What Rights Does the Father of a Child Have Under Illinois Law When the Parents Have Never Been Married?

What Rights Does the Father of a Child Have Under Illinois Law When the Parents Have Never Been Married?

DuPage County Family Law Lawyers Help Take Action on Father's Rights

The quick and easy answer to this question is that until a parentage case has been filed, unmarried fathers actually do not have rights over their children. At Davi Law Group, we can help get this process started so that you can take action and secure your rights as a father to your child or children. A parentage case has to be filed in order for you to legally be given parenting time with your child or children. Parenting time is what was previously called visitation. You, as the father, must take action in going to court to gain those rights. The good news is that upon filing a parentage action, this will kick off the process that will eventually give you certain rights as a father.

The prime goal of these parenting cases is to begin what is called an allocation judgment and parenting plan. This document that will be written over the proceedings will specify both you and the other parent, your rights, and responsibilities to the child in detail. This is also where a schedule will be attempted in figuring out parenting time for both parties. If you and the other parent cannot approach agreeable terms to this parenting play, the court will be given the decision. The judge will be given all of the testimony and evidence to reach the conclusion. This judge will try to find out what is best for the child.

Contact Our DuPage County Family Law Attorneys

After the final judgment has been signed and officially entered into records, it will become a court order and is enforceable. This is how you establish your rights to be the father to your child. Please contact us at 630-580-6373 to set up a consultation with one of our team members at Davi Law Group. We will assist you in taking the first steps into action so that you can be legally involved in your child's life.

What Can I Expect From the New 2017 Child Support Law in Illinois?

What Can I Expect From the New 2017 Child Support Law in Illinois?

DuPage County Family Lawyers Help Explain the New Child Support Laws

On July 1, 2017, Illinois law will be changing how it deals with the child support payment model. Illinois will now be adapting the Income Shares Model to calculate the child support payment amount. At Davi Law Group, we can help explain the differences between this new law and the old one, as well as how that may change your child support payment under the old model that Illinois followed for years.

Historically, Illinois used to enforce a percentage model that based child support on the net income of one of the two parents. Another factor was also the number of children. With this new Income Shares Model coming into place, both parents' net income will be used to determine the amount. The number of overnight visits that your child or children spend with you and your spouse will be a factor as well.

Another change to the law involves children who also live in your home. That means that if you have a family with a new spouse or partner, the courts will reduce that financial support amount that you have to pay because it would be taking funds away from the child or children for which you are caring. The courts want a fair amount to be given to both of the children involved instead of being in favor of one or the other depending on the divorce settlements.

Contact Our DuPage County Child Support Attorneys

Understanding and keeping up with law changes can be difficult, but that is why our team is here. For further information involving the new child support payment laws or any other questions in your divorce process, please contact us at Davi Law Group. We have offices located in Warrenville, Wheaton, Joliet, and Chicago, with clients that we have served over the years throughout DuPage, Will, Kane, Kendall, and Cook Counties. Give us a call at 630-657-5052 to set up your appointment today.

Can I Modify a Child Support Order Because of the New 2017 Child Support Statute?

Can I Modify a Child Support Order Because of the New 2017 Child Support Statute?

DuPage County Attorneys Examine if New Law Will Affect You

On July 1, 2017, Illinois law will be changing its model in which it calculates the child support payment amount. Just because the law is changing does not exactly mean that your already-existing child support obligation can be modified. At Davi Law Group, we can look further into your situation to see that seeking modification is something feasible for you.

In order to be granted modification for your current child support payment situation, you will have to provide reasoning and evidence to the court that there has been a substantial change to your financial circumstances. That change must have nothing to do with the fact that the new law has changed the formula for calculating the child support amount. Under this new approach, Illinois will be calculating the combined net income of both parents instead of a percentage of one parent.

The statute will also include a calculation for parents who fall into the category of "split care" or "shared parenting." If the parents have the child for 146 or more overnight visits (40%) out of the year, the obligation that would be determined for child support would be multiplied by 1.5. Even though some of these calculations may seem easy to understand on the surface, they can grow to be quite complicated. That is where one of our attorneys can come into play.

Contact Our Wheaton Child Support Lawyers

At Davi Law Group, we have experienced legal minds ready to represent you if you believe that you have a case to modify your child support payment or any other family law matters that can come up. We have multiple offices that can be found in Wheaton, Chicago, Joliet, and Warrenville, which has allowed us to aid clients in many counties including Kane, DuPage, Cook, Kendall, and Will. Call us at 630-657-5052 to set up your appointment today.