Posted on February 15,2013 in Child Support

NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.

In a divorce that includes children, the court will try to decide a fair amount of child support that should be paid to the custodial parent.  The amount can be changed if the financial situation of the non-custodial parent changes over the course of the child’s life.  But it is important to have a basic understanding of how child support is figured. The factors that help determine the amount of child support are as follows.  The needs of the child which is meant to include expenses such as medical insurance, day care, education and other major expenses.  It also considers the financial situation of both the custodial and non-custodial parent and their abilities to support themselves.  The standard of living that the child could have enjoyed if the parties were married is a general factor that is considered as well. The court will look at the net income of each parent when it decides upon a support amount.  That is the full amount of income minus tax deductions, health insurance premiums, and other reasonable expenses that are necessary for life.  In cases were net income isn’t known, it will be up to the court to decide on a realistic support amount. There are minimums that are used as benchmarks when deciding child support.  If there is one child, the child support should be at least 20% of the net income.  For two children, the percentage goes up to 28% and then to 32% for three children.  It does meet a cap at 6 or more children which requires half of the net income of the non-custodial parent. If you are considering divorce when you have children then it is important to have a basic idea of how child support is figured.  There are additional opportunities to seek post decree modifications to existing child support payments.  If the non-custodial parent has a considerable change in income, then a petition may be in the best interests of the case.  Contact a skilled divorce attorney in Wheaton who can work with you through your divorce or as new issues arise. Image courtesy of: Freedigitalphotos.net

Continue Reading ››

 Posted on February 10,2013 in Divorce

Continue Reading ››

 Posted on February 06,2013 in Child Support

The Chicago Sun-Times is reporting that 17-year-old rap star Keith Cozart, aka Chief Keef, has been sued for child support and other expenses related to the birth of a now 14-month-old child. The lawsuit seeks a current child support order from Chief Keef, as well as retroactive child support, health insurance coverage, medical expenses, daycare expenses, and attorney’s fees for the lawyer hired by the child’s mother. Keef reportedly signed an acknowledgement of parentage of the baby girl, who was born in November, 2011. The mother of the child is now also 17 years old. When contacted for comments, Keef’s representative did not return calls. Chief Keef recently released his first album, “Finally Rich,” that had been widely anticipated by the public. However, Keef has become notorious in recent months for his legal woes rather than his musical talent. Just last week, a Cook County judge sentenced Keef to 60 days in a juvenile detention facility for a probation violation. Keef had allegedly violated the terms of his probation stemming from a gun conviction by appearing in a music video holding a firearm. When a child is born out of wedlock, a father has the option of signing a document at the child’s birth acknowledging his paternity, or later undergoing DNA testing through a legal action to formally establish paternity. Once paternity is established, court orders such as child support, custody, and visitation can be established if requested by one or both parties. Even though Keef is currently incarcerated, he is only scheduled to be incarcerated for a relatively short period of time, which means that he is likely to be ordered to pay child support for this child in the near future. If you or a loved one is sued in a paternity or child support action, you need to ensure that you are aware of your legal rights and that appropriate orders are established. With the assistance of a skilled child support lawyer, you can ensure that your rights and interests are sufficiently protected.

Continue Reading ››

 Posted on January 29,2013 in Child Custody

Continue Reading ››

 Posted on January 22,2013 in Divorce

Continue Reading ››

 Posted on January 15,2013 in Divorce

Continue Reading ››

 Posted on January 09,2013 in Child Support

Illinois has an extensive network of agencies and departments to aid families seeking child support for children living both in and out of Illinois. To qualify for child support services, a person does NOT have to apply for or receive public assistance—taking advantage of the child support services offered by the state does not fall under the auspices of entitlement programs in any way.  According to the Department of Healthcare and Family Services Division of Child Support Services, the department is set up to help any family “collect the basic support your family deserves at no cost to you.” This includes (but is not limited to): establishing paternity, locating the non-custodial parent, obtaining or modifying a child support order, deducting support form unemployment insurance benefits, securing medical insurance for the children, and helping to collect past due child support. The department can set up court dates if need be, but hiring a family law attorney is up to the family. According to the Department, the best way to collect past due child support is income withholding. “The division receives daily information about employment from state and federal partners to track newly hired employees within the state.” Other ways that the division can collect support include (but are not limited to): intercepting federal and state income tax refunds and lottery winnings, placing liens on real property, freezing bank accounts, and contacting the Secretary of State to attempt to suspend an Illinois driver’s license. With all these services available to anyone, regardless of income, there’s no reason that any family seeking child support in Illinois shouldn’t be able to get what they deserve. Determining child custody, however, is something that has to be settled in court and is best done with an experienced family law attorney. If you or someone you know requires child support assistance, contact a dedicated Illinois family lawyer today. Image courtesy of FreeDigitalPhotos.net

Continue Reading ››

 Posted on January 03,2013 in Child Custody

Adoption is a beautiful process in which couples that are having difficulty conceiving their own children can experience raising a child.  It is a process that can also be difficult based on the emotions of birthparents and other mitigating factors.  On December 28^th, Russian President Vladimir Putin made it more difficult for American parents looking to adopt orphans from Russia. This new legislation is expected to have far-reaching circumstances in the United States.  Last year, almost one thousand Russian orphans were adopted by American families.  While the number has been dropping over the last few years Russia is the third most popular country for Americans to adopt from, behind China and Ethiopia.  According to UNICEF, Russia has over 700,000 abandoned children searching for good homes. The law was seen to be a form of retaliation against a law which was signed by Barack Obama on December 14^th 2012.  That bill was called the Magnitsky Act which was named after a Russian lawyer who exposed the largest tax fraud perpetrated in the history of Russia.  It’s America’s attempt to restrict travel and finances for people who are human rights abusers from Russia. While certain families are experiencing the heartbreak of losing their Russian children, there are still kids who need loving homes.  If you and your family are considering adopting an addition to your household, then it is important to have the direction of a legal professional.  Contact an experienced family law attorney in Wheaton who can assist you with this exciting time in your life.

Continue Reading ››

 Posted on December 28,2012 in Visitation

Taneil Curtis was visiting with one of her children on November 7^th.  The visit was supervised by the Illinois Department of Children and Family Services at a McDonald’s in South Holland.  During the visit, Curtis asked the case officer for permission to get a glass of water with her son.  That was when she made a daring escape while kidnapping her 21-month-old son. She darted out of the restaurant and into a waiting U-Haul rental truck.  After the police were alerted and the investigation began, they found the U-Haul truck abandoned near South Holland.  They determined that Kirk Alexander, the boyfriend of Curtis, rented the vehicle. After more than a month of trying to find Curtis, the authorities located her in Memphis, Tennessee.  Fortunately, her 21 month-old was also safely found.  This is not the first issue that Curtis had with custody of her children.  DCFS had taken her custody rights to her three older children due to substantial risk of physical harm. "This is a woman who's having all of her parental rights taken away on all of her other children, for God knows what reasons. She has active warrants out for her arrest. She tries to run over a case worker. The possibilities were limitless on how horrible this thing could have turned out," Cook County Sheriff Tom Dart said of 32-year-old Taneil Curtis. When you plan to divorce, it is important to identify the reasons why a spouse may be unfit for custody.  If your spouse has partial custody of your children, it is important to keep them from relocating with your children.  Contact an experienced family law attorney in DuPage County who can be your advocate in custody issues.

Continue Reading ››

 Posted on December 22,2012 in Divorce

Continue Reading ››