Posted on July 13, 2015 in Child Support

If your former spouse is not paying his or her child support ordered by the court, the law provides several options for restitution. One of these options comes from the Income Withholding Support Act, which allows for an employer to withhold some of a parent’s paycheck and allocate it towards child support. This act is used primarily in situations where a parent is in arrears and not as an original source of payment for child support.

Illinois Income Withholding Law

The Illinois Income Withholding Support Act is found in 750 ILCS 28/ and was originally written to consolidate many provisions of child support law found throughout the Illinois state code. This act defines the policies and procedures of income withholding in Illinois for child support and insurance purposes.

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 Posted on July 09, 2015 in Family Law

When a minor is accused of committing a crime, he or she can be tried in juvenile court as opposed to adult court. However, the need for skilled legal representation remains the same regardless of what court the child is tried in, and the consequences of a juvenile court conviction can be impactful on the child. Therefore, it is important to know the similarities and differences between juvenile and adult court in Illinois.

Common Types of Juvenile Crimes

What many people consider to be minor crimes can be tried in juvenile court if a child is still a minor; however, convictions can create serious consequences for his or her education, employment, housing, and other opportunities.

Under the law, being a minor means that a child is under 18 years old for the purposes of juvenile court. Some of the most common types of juvenile crimes include:

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 Posted on July 07, 2015 in Spousal Maintenance

In Illinois, when a couple divorces and one spouse is left economically disadvantaged, a judge may award that spouse maintenance, otherwise known as alimony. The length and amount of alimony depends on a number of factors dictated by law, and depending on the facts of the marriage, a judge can award different types of alimony to a spouse.

Illinois Alimony Law

Under 750 ILCS 5/ the Illinois legislature defined what types of alimony payments are available during and after a divorce. The law provides for temporary maintenance during the course of the divorce proceedings. In addition, a judge can award rehabilitative alimony, reviewable maintenance, or permanent alimony to a spouse after the divorce is finalized.

Temporary Maintenance

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 Posted on July 03, 2015 in Child Custody

If a child is involved in a divorce, one of the most important aspects of the proceeding is to establish a child custody agreement. This agreement determines whether the parents have joint or sole custody, visitation rights, time sharing, decision making responsibilities and more. Once a child custody agreement has been set, there are only specific circumstances where it can be modified after the fact.

Modifying a Child Custody Order

There are three ways under Illinois law that a child custody agreement can be modified by the courts. First, both parents can agree to the changes in the child custody order. Second, the order can be modified if one parent can show the court that the child’s present environment may seriously endanger his or her physical, mental, or emotional well-being. Finally, a modification can be made to the child custody agreement if more than two years have passed since the original agreement was created and a change in circumstances is shown to be in the best interests of the child.

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 Posted on June 26, 2015 in Adoption

Illinois has become the next state to take part in a program that works to facilitate the process for families that are adopting children from out of state. Called the National Electronic Interstate Compact Enterprise project (NEICE), this program is designed to minimize the period of time that children are in foster care and assist them to seek out families that want them in other states. Illinois’ Department of Children and Family Services (DCFS) was the latest organization across the country to join the project.

The NEICE program works by using an online system to build on the existing processes of another adoption project, the Interstate Compact on the Placement of Children (ICPC). The ICPC is a state by state compact that regulates adoption and foster care placements when a minor is put in the care of a family in a different state. For any family that is interested in utilizing the new project to adopt a child out-of-state, you can contact your local DCFS office.

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 Posted on June 24, 2015 in Domestic Violence

Domestic violence against family members or a loved one is one of the most difficult issues to handle in family law. However, if you are a victim of this type of abuse the law provides protection from your offender in the form of an “Order of Protection.” This court order prohibits an attacker from coming near or making any type of contact with you for as long as the order stands.

Illinois Domestic Violence

Under Illinois law, 750 ILCS 60/103 describes domestic violence as abuse of a family or household member. To fall under this category, a family or household member includes:

• Spouses;

• Parents;

• Children;

• Stepchildren;

• Those who live in the same home;

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 Posted on June 22, 2015 in Guardianship

The need for a guardian typically arises when the parents of a child have died or are no longer able to provide proper care. Guardianship appointments for minors are handled by the state probate court, and the rules regarding guardianship are defined within the Illinois Probate Act. The law provides for different types of guardianship appointments, each with its own set of guidelines, restrictions and terms.

Types of Guardianship

Found in Illinois law under 755 ILCS 5/11, the Probate Act recognizes that there are situations where another person besides a parent should be appointed to make decisions that are in the best interest of a child. The Probate Act of Illinois separates guardianship appointments into three different types: permanent guardians, standby guardians, and short-term guardians. Each type of guardian is appointed in their own way, with their own set of responsibilities, and all are appointed for different reasons.

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 Posted on June 17, 2015 in Property Division

When a couple divorces and children are involved, there is a lot of discussion that goes into the tax implications of custody and support. However, the tax consequences of every aspect of divorce should be considered, especially when it comes to businesses and real estate. The division of income producing property, businesses, and real estate can have significant impacts on the final division of assets and liabilities in a divorce.

Tax Implications for Businesses

Income producing property, such as rental property or commercial buildings, can add a whole new level of complexity to a divorce case. Depreciation of income producing property decreases the value of the property over time, yet any improvements made to the property increase the underlying basis. It is important that you have a professional evaluate the adjusted basis of the property before determining how it should be divided in a divorce.

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 Posted on June 15, 2015 in Child Custody

Despite court and family efforts, there are times when it is in the best interests of a child to terminate a parent’s rights. This means that a parent will no longer be legally responsible for a child, does not have to pay child support, and cannot make any decisions regarding a child’s welfare. However, Illinois has a fairly unique and strict set of rules regarding when one parent is allowed to petition for the termination of the other parent’s rights.

Parental Right Termination Law

In Illinois, one parent is not allowed to simply petition for the termination of another parent’s rights. Under Illinois law 750 ILCS 50/1, a parent’s rights can only be terminated in conjunction with the Adoption Act or in a juvenile case. State legislators determined that it is in the best interests of a child that both parents retain their rights, except in extreme circumstances—a negligent parent still has an obligation to pay child support, even if he or she is absentee.

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 Posted on June 12, 2015 in Child Custody

Children of divorce cannot freely travel between states like the children of married parents. Custodial parents who wish to move their child outside of the state, or even remove them temporarily, must get permission from the court first. In addition, the parent must demonstrate to the court that the removal is in the best interests of the child or provide some type of guarantee that the child will return.

Illinois Removal Law

Under 750 ILCS 5/609 of Illinois law, the court may allow any custodial party to remove their child or children from the state of Illinois if it is in the best interests of the child or children. In order to be granted approval, the party seeking removal must show that this is, in fact, in the best interests of the child or children.

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