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A common misconception is that parents who share equal custody, known as parental responsibilities in Illinois, do not have to pay child support. However, under Illinois law, that is not necessarily true. Even when parents split parenting time 50/50, one parent might still be required to pay support if there is a significant disparity in income. A Wheaton, IL child support attorney can help you figure out how the law applies to your specific situation.
Illinois uses an "income shares" model to calculate child support. This method, explained in Section 505 of the Illinois Marriage and Dissolution of Marriage Act, looks at the combined net income of both parents to determine how much money should go toward raising the child. The idea is that a child should receive the same financial support they would have if their parents stayed together.
Establishing parentage, commonly referred to as paternity, is an important legal step for parents in Illinois. It is the first step in protecting a father’s rights and the child’s best interests. Before speaking with an experienced Wheaton, IL paternity lawyer about your case, consider some frequently asked questions about paternity and how Illinois law handles these cases.
Under Illinois law, a man can be required to take a DNA test if paternity is disputed. According to Article 6 of the Illinois Parentage Act of 2015, the court may order genetic testing if someone files a petition to establish or challenge paternity. It is not uncommon for a man to refuse the test. If that happens, the court can enter a default judgment declaring him the child’s legal father. He then takes on all the legal responsibilities of a parent and can be subject to a child support order.
Divorce can be complicated, especially when spouses live in different states. If you live in Illinois and your spouse lives in another state, you can still file for divorce locally, but the divorce process can be significantly more complex. Understanding jurisdiction and notice requirements is part of moving forward with divorce confidently, and an experienced Wheaton divorce attorney can help.
The first step in filing for divorce in Illinois is determining whether the state has jurisdiction over your divorce. Under 750 ILCS 5/401, you must have an established residence in Illinois for at least 90 days before filing. It does not matter where your spouse lives. Your residency alone is enough to initiate proceedings in the state. As long as you meet this residency requirement, the court has the authority to grant you a divorce.
In Illinois, what happens to credit card debt during divorce depends on whether it is characterized as marital or non-marital. In many cases, both spouses can be responsible for debt, even when the account is in only one spouse's name. If you have questions about the specifics of asset and debt division during the divorce process in Illinois, a Wheaton divorce attorney can help you understand how the law applies and protect your financial interests if hidden debt is involved.
Illinois statute 750 ILCS 5/ addresses the division of property and debts during divorce, and according to the law, marital debt includes most debts incurred by either spouse during the marriage, regardless of which name is on the account. For example, a credit card used to pay for everyday family expenses would likely be considered marital debt. However, credit cards acquired before the marriage or after a judgment of legal separation and tied solely to one spouse’s non-marital activities will typically be characterized as non-marital debt.
Parenting time, commonly known as visitation, may need to change periodically to adequately reflect the evolving needs of your family. To modify a parenting time agreement, a judge needs to see that a significant change in your circumstances has occurred since your last parental responsibilities decree. The first step in petitioning the court for a modification of parenting time is to speak with a knowledgeable Wheaton, IL child custody attorney who can help you understand the reasons a judge may accept your request.
In Illinois, at least two years must pass since the court ordered your parental responsibilities decree before you can try to change it. After two years, either parent is allowed to request a modification of parenting time. However, if it has been less than two years since your court order, the court may modify the agreement if waiting would endanger your child physically or emotionally. Additionally, modifications can be made early if both parents agree to the changes.
When a prenuptial agreement you signed years ago no longer represents your wishes, you may be able to challenge it during the divorce process. The terms may be outdated and no longer fair under your current circumstances, making it unreasonable to enforce the contract. If you are concerned that your prenup will result in an undesirable divorce decree, an experienced Wheaton, IL prenuptial agreement attorney may be able to help.
A prenuptial agreement is supposed to make the divorce process easier, but when the terms are no longer appropriate, it should be contested. First, you need to meet with an attorney who will go over the contract with you. Even if the prenup is well-drafted and legally binding, your lawyer may be able to find ways that it is unenforceable. Some common reasons that the court may not honor a prenup include:
Parents all over Illinois rely on child support payments to help them provide their children with necessities. When a parent defaults on payments, Illinois law allows you to seek help in enforcing the support order. Consider the primary methods used to force a non-custodial parent to comply with a child support order before talking to an experienced Wheaton, IL child support attorney about the details of your case.
The Division of Child Support Services (DCSS) from the Illinois Department of Healthcare and Family Services typically handles the enforcement of child support orders. The mechanisms used to enforce a support order can be activated any time after the non-custodial parent misses a court-ordered payment. Some ways to enforce payment include:
Sometimes, a judge will require a couple to go through the mediation process during divorce in Illinois. Mediation is helpful for many reasons, including offering a less expensive and faster option for divorce proceedings than the litigation process. For many couples, having a neutral party walk through critical elements of divorce with them alleviates a significant amount of stress. After speaking to a Wheaton, IL divorce attorney about the benefits, you may decide to attempt the mediation process without a court order.
According to Illinois law, a judge must require parents to undergo mediation if they cannot agree on a parenting plan as part of their divorce or if they have not been able to agree on modifying or enforcing an existing parenting plan. Therefore, if you have children and you and your co-parent disagree on the terms of the allocation of parental responsibilities, including decision-making obligations and parenting time, the court may require you to work together in mediation with a neutral third party to try to reach a compromise. According to statute 750 ILCS 5/602.10, the only time a judge would likely refrain from ordering mediation would be if there are impediments to the process.
In a divorce, the property division can quickly become one of the most difficult issues to resolve, especially when one spouse claims that certain money or assets should not be shared. Under Illinois law, not all property is automatically considered marital. Some assets are treated as separate or non-marital property, and they generally remain with the original owner. But proving this can be more complicated than many people expect.
If you believe that some of your money should not be divided during your divorce, it is important to understand how separate property is defined, how it can become commingled, and what kind of documentation can help you protect it. At Davi Law Group, our Wheaton, IL divorce attorney can help you do exactly that.
Under the Illinois Marriage and Dissolution of Marriage Act, separate property is generally anything acquired before the marriage or received individually during the marriage by gift or inheritance. This includes money, investments, real estate, gifts, and personal injury settlements, just to name a few. These assets are not subject to equitable distribution unless they become commingled with marital funds.
Deciding to file for divorce is one of the most difficult and personal choices a person can make. Whether your marriage has slowly unraveled or reached a sudden breaking point, preparing before you file can make a significant difference in the process ahead. Taking practical steps early on can protect your interests and reduce the emotional and financial strain of divorce.
At our family law office, we guide clients throughout DuPage County through every stage of the divorce process, beginning with thoughtful preparation. Our Wheaton, IL divorce attorney offers free consultations to help you understand your options and make informed decisions from the very beginning.
Many people feel overwhelmed by the uncertainty that comes with divorce. Taking these five proactive steps can help bring clarity and direction:
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