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Rockford IL Family Law Blog

Reality TV star exits rehab in attempt to gain custody of kids

Fans in Illinois of reality TV stars the Kardashians may know that Kourtney Kardashian and longtime boyfriend Scott Disick recently broke up. The couple has three children together and Kardashian said that Disick needed to go to rehab to deal with his addictions prior to getting child custody or even unsupervised parenting time with the children. Disick did enter rehab, but recently left after about a month of rehabilitation. Disick has stated that he would like joint custody of the children.

Many couples in Illinois have children without being married. These situations can work out just as well as a marriage, but the rules regarding the legal rights of the mother and father differ from those of a married couple. If the couple is married, then both parties have custody rights to the child. However, if the couple is not married then the father does not have custody rights, even if he is on the birth certificate.

Other factors in Illinois child custody determinations

In a recent post, we began speaking about the various factors judges take into consideration when making child custody determinations in Illinois. As we noted, the most important factor is the best interests of the child, but a variety of circumstances impact what is best for children in terms of custody and parenting time arrangements.

In addition to the factors mentioned last time, it is also important to consider the presumptions of the law with respect to child custody, as these can impact how child custody decisions are made. Courts presume, for example, that a fit parent’s decisions concerning a child’s interactions with siblings, grandparents and step-parents are not harmful to the child, unless the party filing a petition for visitation can show that undue harm will result from the parent’s actions. 

Clarification on Illinois spousal maintenance

Over the past few months, our firm has discussed recent transformations within Illinois family law. Most changes went into effect at the beginning of 2016. Much to our liking, one legal amendment has helped elucidate spousal maintenance formulas in terms of calculating the amount and duration of support payments pursuant to a divorce.

Any Illinois family law attorney will tell you that maintenance awards have been subject to several inconsistencies over the past few years. This has lead to varying spousal support rulings among similarly situated couples. The lack of clarity has made it very hard for individuals and their attorneys to anticipate and prepare for support orders that dictate divorcing couples' payment responsibilities.

Bests interest factors in Illinois child custody cases

Many aspects of the divorce process can be difficult for families to work through, but child custody disputes can be particularly challenging, especially for parents. Parents tend to go into custody disputes with the mentality that they have a right to care for and raise their child, and this is true, generally speaking.

When parents cannot agree on how to allocate parental responsibilities, though, they put a judge in the position of having to make a decision for them. That decision is not based primarily on the desires and preferences of the parents, but on the best interests of the children caught in the middle of the dispute. 

What happens if I miss a child support payment?

Paying child support is an obligation that parents need to take very seriously. This money allows a custodial parent to provide for a child and also establishes a link between non-custodial parent and child, regardless of whether that parent also has custody or visitation rights.

Despite the fact that parents typically realize how crucial this support is, there are situations in which a parent can't or won't make payments in full and on time. If you are in a position where you are at risk of non-payment or have already missed child support payments, you need to act quickly to protect your parental rights and avoid further penalties.

Does the hyped-by-some Divorce Day even exist in America?

Perhaps you've heard the term Divorce Day, a depiction used for a particular day of the year on which family law offices are allegedly inundated with queries and concerns regarding marital dissolution. Supposedly divorce attorneys in Illinois and nationally are besieged with calls and office visits on that day, to a degree unparalleled on any other day of the year.

For the record, Divorce Day is said to occur on the first workday of any given year. This year, that was precisely one week ago, on Monday, January 4.

Collecting child support from parent who owns a business

Raising children in Illinois can be expensive. All of the children's needs must be met by the parents. Paying for clothing, food, and shelter can be expensive enough, but there are many other costs that parents pay for their children as well. When the parents are living together, they often share the costs together, but when the parents are split, figuring out how to pay for the children can be more difficult.

In these cases, there is a child support order governing how the child's financial needs will be met. Generally, the non-custodial parent will be required to pay a certain percentage of their net income based on the child support guidelines. However, just because a parent is ordered to pay child support does not mean they will actually pay it. Also, there are certain ways that a parent can hide how much they are actually earning.

Sandra Bullock adopts her second foster child

Many fans in Illinois of the actress Sandra Bullock may have learned that she recently adopted a three-year-old daughter. The child was in the foster care system in Louisiana prior to the adoption. Bullock stated that she knew her daughter would be scared and it was important for her to know that she was not going to leave her. Bullock also expressed a desire to shed light on the importance of adopting foster children.

There are many families in Illinois seeking to adopt children and there are many reasons to adopt a child. The couple may not be able to have children of their own or may have found each other later in life. Others may just want to help children in foster care or in a different county have a better life.

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