Posted on December 00, 0000 in Main

Having children is one of life's major decisions. Whether a couple decides to have a child before or after marriage, there are issues that can arise if the couple decides to later separate. These issues usually revolve around visitation, child custody and child support. Generally, these issues are handled the same as a couple going through divorce. However, there may be some complications in resolving these issues when it comes to unwed parents, depending on the couple's relationship.

Establishing Paternity 

The first step to dealing with custody and visitation of children born to an unwed couple is to determine paternity of the child. There are three ways in which paternity can be established in Illinois. Some of these ways may include a DNA test. Paternity can be established by:

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 Posted on December 00, 0000 in Main

Until recently, the calculation of spousal support in Illinois was based on a judge's discretion after the consideration of several factors found in the Illinois Marriage and Dissolution of Marriage Act (the law). There was previously no set formula to calculate how much money the court had to award, if any, in spousal support. The factors assisted judges in determining spousal support by taking into account, for example, the income and property available to each spouse, future income, standard of living during marriage, and the length of the marriage.

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 Posted on December 00, 0000 in Main

When child support is ordered in Illinois, the order for support must be complied with until modified or the child support obligation terminates. However, not every parent who is ordered to pay child support complies. As a result, the parent will owe back child support, known as child support arrearages. Under Illinois law, mandatory interest is charged on unpaid child support arrearages. Due to the mandatory interest, when a parent is unable to keep up with the payments, it is important to seek a modification of the original child support order. A petition seeking a modification allows a judge the discretion to recalculate the amount of support the parent is obligated to pay retroactive to the date of filing the motion. However, if a support paying parent does not seek a modification, the child support payments are still owed and the balances will draw interest.

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 Posted on December 00, 0000 in Main

Recently, the Illinois law governing child custody and visitation was changed to provide parents in a joint custody arrangement with an opportunity to spend more time with their child. Prior to the amendment, unless otherwise agreed, a parent who had to arrange for childcare during his or her custodial parenting time had no obligation to notify the other parent of the opportunity to care for the child. However, this change to the law now requires a parent, who needs childcare for a significant period of time during his or her arranged parenting time, to first contact the other parent to see if he or she is able to take the child at that time.

Right of First Refusal

The right of first refusal, as the new provision is called, may be granted to one or both parents in a joint custody arrangement by a judge in his or her discretion. As with most other issues surrounding child custody and visitation, a judge arrives at the decision to grant or deny the right of first refusal by considering the best interests of the child. The law recognizes that it is in the best interest of the child to spend as much time as possible with a parent, instead of a child care provider. The only exception to this right being triggered is in cases of emergency. However, when one parent has advanced notice of needing childcare, he or she has to inform the other parent first.

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 Posted on December 00, 0000 in Main

When a parent goes through a divorce and later remarries, he or she may have concerns about how the new family will impact support obligations to the old family and vice versa. Questions may arise regarding whether new children will affect earlier child support orders and if a new spouse's income will be used to increase child support payments. The attorneys at MKFM Law can help answer these questions.

Child Support Modifications in Illinois

In Illinois a parent can be ordered to pay child support with a minimum payment amount calculated according to guidelines set by law. Illinois judges must follow the guidelines, unless circumstances exist which would allow the court to deviate from the guidelines to award greater or lesser amounts in child support. Two factors judges may consider when deviating from the guidelines are the financial resources and needs of both the custodial and non-custodial parents.

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 Posted on December 00, 0000 in Main

When married couples split on bad terms, one or both spouses may try to gain an upper hand by taking money from the couple's bank accounts for their own purpose. While this may feel satisfying for a while, a court will factor the taking of funds in this manner when later dividing the marital assets.

Dissipation of Marital Assets

The taking of marital funds or other marital assets by one spouse for his or her, own personal use, unrelated to the marriage, during a divorce or legal separation, is referred to as dissipation of marital assets. For example, if a spouse is spending marital funds to support a paramour, this would be considered dissipation of marital assets.

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 Posted on December 00, 0000 in Main

Parents have a legal duty to support their children. This duty includes providing for each child's educational, physical, mental, and emotional health needs. Therefore, when spouses divorce and a parent is ordered to pay child support, the payments are meant to meet these needs until each child reaches 18 years of age or graduation from high school, whichever occurs later. However, under various circumstances, the requirement for support may be extended. With respect to monthly child support, Illinois law requires that if a child has not graduated from high school when he or she reaches the age of 18, a parent's obligation to pay support can be extended until the child reaches 19 years of age.

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 Posted on December 00, 0000 in Main

The process of legally ending a marriage can take longer than most people expect. Additionally, life and all of its expenses continue while a divorce is pending. Illinois law provides for temporary relief. Spouses going through a divorce can seek temporary custody, temporary child support, and temporary spousal maintenance in order to address these issues while waiting for a judgment of divorce.

If a couple is married and have children together, both parents have parenting rights under the law. Therefore, in a divorce, each parent could move for temporary custody. Usually, the parent who is the primary caregiver wants the children to stay with him or her while the divorce is pending and while the court decides matters of final custody.

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 Posted on December 00, 0000 in Main

When a married couple decides to divorce, it may come as a shock to one spouse when the court rules his or her non-marital property has actually been converted to marital property, and it is therefore subject to equitable division. In fact, the transmutation of non-marital assets into martial assets can happen by accident by either party.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) identifies non-marital property as the following:

• Property acquired by gift, legacy or descent;
• Property acquired in exchange for other non-marital property;

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 Posted on December 00, 0000 in Main

When parents decide to divorce or separate, they are faced with several issues—especially when determining what is best for their children. One issue may be determining which religion their children will follow if the parents have different religious beliefs. Depending on the level of the parents' ability to cooperate with each other after the divorce, the issue of religion can be a simple compromise or a drawn out conflict.

Parents can always come together to make decisions as to which religion the children will follow. Under Illinois law, the agreement the parents enter into can specify a parent's powers, rights, and responsibilities for the religious training of the children. If parents agree to a religion, and present the court with the agreement in a parenting plan, the court is likely to enforce it.

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