Columbia Divorce and Family Law Blog

Illinois parents who have decided to divorce will be faced with figuring out how to best raise their children post-split. For some, that might mean adopting the traditional arrangement of one becoming the custodial parent and the other exercising visitation rights. This agreement also usually includes the non-custodial parent paying child support. However, many parents now choose to share parenting responsibilities through shared legal and physical custody. In those cases, the question arises about who pays support and how much.

Research has shown that most families benefit from shared custody. Joint custody, split 50-50, means that one parent does not bear the brunt of the parental responsibility. In other words, both parents get to be fully present in their children's lives. Once the parents agree to legal custody, which revolves around medical, educational and even religious decisions, they also need to establish physical custody, which revolves around where the children live.

Domestic violence can have a deep impact not only on the victim but also on those who witness the abuse, particularly when they are children. This might be a concern facing Illinois parents who are negotiating parental responsibilities and have been victims of domestic violence. They might also worry about how the court will handle allegations of domestic violence or even distant-past instances of such as abuse when it comes to parenting time.

Courts will always consider the best interests of the child, so even though the goal of the court is usually to have the child continue their relationship with both parents as much as possible, if there are abuse allegations, the court will take them very seriously. When it comes to family law matters, a parent might lose parenting time if the court finds evidence of domestic violence or enough concern with the allegations to believe that parent could pose a danger to the child or their other parent. During the investigation, the court will consider what impact, if any, the domestic violence had on the child, if the abuse is continuing, if there is a criminal case pending against the abuser, how severe the abuse has been, any photographic evidence gathered and any police reports.

Over the past few decades, divorce rates among older adults have doubled. For most older couples ending a marriage in Illinois, circumstances are typically different than what's associated with divorces among younger partners. For instance, child support and custody often aren't part of the equation since children are usually grown. In many cases, the major issue for older soon-to-be ex-spouses is the division of retirement funds and other assets.

Even if a partner is fairly generous with property division arrangements, there are certain rules that apply when 401(k)s and IRAs need to be divided. With annuities, assets may need to be traded off to maintain values. If 401(k) contributions came from mutual income, both partners may be entitled to part of those assets. This sometimes comes as a surprise to older adults, especially those close to retirement.

Many fathers in Illinois are struggling with issues related to child support, especially when they infrequently have the opportunity to spend time with their children. Indeed, some men feel that they were treated unfairly in family court, especially in terms of the amount of child support they are required to pay each month. However, engaging actively in the process can help fathers to secure an outcome that is more just and fair and recognizes their role in their children's lives.

When parents decide to divorce, child support can be part of the original divorce decree. The issue can be brought up again later as well, especially if changes occur that affect a father's ability to pay. It is important for fathers to protect their rights during the divorce negotiations in terms of property division and alimony as well as child support, because the financial damages inflicted by divorce can also injure a father's ability to provide child support. This includes providing accurate, correct information about income during the divorce and to state agencies. By doing so, fathers can prevent the assignment of an imputed income which can be far greater than their actual paychecks.