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Domestic violence is a major problem in the United States. According to studies sponsored by the National Institute of Justice, each year about 1.3 million women and 835,000 men experience domestic violence in relationships. If you or a family member has encountered domestic violence, you should take steps to protect yourself from the violence. A capable family law lawyer can assist you in obtaining legal protection against a violent spouse.
There are a number of reasons for domestic violence, according to an article at About.com. Researchers have found several major risk factors and reasons for domestic abuse such as early parenthood, drinking problems, poverty, and ending a relationship.
Often times in divorce or legal separations in Illinois, family circumstances call for reason that one spouse should receive support payments from the other after the couple goes their separate ways. Spousal maintenance, also called spousal support or alimony, is a continual transfer of money from one former spouse to the other, typically on a monthly basis, as required by the divorce decree. Spousal maintenance is not automatic and is different than and separated from child support payments. In divorce negotiation, parties may decide upon a settlement that includes a spousal maintenance provision, which then must be approved by the court. That settlement then becomes a part of the divorce decree. If the alimony arrangement is not severely unreasonable considering financial realities, it will generally be approved by the Illinois courts. If the court decides that the agreement is unreasonable, it has the power to ask the parties to renegotiate or give the judge the power to create an alimony arrangement. If the spouses are still unable or were never able to reach an agreement on the spousal support, the judge will determine what is appropriate under the circumstances and create the payment amounts, duration and schedule. Maintenance can be set for only a set time, indefinite, or set for later review. The parties get a chance to submit evidence that is relevant to alimony to the court. Factors relevant in deciding alimony include:
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
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.
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
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