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Two Types of Guardianship in Illinois
Whether you are caring for a minor child, a developmentally disabled adult, or another person with special needs, certain situations may require you to go through guardianship proceedings to act on that person’s behalf. Illinois law provides for different types of guardianship matters depending on your circumstances.
Guardian of the Person
When a person is appointed the guardian of the person, he or she is responsible for the ward’s support, comfort, healthcare, educational needs, and other matters relating to personal care. The intent of the personal guardian is to aid the ward with guidance on these aspects of life, while also promoting self-reliance and an appropriate level of independence. Typical duties of a personal guardian may include fixing meals, arranging for medical care, reviewing medical records, and procuring necessary services and living accommodations.
Guardian of the Estate
Child Support Enforcement Under Federal Law
If you are a parent who receives financial support for minor children by court order, you may be familiar with certain Illinois laws that allow you to pursue the payor to enforce payment for amounts due. However, the matter may be more complex if the paying parent lives or has moved to another state.
Federal law includes regulations that may provide you with a legal remedy in certain cases when the other parent fails to abide by child support obligations. It is wise to discuss federal law on child support enforcement with an experienced child support lawyer and understand some of the basics.
Failure to Pay Child Support Obligations: A Crime Under Federal Law
Like Illinois, federal law is tough on parties that fail to pay child support when under a court order to do so: As proof, the law is located under the Crimes and Criminal Procedure section of the United States Code, providing different types of punishment for those who violate support obligations. At the federal level, however, enforcement efforts only apply in situations where the non-paying parent:
Relocating a Minor Child After Divorce
Typically, the order finalizing your divorce contains the arrangement for the decision-making, parenting time, and other details regarding raising a minor child. However, it may not be so clear what happens if the residential parent seeks to move. The legal requirements of relocation depend on where the child currently lives and the distance of the new address, so you should discuss the specifics of your situation with an experienced DuPage County parental responsibilities attorney.
Whether the child lives with you or the other parent, it is important to understand the process of relocating a minor child after divorce.
Parent’s Duty to Notify
Under Illinois law, the parent who wants to relocate the child must give written notice of the intent to move to the other parent. This notice, which must also be filed with the court, needs to include the date of relocation, new address, and any other relevant details. The notification must be provided to the non-residential parent at least 60 days before the move.
Contesting DCFS Findings in Illinois: You Do Have Rights
If you receive a notification involving child abuse allegations from the Illinois Department of Children and Family Services (DCFS), it is important to understand your options if you want to contest the claims. The DCFS is entrusted with the protection of children and the agency takes investigations seriously, but you do have rights under the law. A DuPage County DCFS defense lawyer can provide more detail about your specific situation; however, answers to the more common questions may be useful.
What is a Notice of Indicated Finding?
Any person who comes into contact with your child may file a report with DCFS if he or she believes there has been abuse or neglect. The DCFS immediately begins an investigation into the allegations and will enter an “indicated finding” if there is credible evidence of abuse. You will receive a notification of an indicated finding and the information will also be reported to the State Central Register, where it will remain for anywhere from five to 50 years depending on the circumstances.
Modifying Spousal Maintenance After an Illinois Divorce
Your circumstances can change considerably in the months and years after your divorce, especially your financial situation. The spousal maintenance arrangement ordered by the court as part of the dissolution of marriage process may not be appropriate anymore, but you do have options for amending the terms. While you should discuss the specifics for modifying spousal support with an Illinois divorce lawyer, an understanding of certain general information may prove helpful.
State Law on Spousal Maintenance Modification
The Illinois Marriage and Dissolution of Marriage Act provides that an order for spousal maintenance can be modified by showing a “substantial change in circumstances.” Both the ex-spouse receiving support and the one paying it can request a change to increase, decrease, or terminate maintenance payments. The law lists a number of factors indicating a substantial change in circumstances, including:
Child Support Services in Illinois
Child support is not just an issue that is between parents, but also a matter of concern for the state of Illinois. The state has an interest in making sure that all of the children in it are provided for. Therefore, the state has child support services that both parents can use to help make sure that child support is paid on time and in full.
The child support services department is part of The Illinois Department Healthcare and Family Services. While the state offers many different kinds of child support services, there are several things that can only be done with the assistance of a knowledgeable child support attorney.
Paternity
There are several services related to child support that the state provides. One provided service is related to paternity. It is important to establish paternity so the child will have a legal right to child support, inheritance, and certain government benefits. Paternity can be established by being married to the mother, signing a voluntary acknowledgement of paternity, or by a judicial or administrative determination. The child support enforcement agency can help you with the paternity process if necessary and may even pay for genetic testing.
Parental Rights and Duties for Minor Children in Illinois
If you are currently going through divorce proceedings, you are probably aware that the court will address the needs of minor children. There are many considerations that will factor into a judge’s decision on parental rights and obligations, all of which focus on an arrangement that accounts for the best interests of the child. You should consult with a DuPage County parental responsibilities lawyer about your situation; however, some general information is a good start.
Parental Rights and Responsibilities
There are two primary considerations involved with a parent’s legal obligations and rights in Illinois:
Decision-Making
This area covers a parent’s duty to make the choices involved with raising the child, and it includes decisions on:
- Education, such as options regarding the school the child attends, tutoring, extracurricular learning programs, and other educational opportunities;
Reasons to Consider a Prenuptial Agreement in Illinois
A prenuptial agreement is probably the last thing you want to think about when you are planning a romantic wedding, but it is a smart approach for many couples starting a life together. A prenup is a way for couples to decide certain issues for themselves, rather than relying on divorce laws that may result in an unbalanced situation.
The common presumption is that prenuptial agreements are intended to protect the “richer” spouse, but there are a number of reasons why these agreements benefit both parties. Consult with a DuPage County prenuptial lawyer about how a prenup would work for you and your partner.
Bring Everything to the Table
Both spouses will bring income, assets, and liabilities to the marriage. The process of arranging a prenuptial agreement requires each person to put everything on the table, and there are penalties under Illinois law on prenuptial agreements if someone intentionally omits critical financial details. With full disclosure, there are no surprises months or years into the union. Plus, the exercise of providing financial data is an important step for couples because it ensures the spouses are planning their financial future together.
Emancipation of Minors in Illinois
While typically a minor is under his or her parent's’ care and control until the age of 18, there may be some circumstances where it makes sense for a minor to be legally emancipated before this age. If you need to know more about emancipation, you should contact a knowledgeable family law attorney to answer any of your questions.
Emancipation
In Illinois, emancipation is governed by the Emancipation of Minors Act. Most children are under the control of their parents until they are 18. However, some 16 or 17-year-olds can get a special judicial order that legally emancipates them from their parents.
Emancipation is for “mature minors” ages 16 and 17. It allows them to legally live away from their parents and, for the most part, be treated like an adult. Emancipated minors are legally allowed to enter into contracts, rent apartments, apply for certain government programs, and make their own decisions about where they live and go to school.
Experts You May Want to Hire During Your Divorce
If you are considering or are in the process of divorce, you may be overwhelmed with the actions you must perform. However, you do not need to do it all alone; there are professionals and experts who can help you throughout each step of the process. Moreover, a skilled divorce attorney can help you to identify the types of professionals that will be beneficial for your circumstances.
Valuation Experts
Valuation experts can be some of the most important experts hired during a divorce. A large part of the divorce process is dividing assets between spouses. However, before you can divide assets you need to know how much they are worth.
For many assets, their worth is relatively clear—items such as stocks or bank accounts have an easily discernible value. Yet with other assets, especially if one or both spouses own a business, a valuation expert is needed to make sure that the value of the business is accurately understood.
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