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In Illinois, and in several other states, child support is paid to the custodial parent. Child support is meant to cover the bare essentials, which include the cost of food, clothing and shelter. The amount of child support you are required to pay is based on your net income and the amount of children you have.
If you are a party to a child support order, one of the many questions going through your head may be, "Can this child support order ever be modified?" Depending on the circumstances of your case, it is possible to reduce the amount of child support you are paying
Modifying the Child Support Order
Modifying a child support order is no easy task, but it can be done. First, if you are having trouble making payments, you should speak to the custodial parent and see if you both can reach an agreement. Should you both reach an agreement, you need to go to court and get a judge’s approval. If the agreement reached permits you to pay an amount of money that is substantially lower than the percentages permitted under Illinois law, you will have to explain the reasons why it is so low.
Typically, marriage is the most important personal and legal relationship a person can have. However, there are certain rules that must be followed for a marriage to be considered legal. Aside from the legal requirements of marriage, the success of a marriage also depends on how well a couple handles issues related to communication, finances, conflict, parenting, expectations and much more.
In order to get married in Illinois, there are a few rules that need to be followed. First, both parties must be 18 years old or they need to qualify for an exception. Second, neither party may be married to someone else. Finally, both parties must be considered legally competent to enter into a civil contract.
The planning phase of a marriage is time consuming and obtaining a marriage license might be low on the list of priorities that need to be completed. Yet getting a marriage license is the most important step to take in order to receive the legal benefits. It is important to note that if a party was recently divorced, he or she might be required to show a certified copy of the divorce decree, on top of the license fees.
People are often confused by the many terms tossed around in the legal profession, especially family law. Commonly, these terms include separation, divorce and annulment. It is important to know the difference between these terms so you can properly evaluate your situation, especially if you are experiencing marital problems.
Generally, separation means that both spouses are still married to each other and cannot get married to someone else. Divorce means that a marriage is formally dissolved and both spouses are free to marry whomever they please. Finally, annulment dissolves a marriage as well but treats the marriage as if it never happened.
If you are having marital issues and you cannot resolve them on your own, you should contact an experienced Illinois divorce attorney who will be able to advise you of your options and point you in the proper direction.
Sometimes, when the decision to divorce occurs, the feelings are mutual. The process is straightforward and moves along swiftly. However, many divorces are not so fortunate and do not move quickly—one party may want a divorce while the other party is opposed to the idea.
In situations where the parties do not outright agree to the divorce, mediation provides an opportunity to resolve the issues so a divorce can move forward. Mediation is a process where both parties sit down with a mediator, a neutral third party, who assists them in resolving their issues. This process typically resolves most issues between both parties; however, a few issues may linger on afterwards.
Of course, as with most family law issues, if you are facing mediation as the process to end your divorce, the advice and help of a skilled attorney is necessary. An attorney can help walk you through the process to protect your interests and to ensure you know what to expect each step of the way.
The term prenuptial agreement or premarital agreement, usually referred to as a prenup in the media, is a written contract that is created by two individuals prior to their marriage. The purpose of such an agreement is to plan ahead to determine what happens in the event of death, divorce or separation. The agreement sets forth a list of property and debts owed by each person, and defines their rights to the property after they are married. A prenup usually deals with distribution of property, assets, liabilities, spousal support, and even attorney’s fees.
When a prenup is properly drafted and implemented, it is a legally binding contract between both spouses and its terms are enforceable. However, if a prenup is not drafted properly or fails to contain the financial specifics of both parties, it could be ruled unenforceable, and the plan you set in place could, in turn, fall apart.
The determination of child custody can be a very difficult topic in both separations and divorces. However, the issue becomes more complicated when domestic violence has occurred in the household. When an order of protection is entered in a case, it severely impacts the rights of one parent.
In order to obtain an order of protection in DuPage County, as in most other counties across Illinois, a few factors must be present. First, there needs to be some domestic relationship between you and the person you are seeking the order of protection against. Second, there must be a history of abuse. Lastly, you need to be a resident of DuPage County in order to get an order of protection against the abuser.
If your husband, boyfriend, or family member abused you or your child, you should contact an experienced domestic violence attorney who will assist you obtaining an order of protection to ensure you and your family can live safely without the threat of violence.
The divorce process is a daunting experience for all parties involved. The Illinois Marriage and Dissolution of Marriage Act provides several guidelines for families to follow, including the distribution of property or assets, to ease the stress of the situation.
However, the process becomes more difficult when you know your spouse is intentionally hiding assets. Illinois law mandates that marital property be distributed evenly between both parties to the divorce. This includes property or bank accounts acquired after marriage. Commonly, spouses attempt to conceal assets or attempt to deflate their income to ensure they pay lower child support or alimony. There are serious penalties for those who try to hide assets during a divorce.
Scenarios When a Spouse May Hide Assets or Deflate Income
When a child is involved in a divorce, one of the most important aspects of the final decree is child custody and visitation rights. However, sometimes a parent will not abide by a visitation schedule, and enforcement of the visitation order becomes necessary. The law provides a way for a parent with visitation rights to enforce the order and see his or her child.
Petitioning the Court
One option for enforcing a visitation order is to mediate the issue with a neutral third party. However, if mediation is unsuccessful or not an option in your situation then you can petition the court for enforcement of your visitation order. Illinois law, specifically 750 ILCS 5/607.1, dictates the procedure for petitioning the court to enforce your right to visitation as well as the penalties involved for a violation of a visitation order.
Adoption can be a wonderful experience for everyone involved, and the process provides numerous benefits for the child and adoptive parents. Illinois law has several different types of adoption, with different guidelines and procedures for each. It is important to understand which type of adoption you are choosing in order to ensure that every step of the process is completed correctly.
Illinois Adoption Law
Illinois adoption laws can be found in 750 ILCS 50/, entitled the Adoption Act. It dictates who may adopt, who may be adopted, what makes a potential parent fit for adoption, and the procedures for each type of adoption allowed under the state law. The Act also covers how to contest an adoption if one of the biological parents does not agree with the proceedings.
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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