Illinois couples who have gotten a divorce and moved on with their lives as best they can will often need to continue having some form of relationship with one another, whether they want to or not. That can be due to a variety of family law issues, including child support, child custody, visitation rights and more. When there is an agreement to divorce, it is not set in stone that any agreement will remain the same forever. That is where modifications come in.
When Illinois parents have ended their relationship, it is important that the support payments be made. If a supporting parent fails to meet his or her obligations based on the agreement, it can cause a host of problems to everyone involved. The parent who is receiving child support could have issues making ends meet because of the failure to pay. The child will be deprived of important financial support. The would-be supporting parent could face penalties. For those who are dealing with these issues, having legal assistance is a must.
When a couple in Illinois is experiencing problems in their relationship, but are not yet ready to move forward with a divorce, a legal separation is an alternative that could be viable as they determine their next step. As with all family law issues, there are requirements with a legal separation. Those who are considering this option should be aware of the law relating to such issues as support, maintenance and what can and cannot be done.
For Illinois parents who are obligated to pay child support to the custodial parent, it is important that the payments are made when they are supposed to and are paid in full. If there is an issue with the child support and the custodial parent seeks to receive it through other means, it is possible that the supporting parent will be informed by the state that he or she will have a tax refund or other money taken to pay for past-due child support. Knowing how to handle this situation is important.
Illinois couples will get married with the intention that the union will last. Unfortunately, the divorce rates are such that it is just as likely that it will fail as it will succeed. People will frequently try to shield themselves from the possibility that there will be a divorce by crafting prenuptial agreements, also referred to under the law as premarital agreements. Even if the document is completed based on the law, there are times when the agreement is unenforceable. Knowing how the law determines if the agreement is unenforceable can be important to both spouses.
Parenting time is often one of the most contentious of family law issues, so understanding state law is imperative. A key factor in this is understanding the child's "best interests" and how the court will decide upon the allocation of parenting time.
In Illinois and throughout the nation, courts are facing family law issues related to same-sex couples. These can be especially complex cases, with the changing landscape of how these relationships are viewed. This makes it important to watch legal decisions. It is of notable importance when same-sex partners share a child, with one being the biological parent, and the couple decides to end their relationship. The allocation of parental responsibilities can be one of the most difficult family law issues.
Illinois parents who share a child but are not together as a couple any longer must determine who will have custody and how much will be paid in child support by the supporting parent. While issues such as paying, child support enforcement and other factors will frequently arise, there are situations in which one of the parents would like to have child support modifications completed. There are certain rules that the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS) uses to modify support.
Divorcing couples in Illinois have a number of issues to deal with. For one, they have to worry about dividing up their marital property, including their family home, vehicles, and other prized possessions. Another common issue, is dealing with child custody arrangements. Determining where the child will live, how much time they get with each parent, and how much influence each parent has on the child's life can be challenging.