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The Importance of a Court Order for Child Support

Posted on January 15, 2013 in Divorce

NOTE: A new law defining how child support is calculated in Illinois goes into effect in July 2017. For more information, please visit our Child Support page.

When determining child custody, it can be a long and difficult road to walk, especially if the divorce is less than amiable. Despite the difficulties in ceasing to trust the co-parent of your child, there are some important things to keep in mind when determining child custody, according to the Huffington Post. The first is that child custody needs to be determined by court order—not just by words and a friendly agreement—before the child is sent to visit the other parent. Obtaining a court order is the first step to enforcing child support payments, and is best done with the assistance of a qualified and experienced divorce attorney. To enforce a child support order in Illinois you first need to be aware of the state laws. According to a publication from Southern Illinois University, “the law which governs most of the area of child support in Illinois is the Illinois Marriage and Dissolution of Marriage Act.” The amount of child support that a non-custodial parent should pay is determined by statute. One child is 20%, two children: 25%; 3 children: 32%; four children: 40%; 5 children: 45% and 6 or more children 50%. Most of the time child support is paid by deducting the amount from the supporting parent’s salary at the time he or she is paid. Keep in mind that if the supporting parent has never lived in Illinois, the state of Illinois cannot enforce any ruling to that parent if only determined in Illinois. The first step to enforcing a child support order is to prepare all necessary forms to start the process. The next is to file your petition, affidavit, and data sheet. Step three is to notify the other party of the Order, and step four is to wait and see if the supporting parent is served. The final steps are to go to the hearing, and to file the Certificate of Mailing with your County Clerk. Even when you know the steps, obtaining a court order for child support and then enforcing it isn’t an easy task. Don’t go through it alone. Contact a Kane County divorce attorney today. Image courtesy of FreeDigitalPhotos.net

Ashton Kutcher Files for Divorce from Demi Moore

Posted on January 12, 2013 in Divorce

It’s official. More than a year after separating, actor Ashton Kutcher has filed divorce papers to end his seven year marriage to actress Demi Moore. Kutcher cited “irreconcilable differences” as the reason for the divorce and did not include a date of separation on the papers. The couple had separated last year amid rumors that Kutcher had been having an affair. At the time, Moore had announced she was filing for divorce from Kutcher, but no petition was ever filed. Reuter’s reports that Kutcher’s petition does not state whether or not the couple had a pre-nuptial agreement. The actor is currently starring in the CBS comedy ‘Two and a Half Men’ and has been named as 2012 highest paid TV actor, with an estimated income of $24 million. He is not seeking spousal support or denying support to Moore. Kutcher, 34, and Moore, 50, were married in September 2005. They have no children together. Moore had previously been married to actor Bruce Willis for 13 years. They had three daughters together before divorcing in 2000. In 2010, the couple created the DNA Foundation, also known as the Demi and Ashton Foundation, to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, of which the international organization estimates affects about 2.5 million people worldwide. If you have been separated and are considering moving forward with a divorce, contact a qualified Illinois divorce attorney to represent you in what can be a very difficult time.

New Child Support Law Targets Self-Employed Parents

Posted on January 09, 2013 in Family Law

With the New Year comes new laws. One of those new laws in place will help enforce child support obligations from parents who are self-employed or business owners, but don’t pay those obligations - something that has been difficult to do in the past. For a parent who is employed, the courts have the option of attaching his or her paycheck to ensure child support payments are made. But that isn’t an option available for a parent who is self-employed or owns their own business. Illinois Public Act 097-1029, which took effect January 1, 2013, gives the courts options they can utilize for those parents who aren’t paying. The court may order the parent to provide monthly financial statements showing expenses and income in order to determine exactly what that parent earns. Another option the court has is to force the self-employed parent to look for employment, requiring the keeping of a log or diary of their job search activities. The court can even require a delinquent parent to go to the Department of Employment Security to apply for services to find work that is subject to child support withholding. Anyone who doesn’t pay child support is subject to sanctions by the court, which can include probation, driver’s license suspension, community service or even jail. If you have been ordered to pay support but are having difficulties meeting those obligations, you should consult with a qualified Illinois divorce attorney to find out what solutions may be available to you.