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630-580-6373630-580-6373NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
Issues of child support are often about more than money and can be very emotional for all parties involved—having to face an ex-spouse in court can be difficult and nerve wracking. Hence, mistakes may be made by both the party paying child support and the party receiving child support. Still, many (if not all) of these common mistakes can be avoided with the assistance of a knowledgeable child support attorney. Consider the following mistakes and how they can be avoided.
Not Speaking With an Attorney Early Enough
Child support laws may seem straightforward; however, like most laws, there are important exceptions and clarifications to every rule.
If someone is alleging that you are the father to a child that you do not believe is yours, then it is important to take the necessary steps to prove parentage and make sure that you are not liable for child support or other responsibilities to the mother or child.
If You Are Married to the Mother
Under Illinois law, if you are married to the mother of the child at the time of the birth, there is a presumption that you are the father of the child. The spouse of the mother is also presumed to be the father of a child if the mother was married and the marriage ended within 300 days before the birth of the child. If there are two different presumed fathers, then the court will look at all the facts and circumstances and make a decision in line with the best interests of the child.
Illinois allows an exception for babies born under a valid gestational surrogacy agreement. For instance, if a man is married to a woman who has agreed to be a gestational surrogate pursuant to a valid contract, then he will not be presumed to be the father.
It is no secret that Illinois child welfare system, specifically the Illinois Department of Child and Family Services (DCFS), has various problems that need to be fixed. The Chicago Tribune describes the state’s child welfare system as “troubled.” However, hope is on the horizon.
A federal judge recently approved an Illinois plan to make massive changes to the system and to keep more children in home-like environments rather than in institutions.
Issues with DCFS
In the past, DCFS has been criticized for not doing a sufficient job at keeping the children in its care safe and well treated. The children that end up in DCFS custody are often the most vulnerable; hence, it is even more important that these children are treated humanely.
The American Civil Liberties Union (ACLU) has been monitoring the Illinois DCFS for decades and has been critical of the state’s use of residential juvenile detention facilities. Last year, a court appointed a panel of experts who found that the Illinois DCFS system needed sweeping reforms and also suffered from systemic deficiencies.
NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
When considering divorce, couples often question the financial situation that may result. One major question a divorcing couple with children often has is how much money a parent must pay in child support. Unfortunately, not all couples see eye to eye on matters of child support, or other family matters such as parenting time and parental responsibility. Therefore, it is essential to speak with a skilled family law attorney who can inform you of the law and guide you through the process.
Which Parent Pays?
With the elimination of the term “custody” from the Illinois Marriage and Dissolution of Marriage Act, it may not be clear as to which party is responsible for paying child support and which party will receive it. In the past, the non-custodial parent paid child support to the custodial parent. However, now that parenting time is allocated between the two parents, it may be more difficult to determine who pays child support.
Studies show that children who witness a domestic violence attack grow up feeling isolated and vulnerable. Witnessing an incident can mean more than just seeing an attack happen. It can also mean a child hearing threats or fighting noises of an abusive situation, or observing the aftermath such as blood, bruises, crying, torn clothing, and broken items around the house. All of these can have long term effects on the child of an abusive relationship.
Exposed children can become more fearful or anxious when put into certain situations. This can result in keeping a secret from the rest of their family, whom could have helped the victim otherwise. In some cases, the burden of keeping this undisclosed information can cause adolescents to blame themselves for the abuse they witnessed and think that if they would have told someone or done something about it, then the abuse would not have continued. In extreme cases, children can become emotionally, physically, or even psychologically abandoned.
If you in the process of a divorce or even just considering divorce, it is important that you have a basic understanding of divorce mediation because it may be a viable, or even your best, option.
What is Divorce Mediation?
Divorce mediation is a process where a trained third-party neutral mediator helps you and the spouse you are divorcing come to decisions about division of property, spousal support, child custody issues, and any other things that you need to figure out for your divorce. Divorce mediation allows a couple to prioritize what is most important to them and to hopefully come up with solutions to problems that both can live with. The mediator is there to help couples come to an agreement and to also make sure that the negotiations are fair and both sides have their voices heard. The mediator is impartial, though he or she can advise couples on the law in Illinois if he or she is an attorney. Mediators also keep the couple focused on the task at hand instead of letting them get bogged down in resentments and emotions.
Historically, in order to get a divorce, one of the parties would have to prove that there were “grounds” for the divorce. Accepted grounds included adultery, abandonment, and cruelty. In the 1970s states began to pass so called “no fault” divorce laws. No fault divorce laws allow couples to get divorced without one of them being blamed for bad behavior. At the beginning of this year, Illinois made changes to its divorce law to make it even easier for couples to take advantage of the no fault statute.
No Fault Divorce Law History
California was the first state to pass a no fault divorce law, which went into effect in 1970. No fault divorce gives couples a way to end their marriage more amicably, at least on paper. In some cases, when both parties wanted a divorce, one would allege a ground and the other party would falsely testify that it happened so that the divorce would be granted. The change toward no fault divorce was in part intended to reduce this perjury. State legislatures also saw community norms changing around divorce, which prompted them to make divorce easier and more of a choice of the couple rather than something to be proven in court.
At the beginning of 2016, Illinois family law went through some major changes. These new laws included provisions regarding who the child lives with, now called parenting time, and laws dealing with who has the responsibility for making important decisions about the child’s life, termed “parental responsibility.” Now, as a consequence of the changes to the Illinois Marriage and Dissolution of Marriage Act, an Illinois court has recognized a “psychological” parent and given her significant parenting time and parenting responsibilities.
What is a “Psychological Parent”?
A “psychological parent” is a term used in legal proceedings to indicate someone who has taken on the role of the parent but otherwise has no biological or legal connection to the child. For example, if someone has lived with, fed, taken a child to school, and performed other parenting type tasks consistently over a period of time (and was not paid by the biological parent to perform these tasks, such as a nanny), he or she may argue that they are a psychological parent to the child and therefore deserves some rights.
A 35-year-old Illinois man was recently sent to jail for not paying child support. The man was arrested and charged with contempt of court for not paying child support fees. The judge said that he could be released if he posts $250 bail. This recent police beat report is notable because it is relatively rare that someone will be jailed for not paying child support. However, it is possible; as such, parents who are responsible for paying child support should not simply stop making payments without first consulting with a skilled legal professional in the area.
Illinois Non-Support Punishment Act
The penalties for not paying child support are governed by the Illinois Non-Support Punishment Act. This statute is a great place to start to look at the law, which also governs penalties for refusing to pay spousal support.
There are four different ways that you can be convicted of non-payment of child support and they all have specific requirements. The different provisions of the law include:
When you are considering divorce, it is important to think about all the consequences that a divorce might bring. One of the major aspects to think about involves the tax implications of divorce. Indeed, it is important to understand some of the tax implications of a divorce, but there may also be exceptions or specific sections of tax law that may apply to your specific situation that are not mentioned here. The best way to find out exactly what tax implications you should be aware of is to talk to a skilled divorce attorney who is knowledgeable about the tax implications of divorce.
Filing Status
One of the most obvious tax consequences of divorce is that it can have a big impact on filing status. If you are officially divorced by New Year’s Eve, then you have to file as either single or head of household. If your divorce decree has not been approved by the judge at that time, then you can file either as married or married filing separately. Depending on your situation it may make sense to wait to file until the next year, or, in some cases, you should make sure that you file before the year is up.
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