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State: Illinois

Ling Yang

Written by Abby Johns on .

Ling Yang is a dedicated family law attorney who is passionate about helping families navigate difficult situations with compassion and resilience. With courtroom experience advocating for children and families in custody and abuse matters, she brings a wealth of practical knowledge to every case. Ling is committed to guiding her clients through the legal process with clarity and support, believing that even in challenging times, there is always a path forward.

“There is always light at the end of the tunnel, and I am proud to help families find their sense of normality once again.”

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Illinois Child Custody

Written by Joseph E. Cordell on .

Illinois child custody attorneys provide answers to frequently asked questions with regards to Illinois child custody laws.

Who will get custody of our child?

The court determines custody according to the “best interest of the child” standard. In making this decision, the court should consider the following factors, no one of which is controlling and not all may have equal significance in a given case:

  • The wishes of the parents;
  • The wishes of the child, depending on the child’s age, maturity and education;
  • The child’s interaction with the parents;
  • The child’s adjustment to home, school and community;
  • The mental and physical health of all parties;
  • Any past and ongoing acts of violence by a parent against the other parent or a child;
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

What is joint custody? What is sole custody?

Joint custody may be awarded where the parents are able to cooperate effectively in matters directly affecting the child. Joint custody means that the parents share in making major decisions regarding the children, such as education, health care, and religious training.

When parents are awarded joint custody, they enter into a Joint Parenting Agreement, which specifies the residence of the child and each parent’s rights and responsibilities as to the child. The agreement also provides for a means of resolving disputes over parenting issues.

When one parent is not suitable to be responsible for the decisions affecting the child or the parents are unable to cooperate effectively in order to engage in joint custody, sole custody will be awarded to one parent by the court. Sole custody designates one of the parents as having the authority to decide the major issues in a child’s life.

Sole custody does not mean that the other parent is not allowed visitation with the child and joint custody does not mean equal parenting time. Physical parenting time is determined according to a visitation schedule agreed upon by the parties, or ordered by the court. A visitation schedule may provide for equal or near-equal parenting time, or it may provide that one parent has the child a greater amount of time than the other parent.

Additionally, both parents are entitled to medical, dental, child care, and school records, whether custody is sole or joint.

If both parents share custody does anyone pay child support?

Child support is determined upon the parents’ finances and the needs of the children, among other factors, including the parenting time, such that either parent may have a support obligation regardless of the custody arrangement.

Can a parent refuse to allow visitation if child support is not paid?

No. A parent cannot deny visitation if child support is not paid. Likewise, child support cannot be withheld if visitation is denied. If a parent denies visitation or withholds child support, he or she can be held in contempt of court.

When can my child decide which parent to live with?

Illinois law does not provide for allowing the children to decide with which parent they will live. The court may consider the child’s wishes, either through testimony of the parents or through an attorney or other professional on behalf the child. The judge may interview the children, but generally courts prefer to appoint a professional to speak for the children to avoid involving the children in the court proceedings.

Do grandparents have custody and visitation rights?

Illinois law provides that a grandparent, great-grandparent, or sibling of a minor child may petition the court for visitation rights when at least one of the following conditions exists:

  • The child’s other parent is deceased or has been missing for at least 3 months. A parent is considered to be missing if the parent’s location has not been determined and the parent has been reported as missing to a law enforcement agency;
  • A parent of the child is incompetent as a matter of law;
  • A parent has been incarcerated in jail or prison during the 3 month period preceding the filing of the petition;
  • The child’s mother and father are divorced or have been legally separated from each other or there is a dissolution proceeding pending involving a parent of the child or another court proceeding involving custody or visitation of the child (other than any adoption proceeding of an unrelated child) and at least one parent does not object to the grandparent, great-grandparent, or sibling having visitation with the child. The visitation of the grandparent, great-grandparent, or sibling must not diminish the visitation of the parent who is not related to the grandparent, great-grandparent, or sibling seeking visitation;
  • The child is born out of wedlock, the parents are not living together, and the petitioner is a maternal grandparent, great-grandparent or sibling of the child;
  • The child is born out of wedlock, the parents are not living together, the petitioner is a paternal grandparent, great-grandparent or sibling, and the paternity has been established by a court of competent jurisdiction.

In determining whether to grant visitation, the court may consider a number of factors, including whether the child resided in the home of the grandparent, great-grandparent, or sibling for at least 6 consecutive months, and whether the grandparent, great-grandparent, or sibling was the primary caregiver for the child for at least 6 consecutive months.

What is a parenting plan, and do I need one?

A parenting plan, or Joint Parenting Agreement, is required when the parties are awarded joint custody of the children. The Joint Parenting Agreement states that the parties shall jointly make decisions regarding matters of the child’s education, health care and religious training.

The agreement specifies each parent’s rights and responsibilities for the child and sets forth the visitation schedule agreed upon by the parties, or ordered by the court. The agreement also provides for a means of resolving disputes over the agreement.

If my separation agreement includes custody/support can it be included in the divorce decree?

If and when the parties officially file for divorce, the court will determine the custody and support issues, which may provide for the separation agreement’s terms to be incorporated into a divorce decree, or the parties or the court may change the terms as the best interests of the child require.

What can I expect from temporary orders?

After you file a divorce petition either party may request, or the parties may agree upon, temporary orders controlling issues pending the conclusion of the case, including issues of child custody, support and/or spousal maintenance. These orders remain in effect until the final divorce hearing. The temporary orders are replaced by the final and permanent order at the end of the case.

When making a decision as to temporary custody and visitation, the court should consider the same factors it would when considering permanent custody and visitation, and make the award based on what is in the best interest of the child.

When will child custody be decided?

After a divorce petition is filed, the court may enter a temporary order regarding temporary custody and visitation, which remains in effect until the court enters a final order in the case, either after the parties have reached an agreement, or after a hearing is held on the issue.

When can I modify custody?

Unless agreed upon by the parties, a motion to modify a custody judgment in Illinois may not be made earlier than 2 years after the date it was entered, unless the party seeking to modify custody can show that the child’s present environment may seriously endanger his/her physical, mental, moral, or emotional health.

What if we cannot agree on a custody arrangement?

If the parents cannot reach an agreement on custody, the court can require the parties to attend mediation. A mediator is a neutral third party, trained and appointed by the court, who helps the parents attempt to reach their own agreement regarding custody and visitation. If mediation is unsuccessful, the custody issues proceed to trial, and the mediation discussions remain confidential.

If the parents are unable to reach an agreement regarding custody and visitation prior to trial, the court may appoint a custody evaluator or guardian ad litem to assist the court in determining what is in the best interest of the children and a trial will be held on the issues, with the judge deciding what arrangement is in the best interest of the children.

What is an ex parte order?

An ex parte order is an order entered by the court when only one side is present. An ex parte order may be entered regarding child custody upon a party showing the court that an emergency warrants the entry of an order without notice to the other party, usually only for a short period until a full hearing with the other party present can be held.

An ex parte order may also be issued when one party fails to appear in court after having been given notice, which is also referred to as a default order.

How is custody decided?

The court determines custody according to the “best interest of the child” standard. In making this decision, the court should consider the following factors, no one of which is controlling and not all may have equal significance in a given case:

  • The wishes of the parents;
  • The wishes of the child, depending on the child’s age, maturity and education;
  • The child’s interaction with the parents;
  • The child’s adjustment to home, school and community;
  • The mental and physical health of all parties;
  • Any past and ongoing acts of violence by a parent against the other parent or a child;
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

How can I increase my chances at getting a larger custody agreement?

An experienced family attorney will be able to specifically advise you on things you can do to help obtain your desired outcome in a custody case. The following is a list of behaviors to avoid when involved in a custody dispute. Avoiding these and similar behaviors will help you stay focused on the custody issues instead of being dragged into side issues when you go to court.

  • Do not interfere with or unnecessarily complicate the visitation of the other parent.
  • Do not yell at the other parent or your children.
  • Avoid physical confrontations with the other parent and/or children.
  • Consult your attorney before deciding to move in with a significant other or making other changes in living arrangements that may affect your children.
  • Do not unfairly or excessively criticize the other parent to friends, family members, or the Guardian ad litem/Custody Evaluator in your case.
  • Do not withhold child support payments.
  • Do not deny telephone contact with the other parent when the children are with you.
  • Do not take the children out of the area overnight without letting the other parent know where the children will be and how to contact you.
  • Do not remove the children from school or daycare for non-emergency reasons without discussion with the other parent.

In addition to avoiding these negative behaviors, you should also engage in positive behaviors with your children, and, to the extent possible, with the other parent regarding the children.

Spend as much time with your children as possible, be as involved and knowledgeable as possible with your children’s school and social activities, and document your involvement in your children’s daily lives. Attempt to keep the other parent informed of matters involving your children.

What is visitation?

Visitation, or parenting time, is the amount of time that each parent is entitled to spend with the children.

Can a judge order supervised visitation or no visitation?

A judge may order supervised visitation when unsupervised visitation would seriously endanger the mental or physical well being of the child. Denial of visitation may occur in extreme cases.

What should I know before a custody trial?

During trial, strive to present yourself in a positive light. Dress professionally, and conduct yourself appropriately. While witnesses are testifying or opposing counsel is presenting evidence to the judge, remain calm and keep your facial expressions neutral. Let your attorney object to witness testimony or the admission of evidence.

If you think of something important to tell your attorney, write a note. Do not let the judge see your frustration or anger. An experienced family law attorney will be able to answer your specific questions and ensure that you are prepared for trial.

Can I collect my own evidence to use if my custody case goes to court?

The evidence in your custody case will be obtained through the discovery process. This will include sending written requests to the other party, asking them asking them to answer specific questions pertaining to the case, or to provide specific documents or records.

If evidence is not obtained through this written discovery, it may be necessary to take the deposition of the other party or to subpoena records or other information. You should thoroughly discuss the issues of your case with your attorney to ensure that you obtain the necessary evidence to present your case.

Do I need to use a Guardian ad Litem/Custody Evaluator?

A Guardian ad Litem and/or Custody Evaluator may be involved if the parties cannot agree on custody. The decision to seek, or resist, the use of a Guardian ad Litem and/or Custody Evaluator is a litigation strategy issue which should be determined upon consultation with an experienced family law litigation attorney.

Will my child need to appear in court?

Most jurisdictions make strong efforts to avoid testimony by children in court. If testimony of a child is necessary, the child may testify in the Judge’s chambers, rather than in open court.

What is the Parental Kidnapping Prevention Act?

The Parental Kidnapping Prevention Act (PKPA) is a federal law that requires state courts to enforce custody and visitation orders entered by another state, and that prevents states from modifying custody and visitation orders entered by another state, unless the original state either no longer has jurisdiction or has declined to exercise jurisdiction.

The Uniform Child Custody Jurisdiction Act and Uniform Child Custody Jurisdiction and Enforcement Act are laws adopted by most states to also control litigation of custody issues as parents move throughout the United States. In addition, international custody disputes may be governed by the federal International Child Abduction Remedies Act and the Hague Convention on the Civil Aspects of International Child Abduction.

What if my wife tries to move the kids out state?

Once the initial custody case is commenced, the parties may be prevented from moving the children out of Illinois either by law or court order. If a parent is concerned about the other parent moving the children, a specific court order preventing any such move should be sought.

After an initial custody order is entered in Illinois, a parent seeking to move the children to another state must obtain court approval for the removal of the children from Illinois. The parent seeking to move the children must show that the move is in the children’s best interest.

In determining whether the removal of a child from the state would be in the child’s best interests, the court should consider the following factors:

  • Whether the proposed move will enhance the quality of life for the child;
  • Whether the proposed move is a ruse designed to frustrate or defeat the other parent’s visitation;
  • The motives of the parent who is resisting removal;
  • The visitation rights of the parents; and
  • Whether a reasonable visitation schedule can be achieved if the move is allowed.

Can a parent change the child’s last name without the other parent’s permission?

While the permission of both parents is not required for a name change, the parent seeking the name change would have to file a petition with the court for the name change, which the other parent can challenge.

In order to get the name changed, the court has to find that the change is necessary to serve the best interest of the child. To determine this, the court will consider a number of factors, including the purpose of the name change, the wishes of the child’s parents, the wishes of the child, the relationship of the child with his or her parents, step-parents, siblings and step-siblings, and the child’s adjustment to his or her home, school, and community.

If I have custody, will I receive child support?

Child support is determined upon the parents’ finances and the needs of the children, among other factors, including the parenting time, such that either parent may have a support obligation regardless of the custody arrangement.

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Paternity in Illinois

Written by Joseph E. Cordell on .

Fathers of children born to unmarried parents face many hurdles regarding their rights under Illinois law. One common misconception is that executing a Voluntary Acknowledgement of Paternity (VAP) when a child is born grants parenting time and parenting decision making or visitation rights to the father. However, in Illinois, a VAP does not protect the father when it comes to parenting time and parenting decision making or visitation. It only allows child support to be initiated.

What many fathers fail to recognize is that under Illinois law, no parental rights and parenting time are established until a court enters an order declaring that a biological relationship exists. At this point, either parent can – and should – seek further orders as to legal custody, visitation, and support for the child.

Why Work with Cordell & Cordell’s Illinois Paternity Lawyers

With over 100 offices serving more than 30 states and an A+ Better Business Bureau accreditation, Cordell & Cordell helps fathers through various family law issues, including divorce, court orders for paternity cases, and other father’s rights.

What is Paternity in Illinois?

You need to develop paternity – a legal relationship between you and your child – if you want any visitation or custodial rights. Without it, you may have to pay child support but won’t have any custodial rights.

If you and the mother were married or in a civil union when the child was born, or if the child was born within 300 days of the end of the marriage or civil union, the state presumes you are the father of the child.

Illinois Paternity Laws

If you are not sure whether the child is yours, you can ask for genetic testing to determine who the child’s father is for child custody and child support. Pursuant to the Parentage Act of 2015, if the mother refuses to submit to a DNA test, the court can order her and the child to submit to a DNA test.

In Illinois, paternity cases are subject to most of the same laws that govern custody, visitation, and child support in divorce cases. They are also subject to the same modification and enforcement laws. Additionally, if you are unable to resolve time-sharing issues, the court will order you to attend mediation to make a good faith effort in reaching an agreement as to time-sharing and child support.

Illinois Paternity Tests

A man is getting a throat swab by a person in protective gloves, suggesting a medical test or examination in a clinical setting.

While you can sign the voluntary acknowledgment of paternity, we recommend getting a paternity test first. If the child is not biologically yours, it is very difficult to convince a court to overturn a prior paternity order. If you or the mother initiates a paternity case, the court often facilitates a DNA test at a reduced cost to confirm the child’s paternity. It is a small price to pay versus abiding by a child support order if you are not the child’s biological father.

Paternity and Child Support

Asking for child support is different for the mother and father. If the father wants to establish child support for his child, he must establish paternity with the court. If a mother wishes to ask for child support from the purported biological father, she only needs to complete a VAP or have the father sign a birth certificate.

Even if you believe you are the father of the biological child, you should submit to a paternity test before signing a birth certificate or VAP.

If you did not sign a VAP, you could disprove paternity by asking the court to establish the non-existence of your relationship with the child. However, if you did sign a VAP, you have 60 days to sign a Rescission of Voluntary Acknowledgment of Paternity. You must have a witness to your signature and send the form to the Department of Health and Family Services.

If you need to disprove paternity after 60 days, you must prove that you were a victim of fraud, material mistake of fact, or duress at a court hearing.

Retroactive Child Support in Paternity Cases

It is imperative to establish whether you are the biological father as soon as possible, or you could end up owing thousands of dollars in retroactive child support. If a child is less than two years old and the mother starts a child support action, the court can order an alleged father to pay birthing and hospital expenses and child support from the child’s birth.

However, a mother has until the child’s 20th birthday to start a child support action. If the court finds that you are one of the biological parents, it could order you to pay retroactive child support from the child’s birth until the child reaches the age of majority or becomes emancipated.

To avoid this costly mistake, we recommend the alleged father of a child demand a paternity test immediately upon learning of the child’s birth. Genetic testing must show that the combined paternity index is at least 1,000 to 1 and that there is at least a 99.9 percent probability of paternity before the state presumes you are the biological father.

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Are You Seeking an Illinois Paternity Lawyer?

Cordell & Cordell is a national law firm that guides clients through various family law issues. Contact our paternity attorneys today at 866-323-7529 or fill out our online contact form to schedule an initial consultation about your legal paternity case.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Maintenance in Illinois

Written by Joseph E. Cordell on .

In Illinois, maintenance or spousal support may be awarded to a spouse either by agreement of the parties or ordered by the court in conjunction with a dissolution of marriage proceeding or legal separation. The judge has the discretion in determining what type, duration, and amount of maintenance he/she deems fair and equitable after consideration of the relevant factors.

These factors are provided for specifically by statute and include:

(1) the income and property of each party,

(2) the needs of each party,

(3) the present and future earning capacity of each party,

(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone education, training, and employment due to marriage,

(5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment and whether that party is able to support him/herself through appropriate employment,

(6) the standard of living established during the marriage,

(7) the duration of marriage,

(8) the age and the physical and emotional condition of the parties,

(9) the tax consequences of the property division upon the respective economic circumstances of the parties,

(10) contributions and services by the party seeking maintenance to the education, training, career, or career potential or licenses of the other spouse,

(11) any valid agreement of the parties, and

(12) any other factor that the court finds to be just.

Types of Maintenance in Illinois

There are several types and variations of maintenance that may be awarded. Maintenance can be ordered to be paid in installments (e.g., on a monthly basis) or in gross (e.g., one lump sum payment).

Permanent maintenance may be ordered where it is unlikely that a spouse will be able to secure regular employment due to suffering from a serious illness or disease, or where a spouse has foregone employment or schooling to devote efforts at supporting the family in the home during a long-term marriage.

A court may also order temporary maintenance while the parties’ initial divorce or separation case is pending until a final order or judgment is entered.

Rehabilitative maintenance is awarded to allow a spouse to attend school or seek employment in order to become self-supporting over a period of time, and this type of maintenance is usually ordered to either terminate on a specific date or set for the court’s review on a future date.

However, simply because a judgment states that maintenance will terminate on a date certain does not guarantee that maintenance will terminate on that date, as the spouse receiving maintenance may show reason for the maintenance to continue if still furthering his/her education or pursuing employment and the judge finds it is warranted.

Modifying Maintenance

If a spouse later seeks to modify the terms of the maintenance, he/she would need to show a substantial change in circumstances to warrant modifying the prior award of maintenance. If the order for maintenance states that it is reviewable upon a specific date, then the parties have an automatic right to review the terms of the prior maintenance award and no showing of a substantial change in circumstances is necessary.

Where the parties agree that maintenance is non-modifiable, neither party can change the terms of the maintenance even if there is a substantial change in circumstances before the agreed upon end date for maintenance payments.

As to non-modifiable maintenance, the parties may agree to make a maintenance award non-modifiable, but a court cannot order that a maintenance award be non-modifiable.

In modifying a maintenance award, the court must consider the factors initially taken into account in issuing its original order but also must consider additional factors, such as any changes in employment status and the incomes of the parties and whether such changes were made in good faith, efforts of the spouse receiving maintenance to become self-supporting, the duration of the maintenance payments previously paid and remaining to be paid relative to the length of the marriage, the property awarded to each spouse under the original divorce judgment and the present status of the property.

Determining Maintenance

There is no mandated formula to be used in determining the specific amount of maintenance to award in Illinois, as the amount is in the discretion of the court after consideration of the statutory factors. Many courts will implement a formula to equal out the difference in incomes between the parties.

Another guideline used by courts in Illinois involves looking at the specific needs and expenses of the spouse who is to receive maintenance and ordering an amount sufficient to maintain that spouse’s needs to sustain the same standard of living as was enjoyed during the marriage.

In these cases, the court will also weigh the income and needs of the payor spouse in conjunction with maintaining the standard of living he/she enjoyed during the marriage as well.

Terminating Maintenance

Unless it is maintenance in gross (e.g., lump sum payment) or is otherwise agreed by the parties, future maintenance will terminate upon the death of either party or if the receiving spouse remarries. Maintenance may also terminate once the receiving spouse cohabitates with another person on a resident, continuing, conjugal basis. Maintenance will also be suspended while a payor spouse is in prison.

Illinois courts have also terminated rehabilitative maintenance where it was originally awarded to allow the receiving spouse to seek employment or obtain further training or education to become financially self-supporting, but the court found that the receiving spouse was not making diligent efforts to meet that obligation. The parties may agree that the maintenance payments be directly paid to the receiving spouse or the court may order the payments to be sent through the court clerk.

Illinois Maintenance Enforcement

A receiving spouse may bring an action to enforce a maintenance order where the payor spouse is not complying with its terms.

If the court finds that the payor spouse’s non-compliance with the maintenance order was willful and without justification, the court has the discretion to hold the payor spouse in contempt and enter sanctions against the payor spouse.

Additionally, a judgment for past due support under a maintenance order will accrue interest until it is paid. Generally, orders for support, such as maintenance or child support, are also precluded from being discharged in bankruptcy.

Illinois Divorce: Forced To Pay For Your Child’s College

Written by Joseph E. Cordell on .

In Illinois, the court may, in its discretion, order parents to contribute to their child’s college expenses. Illinois law refers to this financial responsibility as “non-minor support.”

While the Illinois statute governing non-minor support does not make it a mandatory requirement that parents contribute to their child’s college expenses, it has become customary for judges in Illinois to commonly order parents to do so.

College Expenses Included In Non-Minor Support

The college expenses covered by non-minor support usually include tuition, room & board, book fees, registration, application fees, and other costs due to the university, and may also include contribution to the child’s living expenses, transportation costs, health insurance and medical and dental expenses, as well as other college expenses the court finds in its discretion are reasonable.

Duration of Non-Minor Support

The Illinois statute expressly limits a parent’s responsibility to contribute to the college expenses of the child only through the attainment of a bachelor’s degree.

An order setting forth a non-minor support obligation may include additional limitations on the parents’ financial support, such as terminating non-minor support in the event the child is not enrolled as a full-time student or is not remaining in good standing with the educational institution (e.g., the child’s Grade Point Average falls below a certain threshold set by the educational institution).

If an order is entered with the court establishing non-minor support obligations of the parents, each parent is allowed access to the child’s academic records at the educational institution.

Addressing Non-Minor Support Through The Court

As with many issues in domestic relations cases in Illinois, the parties may agree on how they wish to allocate contribution of their child’s college expenses among the parents and child and submit this agreement to the court for approval.

Alternatively, if the parties are unable to resolve the issue of non-minor support by agreement, the issue is presented to the court in a hearing for a judge to determine the allocation of the child’s college expenses between the parties and child.

Factors Considered In Non-Minor Support Cases

An Illinois judge has the discretion in determining the extent and allocation of financial support that he/she deems fair and reasonable, and in making this determination, the court must consider the following factors:

1.)    The financial resources of both parents;
2.)    The standard of living the child would have enjoyed had the parties’ marriage not been dissolved;
3.)    The financial resources of the child;
4.)    The child’s academic performance; and
5.)    Any other factors the court deems relevant.

Discovery in Non-Minor Support Cases

“Discovery” can be utilized to obtain information and documents relevant to non-minor support.

Given the factors that are relevant to establishing an order for non-minor support, it is important for the parties to exchange information in discovery regarding each parent’s income, employment, and other financial resources, as well as documentation as to the total expenses that will be incurred for the child’s college and any financial aid that the child may be eligible to receive, such as grants or scholarships.

Additionally, documentation should be exchanged between the parties as to any special accounts that may have been previously established by either or both parties for future contribution to the child’s college, such as Uniform Transfers to Minors Act (UTMA) accounts or 529 Educational Savings Accounts.

Implementing A Non-Minor Support Order

Illinois statute provides that a parent’s payments toward college expenses can be ordered to be made directly to the educational institution or to the child or other parent. The statute also permits a trust or other account to be established for drawing funds for payment toward college expenses.

Illinois provides for contempt and enforcement proceedings in the event a parent is not complying with a non-minor support order. If the court finds that a parent’s non-compliance with the non-minor support order was willful and without justification, the court has the discretion to hold that parent in contempt and enter sanctions against that parent.

Additional Considerations With Non-Minor Support

The law addressing non-minor support in Illinois has been recently evolving in a way that affects the timing of when the issue of college expenses should be brought to court.

For example, a parent may be barred from seeking reimbursement for college expenses on behalf of the child that were incurred prior to the filing of a petition to the court for non-minor support. However, the court may still take into consideration this parent’s financial contribution prior to the filing of his/her petition in allocating the future college expenses of the child.

On the other hand, if a parent requests the court address the issue of college expenses years in advance of the child attending college, the court may dismiss the issue as being too premature for adjudication, as may be the case when a child has not been accepted to or even applied to colleges yet and has no definitive college plans.

As such, it is imperative that a parent reviews these issues with his Illinois divorce attorney to determine the relevant timeframes and best strategy for addressing the issue of non-minor support with the court.

Edwardsville Fathers Rights

Written by Joseph E. Cordell on .

Child support for Edwardsville dads can be a never-ending source of frustration. The time spent with a child has no bearing on how much child support a non-residential parent is required to pay. Thus, fathers rights in Edwardsville, Illinois are lagging.

A non-residential dad pays the same child support percentage as the “visiting” dad paid in the 1980s, when Mom had sole custody and Dad had reasonable visitation. You can be certain that in the 1980s,”visiting” dads spent far less time with their kids than they do today.

A dad pays the same support, regardless of whether he spends 20 percent or 50 percent of the time with his child. This ends up infringing on a dads rights financially.

Kids cost money, and the more time a child spends with his non-residential parent, the more expensive it is. Many dads are hard-pressed to see their children more because they can’t afford the extra costs on top of what they’re already paying. Where’s the equity for Edwardsville fathers rights in that?

Get help with dads rights in Edwardsville, Illinois by arranging a meeting with a Cordell and Cordell mens divorce attorney. Please call 1-866-DADS-LAW.

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Illinois Child Support Calculator

Written by Joseph E. Cordell on .

The Illinois Supreme Court ruled in the divorce case of In re Marriage of McGrath that funds regularly withdrawn by a non-custodial parent from a savings account are not to be considered “income” for purposes of calculating child support.

The ruling provides a new perspective on non-custodial parents’ income and assets by distinguishing between pre-existing assets or funds versus actual income received as an addition or benefit to the parent.

Under the ruling, the court reiterates the significance of ensuring that trial courts specify their reasons when ordering a child support amount other than the amount figured according to the statutory guidelines.

Additionally, this opens the door to considering whether withdrawals or disbursements from other types of investment or retirement accounts (prior to retirement) may be addressed in a similar way; however, the Illinois Supreme Court does not address other types of accounts in its ruling in McGrath.

In light of this decision, divorced parents who are involved in or contemplating addressing child support issues with the court should consult with their Illinois divorce lawyer as to the implications of any withdrawals or receipt of funds from a pre-existing account and/or regular use or withdrawals of pre-existing funds when a parent is unemployed.

How Is Child Support Calculated In Illinois?

The Supreme Court rejected the appellate and trial court rulings that since the father was drawing down his savings to live on while seeking employment, such withdrawals were a form of income. The Supreme Court brought logic to bear, noting that since the father was spending money he already owned, such money was not “income” under a common sense, dictionary definition approach to the statute.

In this case, the trial court reserved the issue of child support at the time of the parties’ divorce in 2007 due to the father being unemployed. In 2010, the mother petitioned the court to address the issue of child support for the parties’ two children.

Given that the father was still unemployed at that time, he was withdrawing approximately $8,500 per month from his pre-existing savings account to cover his monthly expenses. The trial court ordered that the father pay $2,000 per month for child support primarily based on the $8,500 he was withdrawing from his savings.

How Much Should You By Paying? Illinois Child Support Calculator

The trial court explained that because the father was “receiving” these funds on a regular basis and using these assets to cover his living expenses, that it should be used in the Illinois child support calculation.

The father pursued further appeal, and the Illinois Supreme Court agreed with the father’s position that it was incorrect for the trial court to include his savings account withdrawals as “income” for calculating his monthly child support obligation.

The Illinois Supreme Court reasoned that the funds withdrawn by the father each month from his savings account consisted of funds already belonging to the father specifically stating, “the account owner is not ‘receiving’ the money because it already belongs to him.”

Illinois Definition of Net Income

Illinois law defines “net income” for child support purposes as “the total of all income from all sources” minus specific deductions prescribed by the statute. In reaching its determination, the Illinois Supreme Court reasoned that the trial court’s decision failed at this initial step in calculating child support, as its starting point included the $8,500 monthly withdrawals from savings, which did not constitute “income” under the statute.

While the Supreme Court found in the McGrath case that the savings account withdrawals could not be included in figuring the father’s net monthly income under the statutory guidelines, the trial court could still take into consideration father’s assets (including his savings account) in deciding whether the new child support amount under the statutory guidelines was appropriate, and potentially deviate from that amount if it provided reasons for it being inappropriate.

While the court is required to first calculate child support using the guidelines specifically set forth in the statute in every case, the court is permitted to determine that the child support amount reached after applying the statutory guidelines is inappropriate and deviate from that amount.

However, in doing so, the court is required to state its reasons for varying from the guidelines and must consider the best interests of the child in conjunction with any of the following factors:

1) The financial resources and needs of the child, the custodial parent, and the non-custodial parent;

2) The standard of living the child would have enjoyed had the marriage not been dissolved; and

3) The physical, emotional, and educational needs of the child.

Divorced parents who are involved in or contemplating addressing child support issues with the court should consult with their Illinois divorce attorney. In addition, it is important to keep this new child support ruling in mind when using any Illinois child support calculator.

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Chicago Fathers Rights

Written by Joseph E. Cordell on .

Look no further than the paternity laws in Illinois to understand the lack of fathers rights in Chicago.

The discrimination against dads rights begins at a child’s first breath. When the father signs a Voluntary Acknowledgement of Paternity – a form recognizing him as the child’s legal father- it specifically states it does not give the father rights to child custody or visitation.

Even by signing the Voluntary Acknowledgement of Paternity, dads rights are nonexistent because without a court order addressing custody or visitation the father has no legal right to see the child.

However, Illinois law does give fathers rights in the form of the dad is now on the hook for future financial support, such as child support and medical expenses. He may not be legally allowed to see his child, but the state will certainly ensure his child support payments will be made.

The paternity law in Illinois is just one example of the lack of dads rights in Chicago. It’s important you find a fathers rights attorney who is willing to fight for you.

Consult with a Cordell & Cordell mens divorce attorney about your case today because all fathers need a partner men can count on.

Get help with dads rights in Chicago, Illinois by arranging a meeting with a Cordell and Cordell mens divorce attorney. Please call 1-866-DADS-LAW.

Dads Rights in Chicago Resources | Illinois Fathers Rights Resources

Dads Rights

Illinois Fathers Rights In Divorce

Information on Fathers Rights

Family law resources Illinois.

Illinois Resources

Written by Joseph E. Cordell on .

Divorce isn’t just emotionally difficult – it also means untangling all aspects of your life that you shared with your partner. It gets even more complicated when you have children together or have large assets in both names, such as a home or a business.

Planning on filing for divorce or being served with divorce often increases anxiety, especially for those who have never been through the process and do not know what to expect. Tamp that anxiety down by learning what divorce will mean for you and how an experienced divorce lawyer in Illinois can help you fight to keep what you deserve.

Illinois Divorce Process

A woman appears contemplative, resting her head on her hand, while a man sits in the background out of focus, within a domestic setting.

When you or your spouse file for divorce, consider it breaking a contract. You must decide which spouse gets to keep which assets, when you see the children, and if either of you needs spousal support. In the end, you can live separate lives, but if you have children, your lives will always be connected – at least until the children become emancipated.

The steps in the divorce process include:

  • Filing a petition for divorce with the clerk. The clerk then issues a summons, which a deputy sheriff or private process server serves on your spouse. The summons lets your spouse know that he or she has 30 days to file an appearance and a response to the petition.
  • Go through mediation if no parenting plan agreement is reached.
  • Go through the discovery process. This may include interrogatories, requests for admissions, and the production of documents, including but not limited to deeds, titles, bank statements, tax returns, debt statements, and more.
  • Attend a trial.

You and your spouse can attempt to settle at any time before or during the process. If you agree on all legal issues before you even file for dissolution of marriage, an Illinois divorce attorney can draft a marital settlement agreement for an uncontested divorce.

Even after you or your spouse files for divorce, you can settle. A contested divorce then becomes an uncontested divorce.

A contested divorce can take a few months to over a year for the case to go to trial.

Illinois Residency Requirements

Illinois requires you to live in the state for at least 90 days before you can get a divorce. However, you can file in the county where you live prior to meeting the residency requirements. You won’t receive a final judgment until you meet the 90-day threshold.

You can prove residency by providing the court with a copy of your driver’s license, or you can use bank accounts or bills to show you have been residing in the state for longer than 90 days.

If you are in the armed services and are stationed in the state, you can also petition for a divorce, even if your domicile is in another state.

Grounds for Divorce in Illinois

You must prove “grounds” for divorce in Illinois. A ground is a reason for the divorce. The only ground that the state recognizes is “irreconcilable differences,” which is an irretrievable breakdown of the marriage.

In addition to the residency requirements, Illinois requires you to be separated for six months, whether in the same household or different households. This waiting time gives you and your spouse time to try to reconcile. If you still agree that you cannot get along or do not want to stay married at the end of six months, you can file for divorce.

Illinois Property Division Process

Illinois is an equitable distribution state, which means that property is not necessarily divided in half. Illinois courts divide property fairly, which can mean that the court might award one spouse a higher percentage of the property than another.

The court looks at several factors when determining equitable distribution, including but not limited to:

  • The duration of the marriage
  • Time-sharing arrangements
  • Each spouse’s economic circumstances after the divorce
  • Each spouse’s contribution to the marriage, including the acquisition of property and his or her contribution to the marriage as a homemaker or caretaker for minor children
  • Potential earning capacity
  • Age, health, occupational skills, vocational skills, and employability
  • The needs of each spouse
  • Spousal maintenance
  • Whether one or both spouses wasted marital property
  • The value of nonmarital property each spouse owns
  • Liabilities
  • Previous agreements regarding property
  • Obligations from either spouse’s previous marriage(s)
  • Tax consequences

Separate property includes property that was acquired prior to the marriage and was not commingled during the marriage. For example, if you purchased a second home before your marriage, it could become marital property if you used marital funds for its upkeep or to pay the mortgage.

Other separate properties include:

  • Inheritances
  • Gifts
  • Property you purchased after you received a judgment of legal separation
  • Property you agree to exclude from your marital estate. You must have a valid agreement
  • Property you received as a result of a court judgment from your spouse (in most circumstances)
  • Income from any of these types of properties, as long as the income or appreciation is not due to your spouse’s efforts

Illinois Child Custody Laws

Illinois courts award parenting decisions and parenting time. The courts decide the parenting time if no agreement is reached between the parties. The courts also award parenting decisions. This can be joint or one person makes those decisions without the other.

Parenting decisions is the ability to make major decisions, such as education, medical care, and religious beliefs on behalf of the children. Parenting time, is where the children physically live. Both parents can equally share parental responsibilities, or they can agree on a percentage.

During the divorce case process, an Illinois family law attorney can assist you in developing a parenting plan that both you and your spouse can hopefully agree upon. A parenting plan identifies when the children stay with each parent, where they will spend each holiday, and other factors involved in physical custody.

Illinois Child Support

A man and a young boy are fist bumping as a gesture of agreement or solidarity, sitting at a table in a cozy living room.

Parents must provide financial support for their children. Child support is based on the parents’ incomes and must be paid until:

  • The child turns 19 or graduates from high school, whichever comes first.
  • The child becomes emancipated.
  • The child enters college, though the obligor might have to pay support for room, board, tuition, living expenses, and transportation).

If a child has a mental or physical disability, child support could continue past 19 years of age. Child support covers the child’s needs, including clothing, food, and shelter. Both parents are obligated to pay 50 percent of the child’s healthcare expenses, including insurance premiums, over and above regular child support. Childcare and education-related costs are also added to the base child support amount.

Illinois’s child support is based on the combined net incomes of both parents. The state no longer uses flat percentages based on the number of children. Instead, Illinois follows many other states in determining a percentage of the parents’ incomes and the amount of time the children spend with each parent to determine support.

Illinois Spousal Maintenance

Spousal maintenance provides financial assistance to a spouse during the divorce process and for some time after the divorce is finalized. The court has wide discretion in ordering spousal maintenance – and it can be for either spouse.

If you can agree that one spouse should receive maintenance and put it into a marital settlement agreement, the court almost always incorporates those terms into the final judgment. However, if you cannot agree, you must ask for maintenance in the petition for dissolution of marriage.

Illinois laws allow for two types of maintenance:

  • Temporary maintenance during the pendency of the divorce and
  • Long-term spousal maintenance after the divorce becomes final.

Long-term maintenance can be fixed-term with an end date or indefinite. If the court awards indefinite maintenance, it continues until one of the parties requests a modification, and the court grants it due to a substantial change in circumstances.

The court may also award “reviewable maintenance,” which ends on a specific date; however, the court reviews the circumstances to determine if the maintenance should continue past the original term.

In addition to the parties’ needs and ability to pay, the court reviews several factors in its determination of the type and amount of maintenance ordered, including:

  • Both parties’ incomes
  • The needs of each party
  • The future earning capacity of both parties
  • Impairment of present and future earning capacity due to domestic duties, delaying or giving up education, employment, training, and career opportunities because of the marriage
  • The ability of each party to acquire training, education, or employment to support themselves sufficiently
  • Parental responsibilities
  • The standard of living during the marriage
  • The duration of the marriage
  • Age
  • Health
  • Amount and sources of income
  • Other sources of income, such as retirement income and disability
  • Tax consequences of maintenance
  • The contributions of one spouse to the other for education, training, career advancement, or licensing (for business)
  • Valid agreements made between the parties

The court uses guidelines to determine the amount of maintenance. If the parties’ combined gross annual income is less than $500,000, and the payor does not have to pay child support or maintenance for another relationship, the court orders the support to be 33.3 percent of the payor’s net annual income minus 25 percent of the receiving spouse’s net annual income. However, the final amount cannot be higher than 40 percent of the combined net income of both parties.

Once the court determines the amount, it uses a formula based on the duration of the marriage to determine how long the payor pays. For example, if a marriage lasted 20 or more years, the court can order maintenance for up to 20 years or indefinitely.

Spousal maintenance automatically ends when one of the parties dies, when the receiving spouse remarries, or when the receiving spouse cohabitates with another person.

Why Work with Cordell & Cordell’s Illinois Divorce Lawyers

When you file for divorce or if your spouse served you with divorce, an experienced Illinois family lawyer can guide you through the process and help protect your rights.

Client Experience

“Everything was great. Her communication was great and she knows her work. You guys have a reputation of being the firm for dads and you delivered extremely well. I heard about [my lawyer] through reviews and her reputation precedes her. She fought for me and I will never be able to thank her enough. She delivered and she was a dream to work with.” — Xavier S.

“Everyone that I was in contact with was very professional and all of my questions were answered promptly.” — Brian L.

Unwavering Support for All Your Illinois Family Law Needs

Cordell & Cordell guides clients through various family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation about your family law issues, including divorce, child support, child custody issues, and division of marital assets.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.