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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.
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:
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
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.
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.
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;
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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