Tag Archives: non-custodial parent

Illinois family law attorney, Illinois child support attorneyIf you are facing divorce and have children, you will undoubtedly have a longer process to go through than divorcing couples who are childless. One of the most complicated factors of divorce with children is settling issues of child support upon dissolution of the marriage.

Despite media saturation of parents failing to provide the type of child support for their children mandated legally, the vast majority of divorced non-custodial parents want nothing but the best for their children, and this often takes the form of money. It is when the exchange of this money lacks transparency that parents often feel reluctant to hand it over.

And it is a lot of money. Nationwide, an estimated $200 billion is exchanged annually in the form of child support and shared custody arrangement costs. In Illinois, the collection and distribution of child support is handled by the office of the Attorney General. The State Attorney General’s office collects approximately $300 million in child support from 90 Illinois counties. The efforts of the A.G.'s office appear to be working. In 2013, the agency collected almost $1.5 million more than they did in the previous year, and they handled almost 500,000 child support cases that year.

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Illinois child support attorney, Illinois family law attorneyUnder the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), Section 505 is fully dedicated to the provisions and penalties of compliance to court-sanctioned child support orders. With upwards of 50 percent of American children witnessing the breakdown of their parents' marriage as well as the family dynamic, family law discussions involving child support and visitation schedules may very well reign as the primary focus of a family’s divorce.

As parents, attorneys, and the judicial system work diligently to ensure the child’s best interests are represented, decisions made at the time of the divorce may not remain copacetic with the original order, as the future can be uncertain.

Under Illinois statute, either parent can petition the court for a modification of child support in the event of substantial changes in circumstances. The Illinois family courts define these instances of change in income level, new medical or disability issues, the ratio of cost of living, changes in a child’s needs, or in response to new Illinois child support guidelines.

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b2ap3_thumbnail_divorced-dads.jpgWith most cases, the desire for the majority of divorced fathers to maintain an active presence in their child’s life can be an emotional and often frustrating challenge. For most, it is often hard enough to have been a strong role model while living within the family home but following divorce, most fathers feel that the physical every day contact has turned into an untethered existence in their child’s life, often diminishing the emotional connection as well.

Even in the most of amicable dissolutions of marriage staying connected can be difficult. The following advice can assist fathers wishing to staying active in their child’s life following divorce.

Understanding the Effects of Divorce on the Child

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Our DuPage County family law attorneys are prepared to offer you assistance in a wide array of cases. If you have questions about child support, read through the following information, and contact us for assistance.

Who Pays the Support?

Generally, the non-custodial parent will pay child support to the custodial parent. In other words, the parent who does not primarily live with the child will usually pay the support. Custody is determined in the best interests of the child, based on a number of factors. Parents can either agree to a custody arrangement in a settlement agreement, or a judge will make the final custody decision. Similarly, parents can agree to a child support amount in a settlement agreement. Otherwise, a judge will calculate the non-custodial parent’s support obligation.

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Illinois divorce attorney, Illinois family lawyer, DuPage County child custody attorney, parental rights,Most people think that child custody only pertains to which parent the child lives with. While it is true that physical custody relates to parental access, there is another type of custody: legal custody. Also referred to as decision-making authority, legal custody gives a parent the power to make important choices for the child.

Generally, one parent is the custodial parent, while the other is the non-custodial parent. The custodial parent primarily resides with the child, and the non-custodial parent is usually granted visitation rights to see the child. In Illinois, the non-custodial parent often gains liberal visitation rights and will get to see their child often (unless abuse or neglect has occurred). In addition to living with the child, the custodial parent gets to make day-to-day decisions, such as clothing, meal, and activity choices. Legal custody involves major life choices, including:

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