Posted on May 11,2015 in Main

The Illinois Adoption Registry and Medical Information Exchange (IARMIE) program facilitates the transmission of information between members of adoptive and birth families. At some point throughout one's life, parents or children may want to initiate contact or obtain medical history. In fact, knowing a biological parent's medical history can help develop a clearer picture of future potential health issues. The Department of Public Health establishes the regulations in order to operate the Registry confidentially.

Under Illinois law, an Adoption/Surrender Records File is created when a person voluntarily registers with the Registry through the completion of an Illinois Adoption Registry Application or a Registration Identification Form. A Records File contains, if available, the following information:

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 Posted on February 19,2015 in Main

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The process of obtaining a divorce can be difficult and complicated. The complexity increases when children are involved. In addition to issues like custody and visitation, a determination of the amount of child support must be made. The amount of child support depends on a variety of factors and failure to pay can have significant consequences.

Determining the Amount:

Under Illinois law, for purposes of child support, a minor child is anyone under the age of 18 or anyone under the age of 19 who is still in high school. The court may order either or both parents owing a "duty of support" to a child of the marriage, to pay child support. A duty of support "includes the obligation to provide for the reasonable and necessary educational, physical, mental and emotional health needs of the child."

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 Posted on December 05,2014 in Main

When an individual attempts to end their marriage, or tries to inherit from a spouse, it can come as shock to discover he or she was never legally married in the first place. Situations such as these can cause problems for an unwitting spouse, and he or she may suddenly feel abandoned and left without protection under the law. However, in Illinois, there may be hope if certain conditions are met.

Putative Spouse Under Illinois Law

In various cases, the saving grace under Illinois law is the recognition of the concept of a putative spouse. A putative spouse is a person who:

• Goes through a marriage ceremony; and

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 Posted on November 24,2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

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 Posted on October 19,2014 in Main

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

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 Posted on September 24,2014 in Main

Separation and divorce can emotionally and psychologically impact a child. The way parents treat one another can make a significant difference in how a child processes the parents' separation. In some cases, one parent may choose to take a "scorched earth" approach in attempts to destroy the relationship between the child and the other parent. A parent may even exert undue influence on a child by speaking badly about the other parent to ensure he or she receives sole custody. However, when this happens, the child can be left psychologically scarred. In response, a court may decide to end or severely limit the visitation rights of the offending parent.

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 Posted on August 20,2014 in Main

Mediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

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 Posted on August 18,2014 in Main

Winning the lottery is not always a cause for eternal bliss. If you are going through a divorce when lady luck knocks on your door, notifying your soon-to-be ex-spouse of your win is necessary. Depending on when and how you obtained the lottery ticket, the winnings may be marital property under Illinois law.

Staying Silent May Not be the Best Course of Action

At first, you may be tempted to wait until your divorce is finalized before mentioning your good fortune. However, a court may later find fraud on your behalf and vacate the settlement. When spouses go through a divorce, they are required to disclose all their assets, income sources, and debts to each other. Various forms will need to be filled out in detail and will also require the accompaniment of supporting documents. Deadlines may also be required. In most counties, the form to be completed is a Comprehensive Financial Statement.

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 Posted on July 21,2014 in Main

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The average financial cost of raising a child until the age of 18 was estimated at around $240,000 last year, excluding the cost of a college education. While the joy a child can bring cannot be measured in financial terms, this amount of money can be unmanageable for most parents without some form of assistance. For single parents, the financial assistance from the other parent, primarily in the form of compelled child support, can be invaluable and help them stay afloat.

Calculating Child Support

In Illinois, child support is awarded by the Court and the minimum amount is primarily calculated according to percentages depending on the number of children supported by the non-custodial parent. Other factors to be considered include the monthly income of the non-custodial parent, if the non-custodial parent has other monthly child support or alimony obligations, and any health care payments being paid by the parent.

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 Posted on July 15,2014 in Main

According to survey information, over two million people in the United States get married every year. As two households are merged into one, spouses often share a home, automobiles, income, and other property. Illinois law characterizes property as either non-marital property or marital property. Although the question of whether someone's property is considered marital property or not is usually only pertinent when the property is divided—such as upon death or divorce—individuals and couples may benefit from understanding how courts are likely to characterize their possessions.

Non-Marital Property

According to Illinois law, non-marital property may include:

• Real and personal property acquired by either spouse before marriage. This may include such items as a home, a business, a vehicle, furniture, jewelry, or the like.

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