Child divorce illinois law support
The guidelines as set forth in the statute are minimum guidelines.
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Where appropriate, the court may deviate from the guidelines and order the paying party to pay more or less than guideline support depending on relevant circumstances. For example, if the paying party is a high-income earner and payment of minimum guideline support would result in a windfall to the custodial parent, the court may allow a downward deviation from the minimum guidelines. The obligation to pay child support continues until the child is emancipated.
If a child has special needs, including mental or physical disability, the court may order that support payments continue beyond the typical termination events. Therefore, when entering an order for child support, the court will generally require the obligated parent to obtain a life insurance policy for a specific amount, with the child listed as the sole beneficiary of the policy.
Under certain circumstances, child support may be modified. In limited cases, the court may enter an order abating child support for a certain period of time. When the court enters an order abating child support, the obligated parent is not required to make payments for the specified period of time.
Abatement is different than termination of child support payments in that the amounts due for child support accrue during the period of non-payment and are expected to be paid at a later time.
What is the difference between joint and sole custody?
It is the expectation of the court that the obligated parent is being diligent and making a good faith effort to obtain gainful employment and that payment of accrued support payments will occur upon obtaining new employment. If you have questions regarding child support or wish to discuss your particular case, please feel free to call the Law Office of Catherine M. In determining the appropriate division of payment, the court will consider what each party can afford to pay.
For example, a child may desire to go to a private school or expensive school out of state. Parents are not required to pay for a school that they can not afford when there are available less expensive alternatives that are within the financial ability of the parents and child to pay.
Illinois Divorce Laws With Child Support, Custody & Visitation Rights
Maintenance, formerly known as alimony, is experiencing a resurgence in Illinois. The court will consider several factors in determining whether an award of maintenance is appropriate. Maintenance may be awarded on temporary or permanent basis. In some cases, maintenance will be awarded for a set period of time e. This type of maintenance is called rehabilitative maintenance.
Chicago Loop Child Support Lawyers | Arami Law | Family Law Firm in Chicago
In other cases, a specified amount of maintenance is awarded in a single lump sum payment. This is called maintenance in gross.
When the court deems it appropriate, rehabilitative maintenance may be set for a specified period of time to be reviewed at a time as determined by the court. This is called reviewable maintenance. The type of maintenance awarded to a party depends on various factors including the purpose for which maintenance is awarded. The law and public policy in Illinois state that both parents have a financial duty to support their children. If the law did not permit the courts to award retroactive child support, a parent could avoid an obligation to pay support by stalling and delaying.
New Illinois Child Support Law Taking Effect in 2017
By granting the courts the power to award retroactive child support, the legislature intended to avoid creating an incentive for delay. In determining whether and to what extent retroactive child support payments should be ordered, the court will consider all relevant factors. In our hypothetical scenario, those factors would include:. In Janssen v. Turner , the Appellate Court examined an award of retroactive child support. In that case, the child of two unwed parents was two years old when the mother filed an action to establish child support.
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With certain exceptions, certain non-parents may bring an action requesting visitation with a child. The newly amended Section Getting a Divorce is a difficult time of life, choosing the right attorney should not be!
Parenting Time / Child Custody and Visitation
For over 4 decades Alan Pearlman, Ltd. Here are some of the major changes to the Illinois Marriage and Dissolution of Marriage Act that have taken effect this year: I. Maintenance is barred after the end of the period during which fixed-term maintenance is to be paid.