Illinois Child Support
According to state divorce laws, either or both
parents can be ordered to pay Illinois
child support. Determination of the amount is based on child support guidelines put in place by the Illinois legislature
and enacted into law, and is a percentage of net income. In general, you can expect the non-custodial parent to
pay IL child support in accordance with these guidelines. The court does have latitude however, and can deviate beyond these
parameters. If the court deviates from these child support guidelines, it must make a written finding why the deviation is
appropriate. An Illinois child support payment is based on the following considerations:
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The financial resources and needs
of the child, |
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The financial resources and needs of the custodial parent, |
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The standard of living the child would have enjoyed had the marriage not been dissolved, |
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The physical and emotional condition of the child, and his educational needs, |
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The financial resources and needs of the non-custodial parent. |
If a legal separation is anticipated, the court may make such further
orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children,
by either spouse, or out of the property of either spouse, as the court deems appropriate.
IL child support laws provide that in cases where
a marriage annulment
or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights,
protections and parental financial support, including that the children are not considered illegitimate offspring of the
parents, that other children of the state receive.
Illinois child support ends once the child reaches 18 years of age; or at age 19 if the child is still in High School.
Support will terminate upon graduation if the child is beyond age 18, but in either case support terminates at graduation
or age 19, whichever comes first.
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 Illinois Child Custody
Family courts determine child custody in accordance with the best interest of the child. The Family Court's
aim is to have a Child Custody Schedule in
place, providing to the parents an opportunity to create a Parenting
Plan and Visitation
Schedule, or imposing its own schedules
if the parents fail to agree. The Family Court will consider all relevant factors including the following guidelines:
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The wishes of the child's parent or parents as to custody of the child; |
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The wishes of the child as to custody; |
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The relationship of the child with his parent or parents, or siblings; |
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The child's adjustment to his home, school and community; |
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The mental and physical health of all individuals involved; |
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The physical violence or threat of physical violence by the child's potential custodian; |
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The occurrence of ongoing abuse; |
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The willingness and ability of each parent to facilitate and encourage a close and
continuing relationship between the other parent and the child. |
Laws of Joint Custody Illinois Statute §5/602.1
Unless the court finds the occurrence of ongoing abuse, it shall
presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional
well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint
custody but upon the application of either or both parents, or upon its own motion, the court shall consider an award of
joint custody. The court may enter an order of joint custody if it determines that joint custody would be in the best interests
of the child, taking into account the following:
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The ability of the parents to cooperate effectively and consistently in matters that directly
affect the joint parenting of the child. 'Ability of the parents to cooperate' describes the parents' capacity to substantially
comply with a Child Visitation Schedule agreed
to by themselves or ordered by the court. The court will not consider the inability of the parents to cooperate effectively
and consistently in matters that do not directly affect the joint parenting of the child; |
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The residential circumstances of each parent; |
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All other factors which may be relevant to the best interest of the child.
The court doesn't consider conduct of a present or proposed custodian that does not affect the relationship to the child. |
In the absence of ongoing abuse, the court presumes that maximum involvement by both parents is in the
best interest of the child. Joint custody is one of the considerations of the court, but it does not
necessarily favor that arrangement unless one or both parents suggest it, or if in the court's view, it serves the child
in the best possible manner. The court may take the following into consideration for child custody consideration:
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The capability of the parents to cooperate effectively and consistently
in matters that directly affect the joint parenting of the child, |
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The residential circumstances of each parent; and |
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All other factors which may be relevant to the best interest of the child. |
The Child Custody Agreement, either agreed
to by you and your spouse, or imposed by the court, will become part of the final decree.
Access to Records
Illinois divorce laws requires that neither parent will be denied access to records and information pertaining to a child,
including but not limited to medical, dental, child care and school records unless one parent is prohibited access to those
records by a protective order.
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 Visitation
Co Parenting
If the parties can reach an agreement about visitation (Parenting
Plan) and it conforms to Illinois divorce laws, it will likely be included in the final decree. If no agreement can be
reached, the court will decide. The non-custodial parent has a right to reasonable visitation with the children.
Ages of the children are factored into any decision handed down from the court. The Standard Visitation Plan Template features for a non-custodial and his/her
children may involve alternate weekend visitation (3-day weekends included), mid-week
visits, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh
Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father,
Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. Be sure
to have included in the final orders specifically who picks up
and drops off, where that happens, what will happen if one parent isn't consistently on time,
etc.
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything.
You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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Mediation
Marriage
Counseling
 If the court concludes that there is a prospect of reconciliation, the court, at the request of either party,
or on its own motion, may order a conciliation conference, as guided by Illinois divorce laws. The conciliation conference
(mediation) and counseling would take place by court order. By the same token, the court can prohibit conciliation,
mediation or marriage counseling if it believes it is not in the best interest of one or both parties.
In an action for dissolution of
marriage (divorce) involving minor children, the court may order the parties, excluding the minor
children, to attend an educational program concerning the effects of dissolution of marriage on the children, if the court
finds that it would be in the best interests of the minor children.
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 Illinois
Separation
Legal
Separation
Marital Separation
Unlike divorcing spouses, couples who seek an Illinois legal separation must in fact be living separate
and apart before seeking a formal Separation Judgment from the Court. A petition for legal separation seeks a judicial ruling that
one spouse should pay another spouse child support or spousal support or maintenance, and resolves the distribution of property, without
seeking to dissolve the marriage.
 Being legally separated (sometimes referred to as a marital separation) means that the
'marital estate' is closed to changes and two new, separate financial estates, for inheritance, tax purposes,
business deals, etc., are created, just like in a divorce. Legal separations are just like a divorce, except that you continue
to be married. Any person living separate and apart from his or her spouse without fault may petition for reasonable
support and maintenance while they so live apart.
How to file for legal separation
Legal separations are sometimes pursued when there is little or no intent to ultimately file for a dissolution.
These actions are often intended to end the relationship but preserve one or more benefits from the legal union e.g. tax
filing purposes, health care and health insurance coverage or to end any new financial liability of the other. Legal separation
means you are living apart, effectively ending your relationship without the official decree of divorce. A legal separation
will determine who makes what payments, who lives where, a child visitation schedule if children are involved, and more.
Most importantly, each state has its own laws pertaining to how to file for legal separation. Pay close attention to detail,
use a Parenting Plan Template, and don't hesitate to involve a divorce attorney, because mistakes can be costly.
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Waiting Period
 If the grounds for the dissolution of marriage is based upon living separate and apart for two years with
irreconcilable differences, the court must determine that efforts at reconciliation have failed or are impractical and not
in the best interests of the family. Illinois divorce laws provide that if the parties have lived separate and apart
without cohabitation for at least six months immediately prior to the filing of the petition, the parties
may waive the requirement of living separate and apart for two years by filing a stipulation to that effect with the court.
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Grandparents Rights
Grandparents visitation will not be granted unless the parents are
living apart and not cohabiting on a permanent or indefinite basis, one of the parents has been absent from the martial residence
for over one month without the other spouse knowing his /her whereabouts, one of the parents is deceased, one of the parents
joins in the petition with the grandparents or great-grandparents, or
if a sibling is in state custody. The Illinois Supreme Court has stated The constitution (Illinois) prohibits the state
from forcing fit parents to yield visitation rights to a child's grandparents when the parents do not wish to do so merely
because a trial judge believes that such visitation would be appropriate. The parent preventing visitation may have very
good reasons for doing so. Even if the parent has no good reason to deny grandparent visitation,
U.S. and Illinois law still require the grandparent to meet a fairly high burden to secure visitation of a grandchild,
in order to respect every parent’s superior right to raise a child the way that parent sees fit.
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Divorce
Settlement
Distribution of Assets
 Illinois is known as an equitable distribution state. Assets are divided by the court in an equitable
(although not necessarily equal) manner. You and your spouse will be given the opportunity to arrive at a divorce
settlement of marital assets and liabilities, but if you are unable to agree, the court will provide a divorce settlement for you.
Did you come into this marriage owning a house? Concerned about the equity in that house that you brought
into the marriage? Worried that a property you brought into the marriage may
end up in the divorce settlement negotiations? Here's how it works generally:
Illinois divorce laws specify that, in general, what you brought into the marriage
is all yours. However, any appreciation of a marital home or the property value is normally treated as
a 'marital asset', meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.
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Many couples that are divorcing find themselves in the midst of a divorce settlement dispute over retirement
accounts funded by one or both of the parties. Courts allow that retirement assets can be redistributed to the other spouse
through a court order called a QDRO (Qualified Domestic Relations Order). In order for a transfer of assets to take place,
a calculation of who contributed what, and when, and what part of the over all account(s) qualifies for a sharing of those
assets. Divorce attorneys will often have a third-party analyze contributions and growth of retirement accounts and add legal
fees on top of that analysis, and then present the results to you, and then the court.
Got retirement assets? You can save much money and time by using the same software divorce attorneys and evaluators use. Simply
go to The QDRO Desk and employ the software there and
remove the costly wrangling and extra legal fees that come with legal representation. For less than the cost of an hour of
legal billing, you can resolve this issue.
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Residency Requirements
In order for the Family Court to issue a judgment of dissolution of marriage (divorce), one of the
spouses must have established residency in Illinois or was stationed in this State while a member
of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The filing
of the petition should occur in the county where the plaintiff or defendant resides.
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