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Many people who have been through a child custody and support proceeding breathe a sigh of relief when the process is over. It is often a long, stressful, and emotional time for all parties involved. However, there are times when the issue deserves to be revisited, since a child support obligation may need to be changed for one reason or another. Illinois law provides for the modification of child support payments when a specified standard is met under certain circumstances.
Circumstances Change
The main reason that a party asks the court to change an award of child support is because something changed either for the non-custodial parent, the custodial parent, or the child. In order to consider a request for modification of a previously awarded child support payment, the law in the state of Illinois requires that the party seeking the modification demonstrates a significant change in circumstances since the time of the last child support order.
In Part 1 of this article, we discussed research that showed children, on average, are likely to bounce back in the long term after their parents’ divorce, as well as some factors that may inhibit this adjustment. This seems to suggest that perhaps parents may not need to worry as much about the effects their divorce may have on their children, as long as they are able to maintain some stability and appropriate parenting levels throughout the process. Read on for the rest of the research related to this topic, regarding concerns relating to adulthood and improving the chances that children will bounce back.
Divorce can be a stressful and emotional time, particularly when children are a point of concern. While many people may be certain about their desire to divorce from their spouse, most are less sure about the effects such a decision may have on their children, and may put off a divorce in an effort to protect them. However, some research indicates that perhaps parents should not be so worried about the effect their divorce will have on their kids.
Children Likely to Recover
At the outset, it is probably safe to say that many children of divorce feel displaced and disrupted by their parents’ divorce. About 1.5 million children in the United States go through this each year. Despite this, researchers are saying that a much smaller portion of those children deal with significant problems as the result of divorce in the short or long term. In other words, children are likely to recover rapidly from any negative feelings they initially have after learning of their parents’ divorce. A 2002 study showed than many of the negative emotions children experience, including anxiety, anger, shock, or disbelief, are short-term effects. These feelings are likely to decrease or completely cease after two years, with only a minority of kids continuing to experience negative emotions longer than that.
Of the many concerns that present themselves throughout a divorce case, one is that many parties may have could be about dividing their marital property and other assets. While it may not be a top priority of some couples who plan to divorce, it may be of paramount concern to others, depending on the couple’s circumstances and financial situation. A judge hearing a divorce case has discretion in this area, but the law of the state of Illinois does provide important guidance for consideration on the issue.
While many may believe that property is equally divided among the parties in the event of divorce, this is simply not always the case. According to Illinois law, the state follows the doctrine of equitable distribution, which means that marital property is divided in a fair way, but that does not necessarily equate to half to one spouse and half to the other. The specific term is “just proportions,” which refers to a number of factors that a court must consider in making its determination about property division among divorcing spouses. Factors the court may consider include, but are not limited to, the following:
Every parent is probably aware of the constant struggle between home life and career. Each aspect of a parent’s life demands time, effort, and attention. With so much energy required, many parents may feel they are not spending an adequate amount of time on a specific area of their life. This situation likely affects many married parents, but may be felt even more acutely by those single or divorced parents who are attempting to maintain a home and a relationship with their children without support from a partner.
Work-Life Balance
A recent article offered several suggestions for ways to increase the amount of time mothers can spend with their children, but surely parents of both genders can heed the advice.
Domestic violence includes acts of violence that occur between current and former romantic partners. Many different types of acts may be considered domestic violence, as a wide range of actions may cause physical or psychological harm to the victim. Domestic violence is the leading cause of injury to women in the United States, with the statistic that a woman is beaten every 15 seconds. While its direct effects on the victim are often far too obvious, it affects all family members, especially where children are involved.
The Extent of the Problem
Many incidents of domestic violence are never reported, which makes particularly accurate information hard to come by. Still, many aspects of the problem are known. Domestic violence is something that can affect anyone, from any social, economic, ethnic, cultural, or age group. It does not discriminate based on type or nature of the relationship.
After a divorce, it is common for the former spouse to pay child support, alimony or sometimes both. What happens when one spouse remarries? Remarriage can have an affect on the duration and amount of child support payments the custodial parent (the parent who has primary custody of the child) receives. Therefore, it is worth considering all of the legal consequences before entering into a new marriage.
How is Child Support Calculated in Illinois?
Child support laws are governed by the Illinois Marriage and Dissolution of Marriage Act. The Act describes specific child support guidelines that the courts must follow to determine how much child support must be paid to the custodial parent. Typically, the amount of child support is calculated by the non-custodial parent’s (the parent who does not have legal custody of the child) net income and the number of children he/she is responsible for. The court is also allowed to consider other factors such as:
In 1988, 75 year old billionaire tobacco heiress Doris Duke adopted a 35-year-old woman named Chandi Heffner. Duke believed that Heffner, a fellow Hare Krishna devotee, was the reincarnated soul of Duke’s only child. As is too common for billionaire tobacco heiresses, Duke and Heffner’s relationship became strained leading to Duke to decide that the adoption of Heffner was the “worst mistake of her life.” Duke negated the adoption, and in turn, Heffner sued Duke.
At 32 years old, Maurice Griffin was finally adopted by his one time foster family. After Maurice arrived in the Harris household, the Harris family and Maurice bonded. Unfortunately for young Maurice and the Harris family, California wrongfully removed him from the Harris family. During the ensuing years, Maurice searched for the Harris family, eventually finding them when he was in his late twenties.
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