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Overview Of Changes To Child Custody Laws In Illinois

Illinois substantially altered the factors that courts may rely on to ascertain what is in the best interests of the child regarding child custody disputes. In 2015, Illinois passed Senate Bill 57, a major revision to the Illinois Marriage and Dissolution of Marriage Act, eliminating the concepts of “custody” and visitation” and replacing them with “parental responsibilities” and “parenting time.” … [Read more...]

Child Support for Special Needs Children

Divorcing parents of special needs children in Illinois may be facing a few unexpected child support considerations that would not generally apply to parents with children who possess full mental and physical capability. Since children with mental or physical disabilities often require more complex and expensive medical, emotional and educational services than the average child, Illinois courts … [Read more...]

New Illinois Child Support Law Calculates Both Mom and Dad’s Income

New child support legislation can be more equitable because it requires considering the incomes and needs of both mothers and fathers. A calculation outputs each parent's dollar responsibility. Generally, the higher the net income of the recipient, the less child support they will receive. A goal of the new law is to attempt to preserve the child's previous family-intact financial lifestyle. It … [Read more...]

Study Examines Factors for Non-payment of Child Support

A recent study found that the two primary reasons why non-residential parents refuse to pay child support are due to a lack of funds or because the residential parent did not allow the other parent to visit the child. This study is notable because, according to the author, it is the first (and perhaps only) study that delves into the reasons that underlie why fathers fail to pay child … [Read more...]

Retroactive Child Support An Option For Custodial Parents

Illinois judges use the power of retroactive child support to help custodial parents to recover some of the costs of child rearing before an official child support arrangement is finalized. Retroactive support is usually applied in one of three cases. Situations Where Retroactive Support Is Available Divorce A divorce attorney may seek retroactive child support in a divorce proceeding … [Read more...]

Child Support Changes on the Horizon

In addition to the numerous changes the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has already seen throughout the past year, the way child support is calculated in Illinois is soon to change as well. Effective July 1, 2017, the use of an income shares model will be implemented to determine the amount of child support to be paid. While the new law may initially create some confusion … [Read more...]

Illinois updates child custody laws

Illinois enacted changes to its child custody and visitation laws which went into effect in 2016. These changes were done to adapt the laws to needs of the modern American family. … [Read more...]

How Does Domestic Violence Impact Child Custody Cases?

Domestic violence is not uncommon in the United States. In fact, an estimated three million children witness acts of domestic violence each year, and between 25 percent and 50 percent of all disputed custody cases involve domestic abuse. According to research, somewhere between 30 percent and 60 percent of children who live in homes where domestic violence occurs are physically or sexually abused … [Read more...]

Enforcing Child Support in Illinois

According to information provided by the United States Census Bureau, an estimated 14.7 million parents in the United States have custody of approximately 23.4 million children. An astounding 28.1 percent of children live with one parent while the other parent resides someplace else. Sadly, while 31.8 percent of mothers and 16.2 percent of fathers with residential parenting time live below the … [Read more...]