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Rockford IL Family Law Blog

Deviations from the child support guidelines in Illinois

If a parent is no longer with the other parent of their child in Illinois, there is a very good chance that one parent is ordered to pay child support to the other. The child support payment is generally paid by the non-custodial parent to the custodial parent. Child support is there to ensure that the child's basic needs, such as food, shelter and clothing are being met by both parents.

The amount of the child support is based on the child support guidelines. These state that the parent paying child support must pay the other parent a certain percentage of his or her adjusted gross income. The percentage of the income increases as the number of children increases. The percentage starts at 20 percent for one child and increases to 50 percent if there are six or more children.

Obtaining guardianship of a minor in Illinois

There are many different family situations in Illinois. In many instances, the parent of a child is not the one actually caring for the child for one reason or another. Many times this responsibility falls on the grandparents or another family member such as an uncle or aunt. However, just because the child is living with the other family member, the situation does not give that family member parental rights. These situations may involve various family law issues and those involved can benefit from utilizing an attorney.

This means that the caregiver cannot make important decisions regarding medical issues or school. People in this position do have a way to gain these rights through a guardianship, though. In order to be appointed a guardian of a child, the person must be at least 18 years old, a citizen of the United States, be of sound mind and not be adjudicated disabled. The person also must not have committed a felony against a child. Other felonies will disqualify a person as well, but if it did not involve harming a child, the court could still appoint that person depending on the specific circumstances.

Business owners and divorce in Illinois

There are certain aspects of a divorce in Illinois that are the same for everyone. One is that everyone must either be separated for two years or both spouses must agree to waive that requirement. If they waive the two-year requirement, they still must be separated for at least six months. Another aspect is that everyone will need to divide the marital property. The complexity of the property division can vary greatly.

Some people only have a few assets, and they can agree on how to divide the assets. Nonetheless, some assets are much more difficult to divide. One asset that can be difficult to divide is a business. There are many aspects that must be determined when dividing a business.

Modifying or re-opening an order of protection in Illinois

Unfortunately, many people in Illinois are the victims of domestic abuse. One common way to protect oneself against an abuser is to obtain an order of protection. These orders prohibit the abuser from contacting the victim in any manner. If they do contact the victim, the abuser can be charged with a crime.

However, circumstances can change after an order of protection is issued. Therefore, the law allows the parties to modify these orders in certain situations. The victim of the domestic abuse has the right to petition the court to modify the order if the abuser made contact with the victim or further protection is needed that wasn't contemplated at the time of the original hearing. The abuser does not have the right to modify the order on these grounds, though.

Kelly Rutherford's child custody case has another complication

Fans in Illinois of Kelly Rutherford may have been following her very complicated child custody battle. Initially, a California court ordered that Rutherford's ex-husband have custody of the children in Monaco after he lost his visa and had to return to the country. Since then, Rutherford has had to fly to Monaco in order to see her children.

Recently, she made another attempt to bring her child back to the United States. However, a California judge ruled that the state did not have jurisdiction over the matter since Rutherford did not live in the state enough of the time to establish residence. This was very frustrating for Rutherford since it was a California court that made the initial decision and she resided in California about the same amount of time then.

Determining child support when a parent is unemployed in Illinois

Many parents in Illinois are no longer in a relationship with the other parent. In these situations, one parent is often required to pay child support to the other parent. The amount of the child support payment is determined using the child support guidelines. The main factor in determining a parent's income is the gross income of the parents.

However, not all parents have jobs. When a person is unemployed, they may not be receiving any income, which would mean that they would not owe child support. Some of the unemployed parents may have been laid off and are having trouble finding new employment, but others are not even trying to find a job or are receiving money from another source.

Establishing a parent-child relationship after surrogacy

There are many couples in Illinois who want to have children. Many couples may have some issues getting pregnant, but, in most situations, they are eventually able to conceive. However, this is not always the case. There are a large number of couples who are not able to conceive for one reason or another. These couples could adopt, use in-vitro fertilization or could also use a surrogate in order to have children and start a family.

All of these options require the parent to go through legal channels in order to make the child their own. For instance, if a couple decides to use a surrogate, another woman is the one who carries and delivers the baby. So, the intended parents need to complete paperwork in order to legally establish the parent-child relationship.

Dividing unvested stock options and bonuses in a divorce

When people are married in Illinois, it is common for each spouse to have property of their own. However, once the parties are married, any property that is acquired during the marriage is marital property, regardless of which spouse actually obtained the property. When a couple is divorced, they must equitably divide the marital assets. This can be fairly straightforward at times or very complicated in others.

Forms of domestic abuse other than physical violence

Domestic violence occurs often in Illinois. It affects people of all ages and backgrounds. Many times, no one knows about the abuse except for the family that is involved. There are also many different forms of abuse. Most of the time people associate physical violence with domestic abuse, but that is not the only form of abuse. There is also emotional abuse and controlling behavior. The law in Illinois recognizes that there are many different kinds of domestic abuse and provides protection against more than just physical violence.

The law protects people from harassment as well. This includes behavior that has no purpose other than to cause another individual emotional distress. This type of behavior includes repeatedly calling another individual, making a disturbance at their work or school, following them, watching another person by waiting outside their home, car, work or other places. It also includes unlawfully keeping a child away from another parent or threatening to do so.

How to determine whether parents should have joint child custody

Making decisions regarding the well-being of children can be difficult enough when parents are married, but it can be even more difficult after a divorce. After the divorce many decisions need to be made, but the parents are no longer living together and may not get along very well. So, there needs to be an order determining who will be making those decisions for the children and that is what a child custody order does.

The court has to make a decision between sole or joint custody. Sole custody means that only one parent will be responsible for making all the decisions and joint custody means that both parents have to work together to make the decisions.