The most challenging and time consuming portion of any divorce proceeding, is sorting through the finances. Dissipation and contribution are often an overlooked component when analyzing marital finances because both concepts deal with money that has already been spent. The key difference between the two (2) concepts lies in how the money was spent.
Illinois Child Support Law 2017: How Are Non-Minor Educational Expenses and Parental resources Calculated for Illinois Child Support
As explained in our prior article, effective July 1, 2017 child support will be evaluated using the “income shares” model. This is a substantial change from the way child support is calculated now. Currently the amount of child support to be paid by the obligee (person required to pay child support) it is determined pursuant a fixed percentage of the oblige parent’s net income based on the number of children to be provided for. For example, currently when there is only one child to be supported to Court sets the support obligation at 20% of the payee’s net income; if it is two (2) children then it becomes 28%; three (3) children the support obligation is equivalent to 32% of the obliges income
How do Maintenance Payments Affect Child Support Obligations Under Illinois' 2017 Child Support Law?
On July 1, 2017, Public Act 99-0764 will go into effect, and modify Illinois child support laws. Under the new law, which you can read all about here, each parent's responsibility for child support will be determined based on their "net incomes" relative to one another.
A reader commented asking how maintenance payments will affect the parents' relative incomes under the new child support law. In this article, we will explain how maintenance obligations (also known as alimony or spousal support) will affect child support support obligaitons under Illinois' 2017 child support law.
Understanding child support is a complex issue, especially when multiple jurisdiction issues arise. Illinois abides by the Uniform Interstate Family Support Act. This act sets the rules in determining whether a specific state court has standing to hear or adjudicate on an order that was rendered in another state.
Common child support issues are:
In 2016, there have been several major changes to Illinois divorce law, which are designed to bring the law into alignment with the realities of modern co-parenting arrangements and to soften the blow of divorces. More changes are on the way in 2017 as well. You can read our article about changes to Illinois child support laws for 2017 here.
Illinois Family Mediation Explained | Illinois Divorce Mediation | Child Custody Mediation in Illinois
What is Family Mediation?
In Illinois family, divorce, and child custody mediation, the parties cooperate to resolve conflicts and reach an agreement regarding issues of child custody, child support, spousal maintenance (alimony), and division of marital assets and liabilities with the assistance of a neutral third party mediator who is responsible for:
On August 12, 2016, Governer Rauner signed into law Public Act 99-0764, which will change the manner in which Illinois divorce courts calculate child support. The law will be effective on July 1, 2017 and will modify two sections of the Illinois Marriage and Dissolution of Marriage Act ("The IMDMA"), specifically 750 ILCS 5/505 and 750 ILCS 5/510.
According to the current child support law, which you can read about here, courts are directed to award as child support certain minimum percentages of the non-custodial parent's net income, regardless of the income of the custodial parent. The new law replaces these minimum guidelines with an "income shares" model, which is already in use in most other states.
One of our readers commented on our article about changes to Illinois child support laws that will go into effect on July 1, 2017, with the following question:
How is child support calculated if the father has child support obligations to multiple families? What if one of the children is in a different state
Illinois Child Support Modification Explained | What is a "Substantial Change in Circumstances" for Modifying Child Support?
When Can Child Support Be Modified in Illinois?
There are several ways that a divorce case can be resolved: litigation, arbitration, mediation, attorney-assisted mediation, collaborative divorce, and cooperative divorce. In this article, we will explain collaborative divorce and cooperative divorce as alternative dispute resolution techniques in marital dissolution cases, and compare the pros and cons of each.
We were asked the following question on our Learn About Law Youtube Channel:
Q: My ex does not work but her husband makes twice what I make. Under the new law will they take his income into consideration?
Prior to July 1, 2015, the amount and duration of spousal maintenance awards in Illinois divorces, also known as alimony or spousal support, were determined at the discretion of the court by the judge weighing several factors specifically listed in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101, et seq.) (the "IMDMA"). However, in 2015, law was passed that changed this calculation.
According to the new law, the court will weigh these factors to determine whether maintenance is appropriate. However, if maintenance is appropriate, the court is now instructed to use specific formulas to determine both the amount and the duration of the award in most cases. In certain cases, courts are permitted to deviate from the statutory formulas, in which case the divorce court will use the statutory factors to determine the amount and duration of the maintenance award.
In this article, we will provide an in-depth explanation of the factors courts consider in determining whether maintenance is necessary and the amount and duration of alimony payments when the statutory formula is not applied. We will also discuss when the spousal maintenance formula is to be applied and explain the calculations used in the formula.
The purpose of this article is to summarize Illinois laws relating to paternity. We will begin by discussing the different types of paternity cases that exist in Illinois, and continue by explaining the procedure and burden of proof in paternity suits. We will conclude by talking about the child support and child custody ramifications of paternity cases.
One of the primary responsibilities of a good divorce attorney is to attempt to settle the major issues in a divorce case prior to trial. If this can be accomplished, both sides will save on attorney fees, and there will be more marital assets remaining for division among the parties. If the parties are unable to resolve all of the major issues in their divorce, the outstanding issues will be resolved through a trial, and the judge will issue an order of dissolution setting forth his or her rulings on these issues. The alternative to a trial is a Marital Settlement Agreement.
In a child custody proceeding, the court will make its determination of custody issues based on the "best interest of the child." The best interest of the child is determined on a case-by-case basis by weighing several factors listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as well as any other factors that the court finds relevant, including those that have been developed by case law.
The factors listed in the IMDMA are:
In deciding which attorney to hire, legal skills and experience are prerequisites. The top 3 qualities that set good attorneys apart from mediocre ones, which you can assess early in the relationship are:
It is an unfortunate reality that a large percentage of marriages end in divorce. Divorce proceedings can be extremely emotional and stressful for all the parties involved. The process of obtaining a divorce or dissolution of marriage, as the courts refer to it as, can be made less traumatic when parties understand the procedure. In this article, I will discuss the first step of dissolution proceedings, which is filing a Petition for Dissolution of Marriage.
A Petition for Dissolution of Marriage is the initial filing in a dissolution proceeding. It is a document in which a Petitioner is praying for a Judgment of Dissolution from the court. It requests the court to make decisions involving the care, custody and control of the parties’ minor children, the equitable division of the real and personal property, the equitable division of the debts and obligations of the parties and any additional matters the parties need resolved.
There are several issues courts consider when dividing marital property in the event of dissolution of a marriage. The first issue is to determine the types of property that will be divided. Property subject to division by the court includes, but is not limited to, homes, automobiles, furniture, bank accounts, retirement accounts, pensions, stocks, and business interests.
Most people are familiar with community property states, such as California, that divide the marital estate equally. Illinois is an equitable property state and, therefore, Illinois courts order a fair division of the property based on the following factors:
UPDATE 9/2/16: On December 12, 2016 Governor Rauner signed into law a significant change in how child support will be calculated. This change will go into effect on July 1, 2017. You can read about the upcoming changes to child support law here. Until those changes become effective in July of 2017, this article continues to accurately reflect the current child support laws.
Child support is the responsibility and obligation of both parents to provide for a child’s physical, emotional and mental well-being. It is not simply a financial matter, as many people assume. In any instance where a child’s parents are no longer living together or married, the residential parent is entitled to support from the non-residential parent.
Illinois Law Blog: Learn About Law
O’Flaherty Law is based in Downers Grove, Elmhurst, and Naperville, Illinois. Our team has expertise in many areas of law including but not limited to bankruptcy law, business & corporate representation, civil litigation, criminal defense, estate planning, divorce & family law, immigration; probate, guardianship & elder law; and real estate law. If you have any questions or would like to schedule a free consultation, please e-mail us at firstname.lastname@example.org or call us at (630)324-6666.
Where You Can Read Us
O'Flaherty Law has experience in legal services in the following legal practice areas: estate planning and probate; featuring wills and trusts, powers of attorney, living wills, estate tax avoidance and probate practice; real estate law; featuring commercial and residential sales and leases, foreclosure defense, short sales, REO closings and consent foreclosures, mechanic's liens and landlord and tenant disputes; family law; featuring divorces, child custody, child support, paternity, adoption and orders of protection; criminal law; featuring DUI, traffic and criminal defense; business representation; featuring entity selection, incorporation and s-corp election, bylaws and operating agreements, annual reports, annual meetings of shareholders, employment agreements, handbooks and warning and termination letters, business contracts, independent contractor agreements, trademarks and copyrights, regulation and licensing compliance and dissolution and mergers; business and personal bankruptcy; featuring Chapter 7, Chapter 11 and Chapter 13 cases; litigation; featuring commercial contract and tort law, employment and labor law, personal injury and collections; and immigration law.
Located in Downers Grove, Illinois, O'Flaherty Law serves DuPage County, Will County, Cook County, Kendall County, Kane County and McHenry County in Illinois, as well as the following cities: Wheaton, Naperville, Woodridge, Downers Grove, Darien, Willowbrook, Westmont, Lisle, Oak Brook, Warrenville, Glen Ellyn, Aurora, North Aurora, Batavia, Geneva, St. Charles, Lemont, Joliet, Bolingbrook, Plainfield, Crest Hill, Lake Forest, Lake Bluff, Northbrook, Highland Park and Chicago.
© 2015 by O'Flaherty Law. All rights reserved.