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Rockford IL Family Law Blog

When can a child support order in Illinois be modified?

As any parent knows, a child goes through many changes as he or she grows up. A three- year-old child is very different than a 17-year-old child. Over the years, parents change, as well, and circumstances change. For parents who are married, they must deal with the changes in order to figure out the best solution. However, there are many parents who are not married to the mother or father of their child and when circumstances change for them, the process of dealing with it is different.

Many times, parents who are not married have child custody and child support orders that govern their parenting and how they pay for the child's financial needs. These orders continue until they are modified, which does not automatically happen when the circumstances change. The parent seeking a modification must first file a motion with the court.

Filing an adoption petition in Illinois for an unrelated child

There are many adoptions in Illinois every year. It can be a very joyous time for both the family adopting the child and the child who is being adopted. It allows people who may not be able to have a child otherwise to start a family and allows a child to be a part of a loving family. Adoptions do not happen overnight though. In order to adopt a child there is a legal family law process that must be followed and it can take some time to complete.

The first thing that must occur is that the adoptive parents must file a petition in court. The petition must be filed within 30 days of the child becoming available for adoption; unless the prospective parents can demonstrate there was good cause as to why they did not file the petition within 30 days.

Temporary orders in divorces

Divorces in Illinois can take some time to complete. There are many issues that arise during the divorce process that must be dealt with before the divorce is finalized. However, many times the couple starts living apart at the beginning of the divorce. This means that many of the issues that must be determined during the divorce will become issues prior to the divorce being complete.

Many issues that come up during the divorce are financial issues. The couple, who had been living together and sharing all the expenses, are suddenly living apart and trying to figure out how to pay for both of their individual financial needs. If one spouse earns more than the other, the other spouse may need support to make payments for the home or for other needs, and the children may be in need of child support as well.

How to obtain an order of protection in Illinois

Domestic violence is highly prevalent in Illinois. It affects a large number of people and families each year. It can be difficult to stop, but there are ways to keep an abuser from the victims. One such way is by obtaining an order of protection. We previously discussed the benefits of obtaining such protection, but in order to enjoy the benefits of the order of protection one must first know how to actually obtain one.

The first step is to fill out the petition for an order of protection and file it with the court clerk. After it has been filed a hearing will be scheduled. The first hearing for the emergency order will be with just the victim and the judge. The abuser will not be present. The judge will review the petition and may ask a few questions regarding the abuse. The judge will then decide whether to order an emergency order of protection.

Indianapolis Colts owner won't testify in custody case

Many NFL fans in Illinois may be aware that the Indianapolis Colts owner, Jim Irsay, was charged and convicted of driving under the influence this past summer. There were many pills found in his car as well as $29,000 in cash. Well apparently that incident caused him to become involved in his daughter's child custody case.

He was subpoenaed by his daughter's ex-husband to testify in a bench trial. The ex-husband stated earlier that he did not want his children around the type of behavior portrayed by Irsay when he was arrested. Apparently Irsay's daughter was living in a house close to where the incident occurred. However, the case recently settled and therefore Irsay will not need to testify.

Ensuring children's needs are met through child support

For many couples in Illinois who are going through a divorce, one of the main concerns is the children. Divorce can be a difficult process on children and many parents want to make sure it is as easy as possible on the children. One of the aspects that is a major concern is the children's financial needs. Parents generally want to ensure that a child's standard of living stays basically the same as it was during the marriage.

The mechanism that is used to ensure this is child support. In Illinois child support guidelines are used to determine child support. The guidelines look at certain numerical figures such as each parent's income and which parent pays for the children's health insurance among other numbers. Child support is then determined based on the guidelines and the numbers used.

Illinois safe haven law creates adoption opportunities

Many families in Illinois would love to have children, but are unable to for one reason or another. There are options available for these families and many of them will turn to adoption in order to have children. There are also many women in Illinois who have children before they are ready to be mothers or who know they will not be able to properly care for their children. As a result, adoption entails family legal issues for both adoptive parents as well as for biological parents.

In response to this issue, in 2001 Illinois passed a safe haven law. This law allows parents to legally abandon their newborn within 30 days of the child's birth. The parents simply need to bring the child to a designated fire station, police station or hospital and inform them that they are leaving their child. These children are then evaluated at a hospital and placed with adoptive families. Many times the children avoid foster care and are quickly with a new family. Since the law was passed over 100 children have been saved due to this law.

What is marital and non-marital property in Illinois?

When two people get married, they start to share their lives with each other. If they should happen to get a divorce, they will also have to divide what they had been sharing. This can cause some disputes if both spouses want a certain piece of property or if one spouse has to give a significant portion of a bank or retirement account to the other spouse. However, under Illinois law, the couple must have an equitable division of the marital property. So, it is important to understand what is considered marital property in Illinois.

The general definition of marital property is all property acquired by either spouse during the marriage. This is includes money earned, retirement accounts, investment accounts, real property, stock options, personal items such as jewelry, automobiles, artwork and many other items.

Learn more about the impending changes to Illinois' alimony laws

The holiday season is officially here. While it's understandable how you can get caught up in everything this entails, it's important not to overlook your legal affairs for too long -- especially if you are considering or are already in the middle of a divorce.

That's because you need to be aware of developments not just in your own case, but in the area of family law as well.

For instance, were you aware that alimony is going to change in a major way here in Illinois?

If not, you can learn how by reading our firm's recently published white paper on this topic entitled "What Illinois' New Spousal Maintenance Law Will Mean For The Average Divorce."

Obtaining help from Illinois Domestic Violence Victim Services

With the recent news surrounding NFL running back Ray Rice's domestic assault case, there is a lot of attention being paid to domestic violence in general. This is an issue that is unfortunately prevalent in Illinois as well as the rest of the nation. Domestic violence, which can involve more than just physical abuse, can be very traumatizing and in many instances the victims need legal help in dealing with the situation. However, many domestic violence victims may not know where or how to obtain that help.

One place victims can initially turn to is the Domestic Violence Victim Services provided by the Illinois Department of Human Services. There are programs located throughout Illinois to assist victims of domestic abuse. The services are free and anyone can use them. There is a helpline that the victim can call without leaving their home or the abuser. The helpline will then determine what is the best plan for the victim.