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Power of Attorney and Divorce
If each of the spouses name themselves as agents in regard to written Power of Attorneys with respect to each other, the filing of a dissolution of marriage proceeding does not negate or abrogate Power of Attorney instruments. Therefore, each of the parties to the dissolution of marriage proceeding should confer with their attorney to determine appropriate action that should be taken, in regard to changing their estate planning documents, including any Power of Attorneys then in effect on the date the Petition for Dissolution of Marriage was filed. This could pertain to any type of Power of Attorney including, but not limited to, Durable Power of Attorney, Healthcare Power of Attorney, Property Power of Attorney, Limited Power of Attorney or any General Power of Attorney.
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official Illinois guidelines are not appropriate, the court considers the financial resources and needs of the child, the standard of living the child would have enjoyed if the marriage had endured, the physical, emotional, and educational needs of the child, and the financial resources, needs, and obligations of both the non-custodial and the custodial parent. Support payments may be ordered paid directly to the court.
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