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Recent Blog Posts
How Can I Protect My Right to Receive Child Support If I Am an Unmarried Mother?
The 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In Illinois, the terms “child custody” and “visitation” have been replaced by the terms “parental responsibilities” and “parenting time.”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.
What Should I Know About Divorcing an Abusive Spouse in Illinois?
Domestic violence affects millions of men and women across the country and throughout Illinois. Leaving an abusive partner takes a great deal of courage, but many former victims feel that leaving their abuser was the best decision they ever made. If you are planning to leave your abusive spouse, you may feel uncertain and afraid. You may not know what your rights are under Illinois law or how you can protect yourself during the divorce process. Read on to learn about some of the steps you can take to protect yourself, your children, your property, and your future when divorcing someone who has abused you.
Protecting Yourself and Your Loved Ones From Further Abuse
Abusers often use physical violence and psychological manipulation to keep their victims under their control. When an abusive person learns that his or her spouse plans to file for divorce, his or her threatening and abusive behavior may escalate in an effort to maintain this control. An Emergency Order of Protection (EOP) is like a restraining order. It prohibits the abuser from coming within a certain distance from you, your children, your pets, your home, or your workplace. It can even force the abuser to move out of your shared home and require him or her to surrender any firearms. If the abuser violates any terms of the protection order, you can call the police and have him or her arrested. You can obtain an EOP based on your testimony alone and without your abuser’s knowledge. Getting a protection order is a crucial step in protecting yourself from further abuse and establishing an official record of your spouse’s abusive behavior.
What Is Involved in Foster Parenting a Child?
There are a number of reasons that a child may be placed in the Illinois foster care system. Some children are orphaned after their biological parents pass away. Other times, a child enters the foster care system because his or her parents lost their parental rights due to abandonment, abuse, or neglect. Choosing to foster parent a child gives him or her the loving home he or she deserves. However, it is also a tremendous responsibility. If you are interested in foster parenting a child or you want to adopt your current foster child, make sure you educate yourself about the person and legal implications involved.
Foster Parenting Versus Adoption
Being a foster parent and adopting a child are two totally different legal processes. When a child is adopted, his or her adoptive parents become the child’s legal parents and take on all of the rights and responsibilities associated with parentage. Adoption is also permanent. When you foster a child, you do not receive the same rights as an adoptive parent would receive. Depending on the situation, the child’s biological parents may still have involvement and decision-making authority in the child’s life. A foster child placed in your care may only stay with you for a certain length of time before he or she is returned to his or her parents or adopted by another family. Sometimes, foster parents are able to formally adopt their foster child and make him or her a permanent member of their family.
What Should I Know About Divorce Involving Children in Illinois?
If 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
What Is a Divorce Deposition and How Can I Prepare for it?
For many divorcing individuals, their divorce case is the first time they are involved in an extensive legal proceeding. If you are getting divorced, you may have numerous questions about what you should expect. During the “discovery” step of the divorce process, the spouses’ attorneys gather information and documentation from the spouses. This information is used when negotiating divorce issues such as property division, spousal maintenance, and child custody. If your divorce case goes to trial, the information gathered during discovery becomes valuable evidence that will be used to argue your case during litigation. Depositions are one way that information is gathered during discovery.
What Happens During a Deposition?
A deposition is a formal question and answers session that takes place outside of the courtroom. The individuals present at a deposition typically include the spouses, their respective attorneys, and other professionals relevant to the case such as a Guardian Ad Litem. If you attend a divorce deposition, you will be placed under oath and then asked a series of questions aimed at gathering information about the facts of your divorce case. A court reporter will record all of the questions and answers. It is important to answer the questions carefully and truthfully. Anything you say during a deposition may be later used against you.
How Can I Change My Child Support Order in Illinois?
As 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.
How Can Forensic Accounting Help Me Uncover Hidden Assets During Divorce?
As part of your Illinois divorce process, you and your spouse will be asked to submit a financial affidavit that lists your assets and income. This financial data is vital to obtaining a fair divorce settlement. Asset division, child support, and spousal maintenance are all contingent on divorcing spouses’ financial circumstances. If a spouse omits income sources, underreports business revenue, hides assets, or otherwise falsifies data on his or her financial affidavit, decisions about these divorce issues will be based on inaccurate information. Furthermore, lying about finances during divorce is unlawful. A process called forensic accounting is often the best way to uncover the truth about a deceitful spouse’s finances during divorce.
What Do Forensic Accountants Do?
Forensic accounting refers to an investigation into a spouse’s property, income, debts, and expenses. The more complex a spouse’s financial portfolio, the more in-depth this investigation will need to be. A forensic accountant is a financial professional who has specialized auditing, accounting, and investigative skills. He or she will work closely with your divorce attorney to thoroughly examine your spouse’s finances and discover evidence of deceit. Tax returns, bank statements, credit card statements, business contracts, invoices, mortgage applications, and other documents can all provide clues about hidden assets.
What Steps Do I Need to Take to Move with My Child After Divorce?
In 2016, significant changes were made to the way Illinois law handles a parent’s ability to move with a child. Before this update, a custodial parent, meaning a parent with the majority of the parenting time, could move anywhere in the state of Illinois without the other parent’s approval or permission from the court. However, out-of-state moves required court approval even if the move was only 20 or 30 miles away. Now, parents must seek permission from the other parent and/or the court for all moves that are a significant distance away. If you are a parent who wishes to move with your child and you currently share custody with your child’s other parent, there are several requirements you should be aware of.
Defining Relocation
If a parent moves only a short distance away from his or her current residence, this is not considered a relocation. Although the parent will still need to provide written notice to the other parent including the moving date and new address, he or she will not need court approval to move. However, if a move fits the criteria for a “relocation” as set forth in Illinois law, then the parent will need to take additional steps to gain court approval. A relocation is defined as a move that involves:
Should I Get a Legal Separation Instead of a Divorce?
Getting a divorce, or dissolution of marriage as it is called in Illinois, is not reversible. Some married couples who are having relationship problems may know that they want some space apart, but they are unsure of whether or not divorce is the right choice. This is just one situation in which a legal separation may be beneficial. Couples who get a legal separation are still technically married so if they choose to reconcile, they will not be required to get remarried. If they do not decide to continue the marriage, divorce is still an option. Most importantly, legal separation offers married couples a way to address issues such as property division, allocation of parenting time and responsibility, and spousal maintenance without the finality of divorce.
Illinois Separation Process
It is important to note that there is a difference between a physical separation and a legal separation. A married couple is not legally separated until they are granted a separation through the court. In order to be granted a legal separation in Illinois, at least one of the spouses must have lived in the state for a minimum of 90 days and the spouses must be living apart. If a spouse wishes to file for separation, he or she will need to file a petition for legal separation and a summons with their county’s Circuit Court. The petition and summons is then served to the other spouse and a date for a hearing is set. If the spouses have already resolved issues such as the allocation of parental responsibilities, child support, division of assets, and spousal maintenance through a separation agreement, the judge will likely grant the separation after this initial hearing. If the parties have not reached an agreement about one or more of these issues, they may need to attend an additional hearing. The authority of Illinois courts to divide assets and liabilities during a separation is much more limited than it is during a divorce. The court can only include asset division in the order for legal separation if the spouses have reached an agreement regarding how their assets and debts should be divided.
How and When Can a Parent Voluntarily Terminate Their Parental Rights in Illinois?
There are several ways that parental rights can be terminated in Illinois. For example, a father may lose his parental rights if the court finds that he is not the true biological or adoptive father of the child. The involuntary termination of parental rights may be a result of a parent being deemed “unfit” due to abuse, neglect, abandonment, or another issue. However, there are also circumstances in which a parent may choose to give up his or her parental rights. Voluntary termination of parental rights is often an important step in the adoption process. For help with issues related to the relinquishment of parental rights in Illinois, contact an experienced family law attorney.
Voluntary Relinquishment of Parental Rights Requires Court Approval
A parent who has terminated his or her parental rights loses the right to spend time with his or her child or have any decision-making authority regarding the child’s upbringing. Additionally, the parent will no longer be required to pay child support. However, a parent cannot simply give up his or her parental rights to avoid a child support obligation. Illinois courts make all child-related decisions based on what is in the child’s best interests. Therefore, courts usually only grant a voluntary termination of parental rights if there is another individual, such as a stepparent, who wants to adopt the child. If there is not an adoptive parent who is prepared to take on parenting responsibilities, a hearing must be held to determine whether or not the termination of parental rights is in the child’s best interests.
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