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Rockford IL Family Law Blog

How to determine the net income for child support in Illinois

Parents in Illinois have an obligation to provide financial support to their children. This is true whether the parents are together or separate. It is not as difficult when the parents are together since most of the expenses are shared anyways. However, it becomes a little more difficult if the parents are divorced or were never together in the first place. That is why the law has implemented child support.

The courts want to ensure that both parents are providing financial support for their children, not just the custodial parent. Therefore, one parent generally is ordered to pay the other child support to accomplish this goal. Child support is determined in Illinois by the child support guidelines. These establish the percentage of a non-custodial parent's net income that will go to the other parent, depending on the number of children the couple has together.

Sibling visitation rights in Illinois

Every family in Illinois is unique. Each make up is different as well as the dynamics within the home and between each other. Some families all live in one home with both parents, but this is not always the case. Sometimes parents are divorced or never married in the first place. The parents may then remarry and the family is blended with another one. Due to this fact, family members may not see each other as much as they would like. This goes for siblings as well as for parents and children.

Sibling visitation is a potential family law issue for many Illinois families. If a sibling is being denied visitation by a parent, the siblings may petition the court for visitation with each other. A sibling is defined as a brother, sister, stepbrother or stepsister. A sibling can file a petition for visitation with another minor sibling if at least one parent does not object to the visitation and it does not interfere with a parent's visitation.

How does one respond to a divorce petition in Illinois?

Many people in Illinois may be unhappy in their marriage and are considering a divorce. However, divorce is much more complicated than simply wanting the end of a marriage. There are many legal requirements that must be met first. Couples will need to go through property division, make determinations regarding child custody and child support if they have minor children, consider spousal maintenance (alimony) if applicable and many others.

All these divorce legal issues are typically considered during the divorce, but there are certain legal requirements simply to begin a divorce. One spouse must complete a divorce petition and personally serve it on the other spouse. After that the spouse must file the divorce petition with the court to begin the process.

New Illinois law protects domestic abuse victims from eviction

There are many victims of domestic violence each year in Illinois. In countless instances, domestic violence can tear families apart and affect many people besides just the victim. It is important for the victims of physical abuse to be able to seek protection from the abuser to prevent any further damage. However, finding the proper protection is sometimes easier said than done.

Allocating parenting time in a child custody case in Illinois

Divorce is not uncommon in Illinois and as a result many local children grow up with parents living in two locations. In these situations there is often a child custody agreement in place to govern each parent's role in raising the child. These orders determine which parent will make the decisions regarding the child or whether the parents will share that responsibility with joint custody.

However, even if the parents have joint custody of a child, it does not automatically mean that there will also be an even split of the parenting time. That decision is separate from the custody decision. Even if a parent does not have custody, they are still presumed fit to have parenting time with the child unless they will endanger the child.

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.