Adult Guardianship proceedings are court cases whereby an individual is appointed to be responsible for the personal care and management of the finances of an adult who is mentally incompetent. In order to initiate an adult guardianship proceeding in Illinois, the person seeking to be appointed as guardian must file a Petition for Guardianship with the appropriate court.
The goal of this article is to explain how to prepare and file a petition for adult guardianship in Illinois. For a broader overview of the adult guardianship process, check out our previous article: Adult Guardianship in Illinois Explained.
In this article we will explain the Illinois appeals process. We will discuss what types of orders can be appealed, deadlines for filing appeals, how the appeal filing process works, what happens in an appeal once the case is filed, what actions the appeals court may order, and what your options are if you lose on appeal. Let’s start with a quick overview of the Illinois appeals system.
In this article we will explain under what circumstances a parent can be required by an Illinois court to pay child support for a child’s college expenses and other educational expenses after the child is no longer a minor.
Child support is generally required in Illinois for children of separated parents until the child either reaches the age of 18 or graduates from high school. However, Illinois courts also have the discretion to award child support after the child has reached the age of majority for multiple reasons, including providing for the adult child’s education.
The purpose of this article is to explain Illinois court ordered parenting classes and answer some of the most frequently asked questions regarding parent education.
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 and750 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.
As we explain in our article Changes to Illinois Child Support Laws for 2017, effective July 1, 2017, Illinois is reforming its child support laws. Under the former law, the amount that an obligor parent was required to pay in child support was based simply on the obligor’s income and the number of children involved.
Under the new “income shares” model for calculating Illinois child support, the total amount of child support for which the parents are jointly responsible is calculated based on the combined net income of both parents. Once this number is determined, each parent’s share of the responsibility for providing that amount of child support is calculated based on the net incomes of the parents relative to one another.
This means that, unlike the previous law, the new child support law takes the income of the recipient of the child support into account when determining the amount of the obligor parent’s child support obligation.
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.
Where has child custody gone?
For the first time since 1972, major revisions to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) came into effect in 2016. One of the most significant of these revisions was in terms of how the Courts view child custody of minor children. A parent no longer has “custody” over a child, they now exert “parenting time” and “decision making authority” over the child.
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:
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.
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.
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 email@example.com or call us at (630)324-6666.
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