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Recent Blog Posts
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
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:
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;
The Child Custody Process: What to Expect and How to Make the Arrangements Work for You
As of the of January 1, 2016, Illinois law refers to child custody as the allocation of parental responsibilities. The concept behind the term child custody still remains the same, however. Divorcing parents work together with the court and an attorney to create new lifestyle arrangements for their children and determine who is responsible for making what decisions for them. The agreements include everything from where the child will live, who they will live with, and how the child’s education, extracurricular activities, and religious practices will be managed.
Asking for Parental Responsibilities
The filing process for allocation of parental responsibilities will vary from county to county, but throughout Illinois you can expect to go through the following steps:
Beginning the Divorce Process in Illinois
Whether your decision to end your marriage has been a mutual one or a tough conclusion you’ve had to make all on your own, divorce is never easy. Even amicable separations can bring about a lot of headache when it comes time to take legal action. Both partners must come to an agreement on how assets should be divided, who will take ownership and responsibility for what, and if children are involved, parenting time (visitation) and child support must be arranged and agreed upon.
If you live in Illinois and have recently come to the conclusion that it is indeed time for you and your partner to file for divorce, here are some basics to help you get started.
The Statutes
As you begin to seek representation and commence the divorce process, it can be helpful to familiarize yourself with the state’s divorce statutes. These written laws explain the guidelines for dissolution of marriage and how they are defined. For example, Part IV of The Illinois Marriage and Dissolution of Marriage Act covers everything from Irreconcilable Differences to Legal Separation. While the legal jargon can be hard to digest and is best read through with an experienced attorney, the statutes clearly and specifically lay out what you need to know. You can find these laws via the Illinois General Assembly government website (www.ilga.gov).
Ways to Increase Parenting Time
When you lose an allocation of parental responsibilities case, it can feel like you will only rarely see your child. However, there are many things you can do to increase your time with your child. It often starts with maintaining a positive relationship with the other parent. Even if the court has decided it is not in the child’s best interest for you to be the primary caretaker, that does not mean you do not have a vital role to play in your child’s life.
Right of First Refusal
Under Illinois law, when the child lives primarily with one parent, the other parent can ask the court for the “right of first refusal” when childcare is needed. This means that before the child is put in daycare, the other parent should be given the chance to be with their child instead.
What Goes into Marital Asset Valuation
One of the most technically difficult parts of a divorce can be the dividing of the marital property. Before the work of dividing the assets can even be started, the assets must receive a valuation.
How Marital Property Is Divided
Illinois considers all property, with a few exceptions, acquired after the date of the marriage to be marital property. Unless the two sides come to an agreement on their own, a judge is required by law to divide the property equitably. This means studying all the relevant factors and dividing the property fairly. This does not necessarily mean the property is divided equally.
How Much of the Value of an Asset Is Marital Property?
Some assets, such as a business or retirement account, may have been acquired before the marriage. However, most likely any increase in value to these assets after the date of the marriage may be considered marital property.
Emotional Support for Families Experiencing Divorce
Divorce can have long-lasting effects on the entire family. Issues such as allocation of parental responsibilities (child custody), child support, and parenting time (visitation rights) all need to be addressed as the divorce process is underway, and the emotional toll on everyone involved can be incredibly overwhelming.
The state of Illinois is also aware of these effects, and thankfully, the state legislature encourages certain practices to help ensure the children in the family are receiving the emotional support and attention they need during such a tough, transitional period.
Divorce Education Benefits the Whole Family
The Kids in a Divorcing Society program—also simply referred to as "KIDS"—is an educational program provided by Kane County for parents undergoing divorce. The goal of the program is to help equip parents with the tools they need to learn how to best restructure their families in a way that minimizes the negative emotional impact on their children before, during, and after the divorce is finalized. The KIDS program teaches the parent coping skills for re-entering the world as a newly single parent, and also benefits the child long-term by empowering and arming the parent with positive, effective parenting techniques.
New Family Laws in 2016
New Divorce, Parentage and Family Law statutes become effective on January 1, 2016. The changes are immense and reflect the most significant shift in family law since the Illinois Marriage and Dissolution of Marriage Act was instituted in 1977. As news reports of the new laws hit the internet, there is both information and confusion. Clients are beginning to ask: how will this affect my case? Former clients who have been divorced for years or are having their alimony or support amounts reviewed are asking: will this change the amount I pay or receive?
Our firm is studying the new laws, strategizing about how to best help our clients, and implementing changes for the first of the year. Our office will be closed on Thursday, November 5, 2015, as all of our attorneys will be attending an all-day seminar on the new laws.
I had served on committees which drafted proposed legislative changes, and testified before the Illinois Supreme Court Committee on the custody law changes. Our firm will incorporate that knowledge in advising clients on the new allocation of rights and responsibility laws which replace our former custody laws.
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