, and much more. Schedule a cost-free, confidential consultation with a knowledgeable St. Charles family law attorney by calling our office at 630-584-5550 today.

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IL divorce lawyerMost people assume that once a divorce has been finalized, the spouses’ actions can no longer influence the terms of the divorce. However, this is not the case when it comes to issues such as child support and spousal support. If you plan to remarry, you should know that your remarriage could influence the terms of your divorce decree. However, the ways in which remarriage impact divorce issues can vary case by case.

Spousal Support Terminates Upon Remarriage

If you are receiving spousal maintenance, also called spousal support or alimony, you will most likely no longer receive payments once you have remarried. As per Illinois law, a spousal maintenance recipient’s remarriage results in an immediate termination of the other spouse’s maintenance obligation. You should also know that a paying spouse may file a motion to terminate spousal support if the recipient spouse is living with a romantic partner on a “resident, continuing, conjugal basis.” This means that you may lose your spousal support if you are living with a boyfriend or girlfriend – even if you decide not to formalize the relationship through marriage. The only exception to these rules is if you and your ex-spouse had agreed to a different spousal maintenance arrangement in a valid marital agreement such as a prenuptial agreement.

Child Support Payments May Be Impacted by Remarriage

The way remarriage affects child support is not as straightforward as the way remarriage typically affects spousal maintenance. The Illinois Appellate Court has stated that courts may “equitably consider the income of a parent's current spouse” when deciding an appropriate child support order. If you are currently receiving child support from your ex-spouse it is very possible that your new spouse’s income will influence the amount you receive in child support. Child support obligations in Illinois are calculated using each parent’s net income. Although your new spouse’s income is not directly included during child support calculations, it is likely that your spouse’s financial support will impact your overall financial situation. For example, you and your new spouse may decide to share responsibility for monthly bills like rent, utilities, and groceries. This means that your expenses will likely be lower once you remarry than they were before you had this support. Consequently, you may be entitled to less in child support.

Contact a St. Charles Child Support Lawyer

Family law concerns like child support and spousal maintenance can often be complex. For help, contact a skilled Kane County family law attorney from Shaw Family Law, P.C. Call our office today at 630-584-5550 and schedule a confidential consultation.

 

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IL divorce lawyerIf you are a parent who is considering divorce, you may have concerns about how financial issues and child custody concerns will be handled between the initial split and the conclusion of the divorce. Divorce cases, especially high asset divorces and those involving a high degree of conflict, can take several months or several years to resolve. You may be asking yourself, “How will I make ends meet without my spouse’s income during the divorce process?” or “How will parenting time and parental responsibilities be divided before the divorce is finalized?” One way to answer these questions is to petition the court for temporary relief orders.

Temporary Arrangements for Child Custody, Child Support, and Spousal Maintenance

A petition for temporary relief asks the court to issue temporary court orders regarding certain financial and child-related issues. You can ask for a temporary relief order at any time throughout the divorce process. The temporary relief may address issues related to:

  • Possession of the marital residence
  • Spousal maintenance (alimony)
  • The sale of marital property
  • Health insurance
  • Child custody
  • Child support

The directions contained in temporary orders only last until the divorce is finalized. These orders may be modified if a spouse experiences a “significant change in circumstances” that necessitates the modification. Temporary orders for child support and spousal maintenance have no impact on the final orders. It is very possible that the amount of child support or spousal maintenance awarded in the final judgment will differ from what was awarded in the temporary order. On the other hand, temporary child custody orders can influence the final decisions about the allocation of parental responsibilities and parenting time. This is because the court makes child custody decisions based on the best interests of the child. It is generally assumed that dramatically changing a child’s living situation only adds to his or her stress during divorce. Consequently, courts are inclined to consider the child’s living arrangements during the divorce when deciding post-divorce custody issues.

Determining the Amount of Temporary Support to Be Awarded

Temporary orders for spousal maintenance and child support can provide a spouse with financial relief before any final decisions about maintenance and support are settled. When determining the amount of temporary relief that a spouse receives, the court will consider the incomes, assets, and needs of each party as well as the needs of the children. The court will review the spouses’ financial affidavits and parenting time arrangement and evaluate financial documents such as pay stubs, tax returns, and bank statements to determine fair and reasonable temporary support arrangements.

Contact a Kane County Divorce Lawyer

If you would like to learn more about temporary relief during your divorce or you have other divorce-related concerns, contact Shaw Family Law, P.C. Call our office at 630-584-5550 and schedule a free consultation with one of our skilled St. Charles divorce attorneys today.

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IL divorce lawyerThe USDA estimates that it costs over $230,000 to raise a child from birth until age 18. If you are expecting a child and you are not married to the child’s father, you may have concerns about how you will pay for child-related expenses like housing and child care. Child support is a valuable source of financial assistance that parents are entitled to by law. If you are an unmarried mother, it is essential that you take the steps to ensure that you and your child will have the financial resources you need.

How Can I Get Child Support in Illinois?

In Illinois, the terms “child custody” and “visitation” have been replaced by the terms “parental responsibilities” and “parenting time.” Parenting time refers to the days that a parent is responsible for caring for his or her child. The parent with the majority of the parenting time, formerly called the custodial parent, is the recipient of child support and the parent with less parenting time is the payor. If your child’s father and you agree that you should have the majority of the parenting time, you will create a parenting plan stating this agreement and describing other child-related arrangements. This plan is submitted to the court. You will then be able to petition the court for child support. The amount of child support that you will receive will largely depend on the difference between your income and the father’s income.

You Must Establish Paternity Before You Can Receive Child Support

You cannot petition the court for child support until you have established paternity. This means that you take steps to establish the child’s biological father as the child’s legal father. The simplest way to establish paternity is for both parents to sign a Voluntary Acknowledgement of Paternity (VAP) at the hospital where the child is born. If the father denies his parentage or refuses to sign the VAP, the process becomes more complicated. In this case, one option is to pursue an administrative paternity order through the Illinois Department of Healthcare and Family Services (DHFS). DNA testing may be needed to establish the biological relationship between the father and the child. You may also be able to establish paternity through the court. The court will schedule a paternity hearing that both parents are expected to attend. If the father fails to attend the court hearing or administrative paternity hearing, he may be declared the father by default.

Contact a Kane County Child Support Lawyer

If you are a single parent, it is important to take the steps necessary to ensure that you receive the financial support you need. For help establishing paternity, petitioning the court for child support, resolving child custody disagreements, and much more, contact Shaw Family Law, P.C. Schedule a free, confidential consultation with an experienced St. Charles family law attorney by calling our office at 630-584-5550 today.

 

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IL divorce lawyerIf you are a parent who is considering divorce, you are probably concerned about how divorce will affect your children. You may also be unsure of what steps you will need to take to establish child support or arrange a co-parenting schedule. Divorce involving children can often be complicated and emotionally-charged. Fortunately, you do not have to face the divorce process alone. A family law attorney can be a valuable resource during this challenging time in your life.

Creating a Parenting Plan

Divorcing parents in Illinois are asked to create a parenting plan or parenting agreement. In the plan, you will describe how you and your child’s other parent will handle child-related responsibilities. The parenting plan must include:

  • A parenting time (visitation) schedule or method for determining a parenting time schedule
  • Transportation arrangements for the child
  • How you will make important decisions about the child
  • Each parents right to be informed of child-related emergencies, healthcare, and other significant concerns
  • Information about any future parental relocations
  • And several other provisions

Reaching an agreement about all of the elements in your parenting plan may be quite difficult. One option that has helped countless parents resolve child-related disagreements is mediation. During family law mediation, you and your child’s other parent will work with a specially-trained mediator to negotiate parenting issues and reach an agreement that serves your child’s best interests.

Establishing Child Support

In the majority of divorce cases involving parents, a parent is ordered to pay child support. The parent with the majority of the parenting time is the recipient of child support and the other parent pays child support. The amount that payments will be is largely determined by the parents’ net incomes. If each parent has the child at least 146 overnights a year, this is a “shared parenting” arrangement. Because each parent has the child a relatively equal amount of time, child support is reduced accordingly.

Helping Your Child Cope With The Divorce

Children can have a wide range of reactions to divorce. If you and your spouse were obviously unhappy together, it is possible that the divorce may even be a relief to your child. It is also possible that your child will be very upset or angry when he or she learns of the divorce. Fortunately, there are several things you can do to help your child cope with the major changes taking place in his or her life. Experts encourage parents to avoid arguing or discussing legal issues related to the divorce in front of their children. Keeping your child’s routine as close to normal during the transition can also help lessen his or her stress. Above all else, make sure your child knows that he or she is still loved and cared about and that the divorce is not his or her fault.

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IL divorce lawyerAs the saying goes, the only thing constant in life is change. If you are a divorced or unmarried parent subject to a child support order, changes in your life or the life of the other parent may necessitate a child support modification. However, Illinois child support orders can only be modified under certain situations. Read on to learn about when child support orders are eligible for modification and what you should do if you need to request a child support adjustment.

Modifying an Existing Child Support Order Through a Modification Review

Child support orders established by a judicial proceeding may only be changed through a court order. Administrative child support orders may be modified through the Department of Healthcare and Family Services Division of Child Support Services (DCSS). Every three years, child support orders are eligible for a “modification review” by the DCSS. If a parent wishes to take advantage of this opportunity, they will be asked to submit documents verifying their income. This information is used to determine whether or not the parents’ financial circumstances have changed significantly enough to warrant a child support modification. The dollar amount of child support payments may remain the same, increase, or decrease. If a parent disagrees with the results of the modification review, he or she has the right to request an administrative hearing or appear in court to contest the child support order.

Changing a Child Support Based on a “Substantial Change in Circumstances”

If you are not eligible for a modification review, you may still be able to change your child support order if the current order does not adequately provide for the child’s healthcare needs or if there has been a “substantial change in circumstances.”

Examples of substantial changes in circumstances include but are not limited to:

  • The child’s financial needs have increased due to school or extracurricular expenses, medical issues, or another valid reason
  • Either parent’s income has considerably increased or decreased
  • Either parent has lost his or her job
  • The child has turned 18 and graduated from high school
  • There has been a change in the allocation of parenting time and parental responsibilities

Contact a St. Charles Child Support Modification Lawyer

Many parents find that they run into significant obstacles, complications, or delays when trying to modify a child support order. At Shaw Family Law, P.C, we help parents with a wide range of complex family law issues. To schedule a free, confidential consultation with an experienced Kane County child support attorney from our firm, call us at 630-584-5550 today.

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IL family lawyerIllinois courts believe that children have a right to receive financial support from both of their parents- even if those parents are unmarried or divorced. Child support payments can help parents share child-related costs such as tuition, childcare, extracurricular fees, basic necessities, and medical care. While the costs of feeding and clothing your child will likely stay relatively stable throughout his or her childhood, medical expenses can quickly add up to excessive amounts – especially if your child requires ongoing or specialized medical care. Read on to learn about how medical costs are handled under Illinois child support laws.

Special Needs and Extraordinary Medical Costs

Typically, when parents receive a child support order from the court, the order will dictate how routine medical care such as yearly physicals, dental cleanings, and doctor’s visits for minor medical issues are handled. “Extraordinary” medical expenses include out-of-pocket or uninsured medical costs like co-pays, deductibles, or costs associated with major medical interventions like surgery. These costs may not be covered by the child support order you originally received from the court.

If your child has a medical condition that requires medical care above and beyond what is accounted for in your current child support order, you have a few options. One option is to revisit your child support order through a child support modification. Illinois law states that parents are permitted to request a child support modification when there is a major change in either the child’s needs or the parents’ income.

If you are overwhelmed by child-related medical costs, you may be able to request that these additional expenses are included in your child support order. A judge may also require parents to pay medical costs in addition to the child support order. For example, if your child requires treatment for cancer, the judge may require parents to share this cost in addition to the existing child support order. Generally, the court divides extraordinary medical costs between parents proportionately and based on each parent’s income.

Contact a St. Charles Child Support Lawyer

When a child’s financial needs increase dramatically due to a medical condition, managing child support can become very complicated. For sound legal guidance regarding child support modifications and other family law matters, contact an accomplished Kane County family law attorney at Shaw Family Law, P.C. We can help you explore your options and decide on a course of action which is in your child’s best interests. Call our office today at 630-584-5550 to schedule a free and confidential initial consultation.

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IL divorce lawyerDivorces in which children are involved require legal assistance in a different sense than other divorce cases. Most parents do not come to a custody decision without some disagreements. It is uncommon for both parents to share equal custody of their children. One parent is named the “custodial parent” since the child lives primarily under their roof. The other parent is known as the “non-custodial parent”. The non-custodial parent does not pay for things such as groceries, clothes, or the gas needed to drive the child around every day, they are often required to provide the custodial parent with a set amount of money on a monthly basis in order to compensate for these expenses. These payment amounts are determined by a variety of factors. These include income, bonuses, properties owned, and other forms of financial value owned by both parents. Continue reading to learn how child support payments are regulated based on each individual’s situation.

Unique Solutions to Difficult Situations

Most parents do not have the “American dream job” that pays six figures and has them working 9 am to 5 pm Monday through Friday. In reality, Americans work a variety of different jobs resulting in numerous “gray areas” for child support payments. Some individuals have the child support payments deducted from their paycheck by their employer to avoid missed payments while others place the responsibility on their own shoulders on a month to month basis. Regardless of the method used, these payments are due monthly and legal action can be taken against anyone who withholds these funds. For those purposely withholding child support payments, their wages can be garnished. This means that the amount will be forcibly removed from their paycheck before the parent receives it, taking away their ability to miss or avoid payments.

Some employers have refused to withhold the child support amount from paychecks despite being ordered to by a court or requested by an employee. While this is not always the case, it is not uncommon. Under every state’s law, an employer must withhold the amount if ordered or requested to do so. If this is the case, the employer will receive a withholding notice notifying them of their obligation. If the employer still refuses to do so, they will be charged the amount personally.

Child support payments can be increasingly difficult for parents that have recently lost their job. While this situation may not be the fault of the unemployed parent, the finances are still owed each month. The best solution in cases like these is a request for a payment adjustment. Because child support payments are determined based on a parent’s income and financial state, it can be adjusted if the parent cannot afford to pay the original allotted amount. If this request is made, a court may require the individual to seek out an employment program to help truncate the amount of time spent paying a lower amount.

For those that are self-employed, regulating income is still possible. This will be done through the Internal Revenue Service. While it may not be possible to withhold income through their employer, there are other forms of withholding that exist. Liens are holds on property until the amount owed is paid. This can include revoking required licenses, securing liens on client payments or garnishing the parent’s bank account.

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Posted on in Child Support

b2ap3_thumbnail_child-support_20171102-005221_1.jpgIn nearly every divorce between parents, a child support order is part of the divorce settlement. This is the court order that requires one parent to make payments to the other to help cover the costs of raising a child. It is not uncommon for a parent to be curious about how the support he or she pays is used, especially if it does not outwardly appear that the children are benefiting from these payments. If you suspect that your former spouse is not using your child support payments appropriately, talk to your lawyer about potentially modifying your child support order or parenting plan. Violating a court order is contempt of court, and if you can demonstrate that your former partner willingly violated his or her child support order, he or she can face legal consequences.

Child support covers a broad range of needs. Basically, it can be used to help with any costs your child incurs for your former spouse. These costs generally fall into the following categories:

Your Child’s Medical Needs

One parent is required to include the child on his or her healthcare insurance plan. If this parent is the one who receives child support, the money received can be used to help offset insurance costs like copays and premiums. Child support can also be used to cover a child’s uninsured medical needs, like the need for over-the-counter medication.

Your Child’s Day-to-Day Care

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Illinois divorce lawyer, Illinois family law attorneyFor both the custodial and noncustodial parent following a divorce or separation, understanding child support monetary arrangements is very important, as the arrangements affect both parties and the entire family, often for many years to come. From your personal financial standing and your ex-spouse’s paycheck to the everyday needs of your children, a child support order usually brings about significant financial changes for everyone involved.

How Long Does the Financial Obligation Remain in Effect?

In the state of Illinois, the lifespan of the financial assistance custodial parents receives child support depends on various factors. Generally, the state has some very clear guidelines that help clarify when child support officially ends. First, support is ordered until the youngest (or only) child reaches the age of eighteen or high school graduation, whichever last occurs, which is considered by Illinois law to be the legal age of emancipation. Second, the noncustodial parent may be required to make support payments for as long as it takes to pay off any past-due support. This means that even if the child reaches the age of emancipation, payments may still continue until all past-due support has been paid in full.

As the noncustodial parent ordered to pay support, when are you released from your duty? In short, each party's income, along with the number of children you have to support, will determine the amount you are required to pay, and you will be held responsible for those payments until your child is no longer a minor. An exception to this guideline is extended support, which may be ordered by the court in order to wait until the child graduates high school or turns nineteen. Any other exceptions or amendments must be clearly agreed upon in writing or addressed in the judicial order.

Additional Responsibility

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Posted on in Child Support

Illinois family law attorney, Illinois child support lawyerBeing hit with the realization that you may be responsible for college expenses for your child on your own following your divorce can be an unsettling experience, especially when there are already so many other financial issues that must be addressed at the end of the marriage. Often, who will pay for your child’s college tuition is the very last thing on your mind in the midst of a separation. Thankfully, there are a number of ways you can properly prepare to fund your child’s college education after you are divorced, beginning with tackling the subject in your divorce decree.

Law Changes that Affect College Financial Responsibility after Divorce

Since 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has evolved to clarify which costs actually qualify as expenses in the state of Illinois, and how those expenses should be handled between divorce parties in a court of law. For example, the newer version of the law includes the cost of up to five college applications in its educational expense standards, and puts a stop to any contributions made to college expenses when the student turns twenty-three years old, with certain exceptions, which must be deemed “good cause”. This means if you are required to contribute to college costs for your non-minor child, the expenses will be justified and limited.

What You Can Do

To ensure your child’s college costs are taken care of once your divorce is finalized, the work ideally begins before you begin the divorce process. This means addressing the issue early on in the decree with a clear, written agreement that takes a number of factors into account, including who will pay for what and at what time, as well as who will pay for the pre-college expenses that are incurred. These things can include standardized test courses and any relevant purchases, like books or other class supplies. Sit down with your soon-to-be ex-spouse and make a list of everything you expect, along with any concerns you have about the arrangement.

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Posted on in Child Support

Illinois child support laws, Illinois family law attorneyUndergoing divorce can be a taxing experience for everyone involved, and adding the task of arranging child support obligations to the mix inevitably adds more pressure to both parents. Under even the most civil of circumstances, it is easy for parents to take offense to the other’s reaction to child support payments, and for the obligated parent to feel burdened by the financial strain the support order entails. Once a proper support order is established, however, there is opportunity for everything to run effectively and efficiently, so long as each party cooperates.

The parent who is granted a majority of the parenting time is usually the parent awarded child support payments. If you are a non-custodial parent responsible for making child support payments, the state of Illinois provides you the following options to ensure you are able to pay on time and in full:

Pay the State Disbursement Unit (SDU) by Mail

Unless you are directed otherwise, you are obligated to pay support via check by sending payment directly to the Illinois State Disbursement Unit. You are required to provide the following details along with your payment: Your name, social security number, case number, and the Illinois court where the order was entered.

Electronic Payments

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Posted on in Family Law

Illinois divorce attorney, Illinois family law attorneyFor some couples facing marital troubles, divorce as a solution is a last resort and legal separation is the first course of action. There are countless reasons you or your spouse might not be ready to call it quits just yet, and legal separation allows you time to assess the damage and decide whether or not divorce is the right choice.

How Is Legal Separation Different from Divorce?

Like divorce, legal separation is a legal action that officially deems you both separated in the eyes of the law. However, legal separation is a term and is not an actual divorce. According to the law, you are still married and may not marry other people. Your property and possessions are not divided up unless you ask the court to divide those things for you. The court can decide other things with a legal separation, such as child support, parenting time (visitation), and allocation of parental responsibilities (child custody).

To qualify for legal separation in Illinois, you must have been living in the state for at least 90 days, not be “at fault” for the separation, and must be physically living apart from your spouse. “At fault” is defined by many things, including adultery and abandonment. Filing for legal separation does not prevent you from filing for a divorce later on, should you decide to end the marriage entirely.

Legal Separation Can Be Beneficial

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Illinois child support attorney, Illinois family law attorneyIf you are a divorcing parent in the midst of arranging child support, chances are you are also juggling to manage other parent-child issues that come with separation, such as the allocation of parental responsibilities (child custody) and parenting time (visitation). The child support you receive is important for the mere fact that it enables you to care for your children after the divorce, but it can also have an impact on your lifestyle with your children as a whole once the family transition is completed.

Receiving a just and reasonable amount of support can ease tension between you and your spouse, which can mean more peaceful interaction during custody and visitation exchanges. In general, the smoother the child support process goes, the better chance you have at experiencing a smoother transition all together. So, how does the state calculate child support amounts? Which factors are considered when determining those amounts?

Here is a basic breakdown of how child support amount is determined:

The decision first depends on the noncustodial parent’s net income plus the amount of children they are to support. Illinois statutory guidelines require the minimum net income, as follows:

  • One child - 20 percent;
  • Two children - 28 percent;
  • Three children - 32 percent;
  • Four children - 40 percent;
  • Five children - 45 percent; and
  • Six or more children - 50 percent.

The court also considers the best interest of the child as a whole, and in some cases, these factors can cause the percentages to deviate from the dictated guidelines above. For example, the court considers all of the following when setting the percentage amount:

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Posted on in Divorce

Illinois family law attorney, Illinois paternity lawsYou may have heard the term parentage used to discuss laws that concern parenting in the world of family law. Parentage laws are also known as paternity laws, and they have continued to evolve in the state of Illinois in order to more accurately reflect and meet the needs of diverse families.

Although the laws change, their purpose and the concept behind them remains the same: Paternity laws exist to govern and protect parents and their rights, as well as the rights of the children and family as a whole. Some issues that Illinois parentage laws touch on include the following:

  • College expenses in child support;
  • Civil unions and gender neutrality;
  • Same-sex adoptions; and
  • DNA testing and its potential effect on the child.

Paternity Protects the Child and Parent

The paternity laws the state has in place are there to protect the best interest of the child and the parent. Paternity is a word used to describe a legal relationship between a father and his child. When two parents are unmarried and a child is conceived between the two of them, this sometimes leads to various disputes once they decide to separate or marry someone else. If paternity is not properly established, the rights of the father and the child are at stake. Without legal paternity establishment, the following issues arise:

  • The father’s name will not be on the child’s birth certificate;
  • Important family medical information may be inaccessible; and
  • The child may not receive the range of benefits they are entitled to, including inheritance, veterans, and social security benefits, as well as basic financial and medical support.

Establishing Paternity

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Posted on in Child Support

Illinios child support laws, Illinois family law attorneyNavigating the world of divorce can be tricky, especially when you are attempting to understand your rights and working to ensure the children you share with your spouse are properly provided for after the separation. You have many tasks to sort out, including the allocation of parental responsibilities (child custody) and parenting time (visitation).

While these factors are crucial to setting up the guidelines and boundaries for your family’s new lifestyle post-divorce, filing for child support is one of the most important processes you will encounter as you wade through the transition. Filing for child support allows you to secure and maintain consistent, dependable funds for your family’s care.

Here are some common concerns you might have as the custodial or non-custodial parent:

1. Where Does the Money Come from?

Illinois generally collects child support funds from the noncustodial parent’s employer. Pay is deducted directly via income withholding. The law allows the Department of Healthcare and Family Services to withhold a certain income dollar amount on a continual basis, including any dollar amount to account for past-due support, until it is paid in full.

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Posted on in Child Support

Illinios child support lawyer, Illinois family law attorneyFiling for child support can feel like just another task to pile on top of the already overwhelming divorce process. As a newly single parent, you face the challenges of caring for your children in the midst of the separation, and understandably, you want to make sure they continue to be provided for despite the changing circumstances.

Here are some common questions you might have as you begin to file for child support in Illinois:

How Can I Locate the Non-Custodial Parent?

For some divorcing parents, circumstances might arise that prevent you from knowing the whereabouts of the other parent. This can mean a lot of unease when it comes to seeking child support, but thankfully, locating the non-custodial parent is one of the services the state can offer you. They can also help confirm paternity, as well.

What Is a Typical Hearing Like?

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Posted on in Child Support

Illinois child support attorney, Illinois family law attorneyDivorce is a daunting, emotionally draining process for anyone, but when children are involved, the additional task of seeking and obtaining child support adds a whole other element of stress to a couple’s plate. As a parent undergoing divorce, you want to make sure your children have everything they need to thrive and succeed while ensuring your family’s best interests are protected in wake of the separation.

The Facts

The state of Illinois has laid out some clear, helpful instructions for parents who need to apply for child support, and state assistance in this area is efficient and plentiful. If you’re feeling a little overwhelmed, here are some facts that will help acquaint you with the process:

  • Child support services are offered to children who live both in and outside of Illinois state;
  • Parents applying for child support are not required to receive public assistance;
  • The Department of Healthcare and Family Services can help establish paternity for your child or help locate the non-custodial parent, if needed; and
  • Child support services are provided by Illinois state at no cost to you.

Securing Financial Support

One of the biggest worries parents have when preparing to seek child support is wondering whether or not financial assistance can be obtained and then reliably sustained over a period of time. The good news is the state has many methods to ensure financial support is collected and that the rules for collection are enforced.

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