Posted on August 28, 2015 in Main

For some families, it may be desirable for a stepparent to formally adopt a stepchild. The process for adopting a stepchild differs in many respects from other adoptions. While the process for adopting a stepchild can be faster, there are also important consequences and issues to consider. Often, the most significant hurdle to adopting a stepchild is obtaining the consent to the adoption by the other biological parent.

Process for Adoption

Under Illinois law, adopting a stepchild is completed through a process called related child adoption. A related child is one who has a certain relationship with a prospective adoptive parent, including adoptions where the parent is a stepparent. Related child adoptions differ in various ways from adoptions in which no such relationship exists between the adopting parents and the child to be adopted.

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 Posted on August 21, 2015 in Main

When involved in a divorce, it is possible that the court will order one spouse to pay the other spouse maintenance. These payments are intended to help support the spouse with a lower income. Whether maintenance payments are ordered depends upon numerous factors. Maintenance is not awarded in all divorces. However, when it is awarded, Illinois now provides judges with guidelines to help with calculating payments, although it is not mandatory that the guidelines be followed in all cases.

What is Maintenance?

The most significant form of maintenance is permanent, which is typically awarded when it is unlikely that a spouse will be able to secure adequate employment. Temporary maintenance can be granted for the period during which a divorce is pending or until the final judgment is entered. Finally, rehabilitative maintenance is granted to a spouse in order to allow him or her to complete an education or otherwise gain experience and skills which will enable the individual to secure gainful employment. Regardless of the type of maintenance, if the spouse ordered to pay maintenance does not make timely payments, the unpaid obligation accrues simple interest.

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 Posted on August 14, 2015 in Main

For numerous reasons, a parent may wish modify a child custody determination. While under most circumstances a modification of a child custody judgment is difficult to obtain, it is possible. Understanding the process of modifying a child custody judgment is important for parents who believe their child would benefit under a different custody plan.

Demonstrating Modification is Necessary

The court retains continuing jurisdiction to modify a child custody judgment. However, under most circumstances, modification of a child custody judgment will not be considered until after two years have passed since an original custody judgment is entered—it is believed that giving children the greatest amount of stability after a decision has been made is most beneficial for them. Under Illinois law, the only way a child custody judgment may be modified earlier than two years is if a court permits it on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his or her physical, mental, moral or emotional health.

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 Posted on August 07, 2015 in Main

An important part of a divorce proceeding is the division of property. An individual's pension and/or retirement accounts earned and/or acquired during the course of the marriage will be included as part of the marital property that is divided.

Pensions

Under Illinois law, both vested and unvested pensions can be considered marital property. Marital property is all property acquired by either spouse during the course of the marriage. Anything considered marital property must be divided equitably. It does not make any difference which spouse actually earned the pension or whose name the pension is in. An equitable division of property means that the property is divided fairly; however, it is not necessarily divided equally. In some cases, one spouse may be awarded a significantly greater amount of the marital property than the other spouse.

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 Posted on August 03, 2015 in Main

For some couples, the decision to divorce is a mutual agreement. When both parties are willing and able to cooperate, the use of mediation may be appropriate. Moreover, mediation can help divorcing couples understand the laws governing divorce and ensure that all issues are addressed.

The Mediation Process

A mediator is a neutral third party who helps to facilitate conversation and negotiation between a divorcing couple. It is highly advisable to hire a mediator who is a licensed attorney with a specialized focus on family law. By using a mediator with these qualifications, a divorcing couple can better ensure that all issues are addressed.

During the mediation process, a couple will meet with the mediator regularly, usually in a conference room or office. Through a series of meetings or sessions, each issue relevant to the divorce will be addressed and negotiations will begin. Important issues that may need to be resolved include the distribution of marital assets and the determination of child custody and visitation. Once each issue is resolved, the mediator (or, in some cases, an attorney of one of the parties) will draft an agreement and, when necessary, a parenting schedule or plan. Finally, these documents will become part of the judgment officially ending the marriage entered by the court.

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 Posted on August 03, 2015 in Main

In divorce cases in which children are involved, one aspect that is sometimes disregarded is the impact on grandparents and their ability to see their grandchildren. This can often be very frustrating for grandparents and confusing for minor children. However, it is possible for grandparents and great-grandparents (as well as siblings) to request the court to grant them visitation rights.

Requesting Visitation

Visitation is defined as in-person time spent between parents and their minor children. Normally, visitation is associated with the non-custodial parent spending time with his or her children. However, visitation can also be expanded for grandparents or siblings. Under Illinois law, grandparents and siblings of children who are at least a year old can petition the court to request visitation. A petition for visitation may be brought during a pending divorce proceeding or any other proceeding that involves custody or similar issues.

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 Posted on August 03, 2015 in Main

When a child is involved in a divorce, an important issue to be resolved is determining how the child will be raised. One aspect of this issue is the religion under which the child will be raised. For some divorcing parents, religion is not an issue, because the parents either have similar religious views or one or both do not have a serious preference. However, for others, the issue of religion is a critical part of the post-divorce relationship.

The issue of a child's religion is becoming more prevalent as couples with different religious beliefs are going through divorce. The decision of what religion a child will be raised can also impact several additional decisions related to the child; such as, education and after-school activities in which the child will be involved. Further, divorcing parents may have intended to agree on the religion of the child during their marriage; however, the strain and emotion of a divorce may cause them to be uncooperative with each other now that they are separating.

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 Posted on July 31, 2015 in Main

The idea of one spouse paying the other spouse child support and/or maintenance upon divorce is a familiar topic for most people. These payments provide needed income for the spouse with a lower income, as well as the spouse who has custody of the children. However, under an alternate form of payment—unallocated support—both the paying spouse and receiving spouse can benefit.

What is Unallocated Support?

Through unallocated support, an individual pays an amount to a former spouse which represents the payment that would have to be made for maintenance and child support. However, the payment does not specifically allocate between what is child support and what is maintenance (hence, the name unallocated support). This difference can have important tax implications in certain circumstances.

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 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:

1. Certain sections of an adoption application or registration form;

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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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