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Child Support, Paternity, Parenting Time
In 2017, a new child support law has changed how child support is calculated in Illinois. The changes took effect on July 1, 2017. As a result, the calculation of child support payments from a non-custodial parent to a custodial parent will no longer be based solely on the non-custodial parent’s income. Now, there is an income sharing model which takes into consideration both parents’ incomes, the amount of parenting time each parent has and the responsibility of each parent for the child(ren).
HOW CHILD SUPPORT IS NOW CALCULATED
The parent’s net income is still a factor. This net income is determined by adding up all sources of income and deducting eligible tax obligations and expenses. In a divorce case, if maintenance is awarded in addition to child support, then the net income is determined after subtracting the maintenance amount from the gross income, in addition to other eligible deductions.
HOW LONG YOU ARE RESPONSIBLE TO CHANGE CHILD SUPPORT
You are obligated to support you child(ren) until they reach the age of 18. And it is possible for a court to order support for a child obtaining higher education which can obligate you to pay support past the age of 18.
CHANGES TO YOUR CHILD SUPPORT
If your child(ren)’s needs or your financial situation change it is possible to change your child support agreement. If you are the parent paying child support you may have a significant change in your circumstances. You have the right to have your child support order reevaluated every three years or at any time you or your child(ren) experience a significant change in circumstances.
f we can demonstrate the significant change in circumstances, the court may grant a modification of your child custody payment based on a percentage of your current net income or the additional needs of your child(ren). We can help you pay or obtain the child support that is reasonable and just for your circumstances. We work to preserve your financial interests and the interests of your children.
Your child support payment may include contributions towards uncovered health issues, child care expenses, educational pursuits and/or extracurricular activities. Contact our office 847-468-1200 to schedule your consultation today.
A child’s mother, a man who believes he is the biological father of a child, or the child may file a petition asking a court to determine paternity. When a court determines paternity, it establishes who is the legal father of the child. The legal father has parental rights and responsibilities including the right to parenting time, the right to petition for custody of the child, and the responsibility to support his child. The legal father may or may not be the same man as the child’s biological father.
BIOLOGICAL OR LEGAL FATHER
The child’s biological father is established through a positive DNA test. A man is a child’s legal father if:
- The man was married, in a civil union, or similar legal union to the child’s mother when the child was born or when the child was conceived;
- The man married, entered a civil union or similar legal union with the child’s mother after the child’s birth and is listed with his written permission as the child’s father on the child’s birth certificate;
- A court order or Illinois Department of Public Aid administrative order establishes that the man is the child’s legal father; or
- The man and the child’s mother have signed a Voluntary Acknowledgement of Parentage (or Paternity) form.
Whether you want to establish or disprove paternity we will help you file a petition to determine paternity. A determination of paternity can permanently affect your legal rights and responsibilities. Additionally, a determination of paternity can permanently affect your legal rights and responsibilities. We will help you understand the potential legal ramifications of a paternity determination and guide you every step of the way. We can help defend you if a child’s mother accuses you of being the father of a child and you believe you are not in fact the father. We can help you defend you against such accusations and protect your legal interests.
We can help establish your paternal rights when you believe that you are the biological or legal father. We can help protect your parental rights you when you have evidence that you are the child’s biological father but some other man also claims to be the child’s father. We can assist you when you want to have a definitive ruling to establish that you are in fact the biological or legal father of a child.
Contact us to establish and ensure that you receive all your paternity rights and establish your parental obligations by filing for a declaration of paternity. Schedule your appointment to us today by calling 847-468-1200.
Parenting Time (formerly Visitation)
We work with clients to establish and obtain just and reasonable parenting time with their child(ren). We are committed to keeping the needs of our clients and their children our top priority. Parenting time is an essential to maintain a loving relationship with your child(ren). Illinois courts recognize your right to regular, meaningful contact with your child(ren), subject to reasonable restrictions that serve the best interests of the child(ren).
OBTAIN PARENTING TIME
We work to establish a parenting time agreement that is customized to meet your family’s specific needs and circumstances. We will work in cooperation with every involved party to develop an arrangement that suits your family dynamic. Parenting time agreements often detail a schedule that takes into account birthdays, holidays, school breaks, extracurricular activities, and family traditions. We will handle your parenting time case with respect, consideration and professionalism
DISPUTING PARENTING TIME
We understand that parenting time disputes occur. That they may arise a custodial parent has a well-founded fear that a child’s contact with the other parent is detrimental. Or the custodial parent may deliberately interfer with parenting time to alienate the other parent. Whatever the reason, we work to obtain and maintain just and reasonable visitation in light of the circumstances in your family dynamic. We will advocate for you and your child(ren).
Some resolutions to parenting time disputes that we can help obtain are: Restricted and supervised visitation — A custodial parent may establish that contact with the noncustodial parent is detrimental to the child. In such cases, after the investigation of the allegations, the court may prohibit contact or order parenting time restrictions, such as not allowing a parent to drive the child(ren) in a motor vehicle or take the child(ren) home. The judge may order supervised parenting time and appoint a supervisor or a responsible party agreed to by the parents to monitor the parenting time. When the court is satisfied that the child(ren) is/are no longer in danger, the court can life the restrictions.
The court may require safe location exchanges when the parents have difficulty dealing with each other are. The court may require the parents to transfer custody for parenting time at a safe place, such as a public library, post office or police station.
To prevent parental alienation, a court will reevaluate a parenting time order when one parent attempts to alienate the affections of the child(ren) from the other parent. Examples of parental alienation may be when a parent, however subtly, rewards a child for rejecting the other parent or punishes the child for demonstrating affection for the other parent. The court will seek to preserve a parent child relationship.
ADJUSTING PARENTING TIME
Adjustments to a parenting time agreement can be reached when the child(ren)’s schedule changes due to school or activities. You may need to modify parenting time. Minor adjustments can be easy to negotiate.
Major parenting conflicts are likely to erupt when a custodial parent wishes to relocate with the child(ren). We are experienced and understand that parenting time issues can be complex, but we want to clearly and convincingly advocate your facts and circumstances. When possible, we encourage parents to reach an agreement on child custody through negotiation or mediation. Often, a more amicable agreement can be reached outside of the courtroom.
We want to help foster a more positive relationship between parents where possible and help you provide a more stable environment for the child or children. We want to maximize your role in your child(ren)’s life. Contact our office to schedule your consultation at 847-468-1200. We look forward to meeting you to obtain just and fiar parenting time for you and your family.