How is the amount of child support determined in Illinois?
By statute, Illinois law requires that the non-residential custodian pay a certain percentage of his or her net income for child support. There are a number of factors that go into determining the exact amount of support paid by the non-custodial parent.
As of July 1, 2017, Illinois has moved to what is termed "income sharing", and this change in the law is important to understand. Our firm can guide you through the new changes in the child support laws.
Can a child decide with which parent they want to live?
A child's wishes are one of the factors in what is termed the "best interests of the child' test. It is a total misnomer to believe that a child can make the decision for him/herself as to which parent he/she will reside with.
Can my spouse and I retain the same attorney for our divorce?
For ethical reasons which all attorneys are bound, it is a conflict of interest for one attorney to represent both parties in a dissolution proceeding.
What are the grounds to get a divorce?
After January 1, 2016, there is not really a focus on traditional grounds for divorce. Irreconcilable Differences (at least six month-separation) is now the basic grounds for divorce in Illinois.
What is Joint Custody? Does it mean equal time for both parents?
Joint Custody is a commonly misconstrued concept, and one that has been dismissed by the Illinois Marriage and Dissolution of Marriage statute change on January 1, 2016. Formerly, the common types of custodial arrangements include sole custody, joint custody, and split custody. Now, Illinois has gone to what is termed the Allocation of Parental Responsibility (formerly custody) which involves an agreement between parents as to how they intend to raise their children while living separate and apart and provides the non-residential parent with certain rights and decision making responsibilities. The Allocation of Parenting Time (formerly visitation) is now the determination of parental time spent with the minor child(ren).
