Posted on August 03, 2015 in Main

In divorce cases in which children are involved, one aspect that is sometimes disregarded is the impact on grandparents and their ability to see their grandchildren. This can often be very frustrating for grandparents and confusing for minor children. However, it is possible for grandparents and great-grandparents (as well as siblings) to request the court to grant them visitation rights.

Requesting Visitation

Visitation is defined as in-person time spent between parents and their minor children. Normally, visitation is associated with the non-custodial parent spending time with his or her children. However, visitation can also be expanded for grandparents or siblings. Under Illinois law, grandparents and siblings of children who are at least a year old can petition the court to request visitation. A petition for visitation may be brought during a pending divorce proceeding or any other proceeding that involves custody or similar issues.

Continue Reading ››

 Posted on August 03, 2015 in Main

When a child is involved in a divorce, an important issue to be resolved is determining how the child will be raised. One aspect of this issue is the religion under which the child will be raised. For some divorcing parents, religion is not an issue, because the parents either have similar religious views or one or both do not have a serious preference. However, for others, the issue of religion is a critical part of the post-divorce relationship.

The issue of a child's religion is becoming more prevalent as couples with different religious beliefs are going through divorce. The decision of what religion a child will be raised can also impact several additional decisions related to the child; such as, education and after-school activities in which the child will be involved. Further, divorcing parents may have intended to agree on the religion of the child during their marriage; however, the strain and emotion of a divorce may cause them to be uncooperative with each other now that they are separating.

Continue Reading ››

 Posted on July 31, 2015 in Main

The idea of one spouse paying the other spouse child support and/or maintenance upon divorce is a familiar topic for most people. These payments provide needed income for the spouse with a lower income, as well as the spouse who has custody of the children. However, under an alternate form of payment—unallocated support—both the paying spouse and receiving spouse can benefit.

What is Unallocated Support?

Through unallocated support, an individual pays an amount to a former spouse which represents the payment that would have to be made for maintenance and child support. However, the payment does not specifically allocate between what is child support and what is maintenance (hence, the name unallocated support). This difference can have important tax implications in certain circumstances.

Continue Reading ››

 Posted on May 11, 2015 in Main

The Illinois Adoption Registry and Medical Information Exchange (IARMIE) program facilitates the transmission of information between members of adoptive and birth families. At some point throughout one's life, parents or children may want to initiate contact or obtain medical history. In fact, knowing a biological parent's medical history can help develop a clearer picture of future potential health issues. The Department of Public Health establishes the regulations in order to operate the Registry confidentially.

Under Illinois law, an Adoption/Surrender Records File is created when a person voluntarily registers with the Registry through the completion of an Illinois Adoption Registry Application or a Registration Identification Form. A Records File contains, if available, the following information:

1. Certain sections of an adoption application or registration form;

   Continue Reading ››

 Posted on February 19, 2015 in Main

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The process of obtaining a divorce can be difficult and complicated. The complexity increases when children are involved. In addition to issues like custody and visitation, a determination of the amount of child support must be made. The amount of child support depends on a variety of factors and failure to pay can have significant consequences.

Determining the Amount:

Under Illinois law, for purposes of child support, a minor child is anyone under the age of 18 or anyone under the age of 19 who is still in high school. The court may order either or both parents owing a "duty of support" to a child of the marriage, to pay child support. A duty of support "includes the obligation to provide for the reasonable and necessary educational, physical, mental and emotional health needs of the child."

Continue Reading ››

 Posted on December 05, 2014 in Main

When an individual attempts to end their marriage, or tries to inherit from a spouse, it can come as shock to discover he or she was never legally married in the first place. Situations such as these can cause problems for an unwitting spouse, and he or she may suddenly feel abandoned and left without protection under the law. However, in Illinois, there may be hope if certain conditions are met.

Putative Spouse Under Illinois Law

In various cases, the saving grace under Illinois law is the recognition of the concept of a putative spouse. A putative spouse is a person who:

• Goes through a marriage ceremony; and
• Cohabits with another person to whom he or she is not legally married in the good faith belief that he or she was married to that person.

Continue Reading ››

 Posted on November 24, 2014 in Main

Going through a divorce can be very difficult for both spouses. A divorce signifies a massive change in life, and, as such, either or both spouses may wish to seek solace in a new partner for comfort and love. Although dating may provide emotional support, spending time with a new romantic interest could negatively impact the divorce proceedings before they are finalized.

Dating Outside of Divorce May be Grounds

Spouses can get divorced in Illinois by claiming irreconcilable differences and satisfying a time period of separation from each other. Spouses may also be divorced by claiming certain grounds for divorce, one of which is adultery. However, claiming adultery only gives a spouse the basis for a divorce, and is not considered a factor when a court is deciding division of marital property or child custody, as the law does not consider marital fault in those matters.

Continue Reading ››

 Posted on October 19, 2014 in Main

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

Continue Reading ››

 Posted on September 24, 2014 in Main

Separation and divorce can emotionally and psychologically impact a child. The way parents treat one another can make a significant difference in how a child processes the parents' separation. In some cases, one parent may choose to take a "scorched earth" approach in attempts to destroy the relationship between the child and the other parent. A parent may even exert undue influence on a child by speaking badly about the other parent to ensure he or she receives sole custody. However, when this happens, the child can be left psychologically scarred. In response, a court may decide to end or severely limit the visitation rights of the offending parent.

Possible Criminal Charges

Continue Reading ››

 Posted on August 20, 2014 in Main

Mediation is a part of a process known as alternative dispute resolution, which involves resolving issues outside of the courtroom. In child custody matters, mediation refers to a process where the parties to a divorce come together with a trained mediator to work out custody and visitation issues in their case. The mediator's role is one of a referee, facilitating communication between the parties as they work out the issues in their divorce, and how they would like to see them resolved. Mediators can either be appointed by the judge in the case, or agreed to by the parties. For divorces involving child custody/visitation issues in most counties, judges can and will order the parties to attend mediation through a Court Referred Divorce Mediation Program.

Court ordered mediation may be ordered in situations where the parties need to resolve issues of parental responsibility, custody, visitation, removal and access to children. In mediation, the parties can prioritize the needs of their children, explore their parental relationships, and come up with a parenting plan that works for the whole family. In order to further one potential goal of mediation, working out the child issues in a way that benefits all the parties, the parents are ordered to attend parenting classes. These classes can be very beneficial to parents, teaching them how to co-parent after the divorce.

Continue Reading ››