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.

VAP Requirements and Where to Get One

You will find instructions for how to complete the VAP on the front and back of the form, as well as a list of the parents’ rights and responsibilities. To properly complete the form, you will be required to provide information about both parents and the child, and you must also have a witness present to sign and date the form beneath the parents’ signatures. Your witness must be at least 18 years of age and will need to provide their full name, address, and telephone number. It is common practice for the hospital to provide you with a VAP when your child is born if you are not married at the time of the birth, but you can request one at any time at any County Clerk, Human Service, or Child Support Regional Office.

The Purpose of the VAP

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.

Financial Struggles

It is not uncommon for newly single parents to struggle financially after a divorce or the end of a relationship. This can make it difficult to provide for yourself as a parent as well as continue to provide for your child and family. The Illinois Department of Healthcare and Family Services (DHFS) offers a variety of employment and training programs for non-custodial parents needing assistance in this area. Supervised job searches that utilize structured job search activities as well as something called the “Earnshare” program exist to support NCPs with resources and tools that can help them earn and provide for themselves and their children. Earnshare is a state sponsored program that offers paid on-the-job employment training and is typically referred by the Court and other administrative sources.

Despite even the greatest efforts, some marriages end in divorce due to deterioration over time while others fade quickly due to inevitable circumstances beyond anyone’s control. Whatever your situation, when it comes time to file for divorce, you will likely come across the term irreconcilable differences, a concept used to describe conflict that is unable to be resolved between two spouses. Under the Illinois Marriage and Dissolution of Marriage Act, irreconcilable differences are cited as the source for the “irretrievable” breakdown of the marriage. In some states and counties, these differences are also referred to as grounds for divorce.

When the court determines that certain efforts at reconciliation have failed, or that any further attempts at reconciliation in the future are no longer practical or productive, those efforts are no longer considered in the best interest of the family. In short, when both parties have done all they can do to resolve their problems and have reached no compromise or found no solution, their marriage is dissolved due to irreconcilable differences.

Common Conflicts

Everything from disagreements about politics and religion to in-law issues and money troubles can drive a wedge between spouses. What might seem like a minor or petty problem to one couple can actually be a serious problem for another. Here are some conflicts that are often unable to be reconciled in a marriage:

• Intense Family Involvement: In-laws or extended family that is overly involved in a couple’s affairs can be a big source of tension and can ultimately contribute to the unraveling of a marriage;
• Lack of Balance Between Home and Work: Too much time at the office and not enough time and home can create division and distance in any relationship. This typically leads to a breakdown in communication and intimacy;
• Communication Problems: Communication is everything. If it is lacking in any way or one person is putting in more effort to communicate than the other, conflict eventually arises; and
• Marital Affairs and Other External Relationships: Emotional and physical affairs, whether romantic or friendly in nature, can at times be a threat to a healthy marriage. Trust is lost, communication crumbles, and the marriage suffers.

If you find yourself facing a divorce due to any of these irreconcilable differences or are dealing with some other unique circumstance that has led to the dissolution of marriage, you need to speak with a professional Kane County family law attorney to ensure that your rights and best interest are protected. Call Shaw Family Law, P.C. at 630-584-5550 for a free consultation today.

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.

Mediation Works

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:

• 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

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

All mediators are required to be excellent communicators. After all, it is their duty to help facilitate a civil, safe meeting between two divorcing partners to discuss and negotiate the terms of their separation. Listening skills are crucial, but being able to effectively communicate the concerns and needs of each spouse to everyone present during the meeting is a must.

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.

While the county’s child support division is funded by a combination of both state and federal funds, the unit has not received money from either since last summer. With no state budget and the division operating at a deficit on a continual basis, Kane County is being forced to put new plans into place to address the problem head on.

McMahon’s strategy includes asking county officials for an emergency loan. This is by no means a long-term solution, but will potentially put some pressure on Kane County taxpayers to help fund the unit’s collection efforts. McMahon is also willing to consider suing the state in order to hold it accountable to its part of the deal. He plans to meet with county board members to talk about possible litigation against the state in the near future.

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;
• You may not marry anyone else during a legal separation until the dissolution or marriage or divorce is resolved and final;
• You may not claim any rights to property or possessions at a later divorce hearing, after the date of the judgment of legal separation has passed; and
• To begin the legal separation procedure, you must start by filing a petition with the Clerk of the Circuit Court

Once you file the petition with the Clerk of the Circuit Court and declare that you are not at fault for the separation, you are required to wait for a sheriff’s deputy to deliver a summons to your spouse. Your spouse will then have the opportunity to respond and at that point, the case is brought before a judge. The judge will decide whether or not all issues between you can be resolved, and if so, help set the groundwork for your agreements.

Acquainting yourself with the general requirements for a legal separation is the first step in filing and beginning the process. Should you have more questions as you consider legal separation, you can benefit from having an experienced, professional Kane County family law attorney by your side to help direct and guide you to ensure your case is handled both thoroughly and efficiently. Call Shaw Family Law, P.C. at 630-584-5550 today for a free consultation.

Navigating 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.

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:

• Obtain legal representation and file the petition;
• Make an appointment for a case management conference (This must be done no later than 90 days after you file the petition); and
• Serve the other parent the filed petition with a summons.

After you complete the initial first stages of the process, you await a response from the other parent. If they fail to respond, the next step is to ask the court for a default judgement.

Create a Parenting Plan That Suits Your Family’s Needs

Filing 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?

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).

State Requirements

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.

This situation can benefit everyone involved. You and the child get to spend more time together, and the other parent saves on childcare costs. This arrangement works best when the two parents have an amicable relationship and both parents are willing to be flexible and put the needs of their child first.

Sharing Carpool and Taxi Duties

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.

Divorce 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.

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.

Some helpful topics the program will cover:

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.

The new maintenance and child support laws provide for complex calculations in determining how much each side will pay or receive.