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Recent Blog Posts
Determining Child Support Obligations in Illinois
If 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?
Parenting Time: Do Fathers and Mothers Have Equal Rights?
Divorce and separation can be difficult on the entire family, especially when it comes time to address the allocation of parental responsibilities (child custody) and parenting time (visitation), as these issues impact the lives of both parents and children. A new lifestyle is born, and new routines are put into place, forcing everyone to adjust and adapt to many big changes at once.
Unmarried Parents Versus Married Parents
One question that often plagues the mind of parents undergoing divorce is whether or not their rights are equal. The subject of father’s rights are particularly concerning, as many children end up residing with the mother after a divorce. Do fathers receive the same rights? Is their desire to participate in the lives of their children taken just as seriously as the mother’s needs and wants?
If the couple is not married, these questions are doubly important. When couples are married, most states automatically assume that the husband is the father of the child and is therefore entitled to certain rights. The same is not true for unmarried couples sharing children.
Mediation: Why It Is an Effective Tool in the Divorce Process
Even the most peaceful divorces can benefit from family law mediation. Whether there are minor or major disputes regarding issues such as finances or the raising of children, the groundwork for any separation is improved when spouses work with a certified professional who can both provide the resources and information needed to ensure the divorce process goes smoothly and help reduce tension at the same time.
Why Is Family Law Mediation Such a Helpful Tool?
- It reduces emotional and financial stress.
Divorce can make you go bankrupt - both literally and figuratively. It is not uncommon for spouses who feel hurt or betrayed to experience a lot of hurt and anger toward their partner. These emotions often turn into the desire for revenge, especially where finances are concerned. When consumed or blinded by these emotions, it is easy to lose sight of reality and form unrealistic expectations about how much money you will receive from your spouse or how much you will be responsible to pay following the separation. If you are not careful, this can translate to a lot of money and energy spent on “getting even,” which can sadly lead to serious emotional toll as a result. Divorce mediation helps keep the facts and your perspective in check, providing a professional, civil, organized environment for settling financial and lifestyle matters.
Paternity: The VAP (Voluntary Acknowledgement of Paternity) and Why You Need It
Whether you are in an unmarried partnership, are in the midst of a divorce, or are planning to re-marry in the near future and share a child with someone else, paternity establishment is important. It ensures your rights as a parent are protected and that your child’s rights are protected as well. Without establishing paternity, your child’s medical and financial benefits might be at stake, and your parenting privileges can be compromised.
The state of Illinois utilizes various methods to help parents establish paternity, including personal interviews, genetic testing, and judicial court hearings, when necessary. However, you can opt to complete something called a Voluntary Acknowledgement of Paternity (also called a VAP) if you would like to establish paternity in a simple, straightforward manner. This is typically done right at the hospital when the child is born, although a VAP may be completed, signed, and witnessed at any time for any child born to unmarried parents.
Challenges for Non-Custodial Parents and How the State Can Help
Non-custodial parents (also referred to as NCPs) face a number of challenges during big family transitions such as divorce. Whether you are in an unmarried partnership or are getting ready to go through a divorce or legal separation, if you share a child with someone, chances are you might run into some roadblocks as you navigate the allocation of parental responsibilities (child custody) and parenting time (visitation).
Parenting Time
Parenting time (also known as visitation) is an important part of building and maintaining a healthy relationship with your child. As a part of the divorce process, it is very common for couples to disagree on lifestyle arrangements for their children. For example, disagreements can arise about everything from religious upbringing and school choices to which parent gets to spend time with the child and how often. Typically, parents work with an attorney, the state, and a mediator to put together a parenting plan, which establishes the groundwork for all these issues and creates guidelines for how the child will be brought up following the separation. This is especially helpful for the child, as it provides structure and encourages a safe, stable environment for them after their parents’ relationship ends. Never-married couples having trouble seeing their children also have options for managing their parenting time. The state’s Access and Visitation Program can help with mediation, counseling, enforcement of visitation orders, and much more.
Common Divorce Questions
Regardless of the reason for your impending divorce, the challenges set before you as you wade through the ordeal can seem daunting, especially when you are unfamiliar with the steps required to initiate the process. Even the most civil agreement between two partners to end their marriage can prompt a lot of stress due to the overload of incoming information.
You have decided to divorce. So, what is next? What do you need to know? Are you taking the most reasonable course of action? Who can help guide you along the way? Here are three things every divorcing spouse should know:
Legal Separation Is Not for Everyone
Some partners choose to file for legal separation in order to officially live apart but hold on to certain benefits, such as health insurance policies and various financial arrangements. Living apart and filing for legal separation can protect the best interest of both parties while giving them time and space to live apart to examine whether or not divorce is the best option. For some, this is a way to test the separation waters before officially calling it quits; for others, it is merely a transitional stepping stone on the way to a sure-fire divorce. No matter which camp you fall in, one thing to know is that legal separation is just that: a separation. It is not an actual divorce, and it is only a temporary solution.
Why Does Paternity Matter?
You 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:
Three Qualities That Define a Good Mediator
Divorcing couples often hear a number of things about mediation as they enter the divorce process. Success stories and horror stories abound. More often than not, though, the success stories far outweigh the disappointing accounts given by co-workers, families, and friends. This is ultimately due to the overwhelming resolution rates that we see among Illinois State divorce cases. The Department of Human Rights reports that their Mediation Unit’s resolution rates are 80 percent for all conferences held. That tells us mediation works, and it can for you, too.
What Makes a Good Mediator?
Resolution rates are not magic, however. They do not exist by chance or luck; they are a direct result of working with a professional, efficient, trained mediator who is well skilled and equipped to produce good results. Here are three qualities that define a good mediator:
Effective Communication
Kane County Cracks Down on the State for Child Support Funds
When it comes to seeking and securing child support for divorcing families, there is a lot Illinois can do to ensure parents receive the financial assistance they need. The Department of Healthcare and Family Services can implement an Income Withholding Notice to require the non-custodial parent to pay funds consistently and in a timely manner, as well as locate the non-custodial parent and confirm paternity, if necessary. If child support payments fall behind or if the non-custodial parent fails to pay, the DHFS may even exercise its right to suspend the delinquent parent’s driver’s license, revoke their professional license(s), or place a lien on their personal property.
McMahon Cracks Down
Despite these efforts to obtain child support funds, there are still voids that need to be filled. Many single parents must rely on state funding and local social service providers to fill the gaps. Sadly, it’s been some time since there’s been a state budget to fund these collection efforts. Kane County State’s Attorney Joe McMahon is doing everything in his power to turn this around and fight for the funds that Kane County parents so desperately need. His goal is to earn as many dollars as possible to reduce single parents’ reliance on state assistance programs.
Requirements for Legal Separation in Illinois
Although partners may always choose to live apart without legally separating, the formal arrangement of legal separation has its advantages for spouses looking to protect their best interests when a divorce is imminent. Not only does official legal separation help define lifestyle and financial boundaries for a separating couple, it also gives the couple space to spend some time apart and consider whether or not divorce is the best solution.
If you or your spouse are not yet committed to filing for divorce, legal separation is a temporary, alternative avenue that allows you to explore your options and set the parameters for your split. To file for legal separation in Illinois, you will need to keep the following requirements in mind:
- You and your spouse must be separated and already living apart when the court action is initiated;
- If you are the one seeking the legal separation, you must provide a statement that you are not the one at fault for the separation;
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