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Child Support
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After any adoption, with respect to minor children, if the parties divorce, the adoptive parent may have the same duties and parental responsibilities in regard to child support and other issues as though the minor child was his or her natural child.
The parties responsible for paying child support may or may not already have life insurance.
If the former spouse dies, and that person is responsible for child support, whether arrearages, or current, or future child support payments, there can be recovery against the deceased person’s estate.
Child support set in a Judgment of Dissolution of Marriage is impacted by the income of the party responsible for paying child support.
Many people mistakenly believe that once an Illinois child support order is in place, it must remain that way until the child either reaches the age of majority or finishes college. While typically courts prefer to keep things status quo, there are a number of reasons for modifying child support in Illinois, and there is a right way and wrong way to do so.
In previous posts we’ve talked about how Illinois child support is calculated, which is, for all intents and purposes, based mainly on the non-custodial parent’s net income. But the laws surrounding child support in Illinois are complex and can sometimes be confusing – especially if you’ve never had any first-hand experience with them.
When it comes to calculating child support, many states have Child Support Guidelines which provide divorce mediators like myself with some basic rules on how best to proceed. But what happens when those rules don’t exactly work for a client couple? Read today’s case study about Lionel and Brenda.
If you’ve decided to divorce and you have children with your soon-to-be ex, it’s highly likely that child support will be a part of the divorce process. Like most issues, how this support is handled differs from state to state, and depends on several factors that are specific to each case.
So how do you discuss the inevitable expenses that will come up after you’re divorced? Keeping your children’s best interests in mind and without losing your temper?
As a mediator, I work a lot with divorcing, separating and never married couples who, for the best interests of their children, must agree on a child support amount that makes for both of them.
Marital misconduct is irrelevant in determining the amount of child support. The nature and extent of visitation is irrelevant in determining the amount of child support.
By now we should all be aware that child support accrues interest at 9% a year, as stated at 750 ILCS 45/20.7 and 5/505(b) Interest on support obligations. A support obligation or any portion of a support obligation, which becomes due, and remains unpaid for 30 days or more shall accrue simple interest at the rate of 9% per annum.
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In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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