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Batavia divorce attorney child support

In situations where the parents of a child are divorced or no longer in a relationship, child support orders are often entered to ensure that the financial responsibility of raising a child is not left up to only one parent. In Illinois, child support is typically paid by the parent who has a smaller portion of the parenting time. The amount of child support that is paid each month is determined by a formula that takes into consideration each parents’ income, parenting time, how many children you are supporting, and how much supporting your children should cost.

Paying your child support obligation is extremely important, not only for the well-being of your children but also so you can avoid any repercussions for nonpayment. If you do not make your payment, you could face significant consequences such as driver’s license suspension, wage garnishment, tax refund interception, and more. The state of Illinois offers various options for paying your child support so there is a confirmation that you are in compliance with the order and a record for the payment exists.

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DuPage County allocation of parental responsibilities lawyerNow known as the allocation of parental responsibilities, child custody can be one of the most contentious issues in a divorce. Even if you and your spouse agree on how you want to divide your property and debts, you may clash when it comes to deciding how parenting time and significant decision-making responsibilities will be allocated. Although you and your spouse may never want to speak to each other again, you will always share a common bond--your child. Determining how your child will spend time with each parent and what decision-making rights each parent will have for the child can be a daunting task. Below are some of the most frequently asked questions about the allocation of parental responsibilities in Illinois.

How Will Decisions About Parental Responsibilities Be Made?

Illinois courts recognize the benefit of both parents agreeing on certain issues, especially child-related issues. Because of this, the courts will encourage parents to come to an agreement about parental responsibility on their own. If they are unable to come to a  resolution, the court will make these decisions for them based on what is in the best interests of the child.

What Factors Will Be Used to Determine the Best Interests of the Child?

When a judge must make any decision involving the child in a divorce case, he or she will use specific factors to determine what is in the child’s best interest. These factors can include but are not limited to:

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divorceAs summer comes to a close, children are returning back to school, some of which are excited to begin learning new things, while others are depressed that summer vacation is over. While some children are anxious to begin the new school year, some parents are as well. New school years can bring about issues for some divorced parents, such as purchasing school supplies, managing permission forms, communicating with teachers, and parent-teacher conferences. Back-to-school time can be daunting for divorced parents, which is why it can be beneficial to keep these tips in mind when dealing with issues that may arise throughout the school year:

Split the Cost of School Supplies

With the start of a new school year comes the need for new school supplies. With a long list of pencils, crayons, paper, folders and scissors that the teacher sends home, plus new school clothes, uniforms, shoes, a backpack and lunchbox, it is safe to say you will probably be spending a small fortune on these items. If you and your spouse do not have a prior arrangement worked out, it is a good idea to split the cost of these supplies, so one of you is not bearing the brunt of it.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, comprehensive parenting plan, In addition to dividing property, savings accounts, and retirement funds, many divorcing couples also have children that they must make arrangements for. Divorce is hard on everyone in the family, but it is arguably the hardest on the children. By creating a comprehensive parenting plan that encompasses as many issues pertaining to the children as possible, you can help eliminate some of the trepidation and mystery that a divorce brings.

Parenting Plan Is Required by Law

Under Illinois law, all couples who are divorcing and have children together must submit a parenting plan that covers a certain set of issues. These parenting plans help the court decide what the proper course of action is when awarding parenting responsibility and parenting time. If a couple does not have a comprehensive parenting plan to submit to the courts, they will be required to attend mediation to come up with a parenting plan that is agreeable to both parents.

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A new law is regaining traction in Illinois that would provide greater custody rights for dads going through a divorce. Shared parenting bills are under consideration in a number of states, and a bill currently making the rounds in the Illinois legislature is gaining support from a number of father's rights advocacy groups.

What Is Being Proposed?

The main goal of any shared parenting law is to help the children of divorce build and maintain a relationship with both parents. When child support payments are late or not made, there are laws in place to punish delinquency. However, that is not currently the case when it comes to visitation agreements. In addition, there are groups who are of the opinion that when it comes to deciding custody in Illinois divorce cases that judges do not always consider both parents equally. New legislation under consideration may change that.
  • The shared parenting bill requires courts to begin a custody process by presuming that child benefits most when able to spend equal time with both parents.
  • It requires the court to give both parents a full and fair evaluation prior to establishing custody or weighing in on a visitation agreement.
  • One provision might require a judge to record in writing the reasoning for each custody ruling they make.
  • Judges would be given the authority to fine, suspend driver’s or professional licenses, require surety bonds and even jail parents who frequently interfere with custody agreements or visitation.
  • There is research that suggests children of divorce in a 50/50 custody arrangement have lower rates of teen suicide, teen pregnancy, and other behavioral issues.
However, there are some groups opposed to the law, and the Illinois Secretary of State’s office has indicated that passage of the bill could result in more paperwork for its employees.

Secure Help from a Knowledgeable DuPage County Child Custody Attorney

Even if you expect your divorce to proceed without much surprise or resistance, nuances of divorce law missed by an unpracticed individual can result in a prolonged process and additional expense. It is important to avoid time wasting and unnecessary costs by relying on a experienced DuPage County divorce attorney. The Law Office of Matthew M. Williams, P.C. is an aggressive advocate for your rights to spend time with your children after a divorce. To schedule a consultation, please contact our offices at 630-409-8184 and set up a time to discuss your custody concerns.

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school, allocation of parental responsibilities, Aurora family law attorneyWhen parents cannot reach an amicable agreement regarding the allocation of parental responsibilities, a judge is required to make a decision based upon the best interests of a child. Among many considerations, the judge will have to decide which home is the best place for the child to live most of the time. Does the school district you live in influence that decision?

Education is One Factor

There are many different factors that go into making a decision that is in the best interest of the child. The type of education a child will receive is an important concern, but it is only one factor among many. Other factors Illinois judges look at when deciding what is in a child’s best interest include but are certainly not limited to:

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Child custody disputes often turn on the legal rights of parents. Parental rights are important and Illinois has a whole act dedicated to parental rights and obligations.

RigsPursuant to the Illinois Parentage Act, every child has the right to emotional, mental, physical and monetary support by his or her parents. Before such rights exist, however, the Illinois Parentage At requires the existence of a parent-child relationship, which it defines as “the legal relationship existing between a child and the natural or adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.” Once established, these rights and obligations do not depend on the marital status of the parents, i.e., the parents do not have to be married to each other or anyone else, nor on the age of either parent, i.e., parents who are still minors are going to be liable for support obligations. One can establish a parent child relationship either presumptively or by express consent. For fathers, a presumption of paternity exists when: (1) he and the mother are or have been married to each other and the child is born or conceived during such marriage; (2) after the child's birth, he and the mother have married each other, and he is named, with his written consent, as the child's father on the child's birth certificate; or (3) he and the child's natural mother have signed an acknowledgment of paternity. The presumption of a parental relationship established under (1) and (2) above can only be rebutted by a showing of “clear and convincing” evidence to the contrary, which usually means an admission or DNA test stating that the man is not the natural parent. Independently of how parental relationships are created, they can impose obligations and award privileges that will follow someone for a long time to come. If your parental rights are being challenged, consult an experienced Illinois family law attorney to discuss your options.

The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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