When Can Parental Responsibility be Allocated to One Parent?
In most circumstances, it is in the best interests of a child’s parents to share the allocation of parental responsibility (formerly known as child custody) following divorce. This is a “two hands are better than one” philosophy, with former spouses, even after divorce, working to share resources and balance work and family responsibilities in a way that supports the child’s education, health, and well-being every bit as much as if the parents were still married and living together.
Parental responsibility is typically shared when a divorce is as harmonious as can be expected, with parents collaborating to create a parenting plan in compliance with state law, and sometimes even when a divorce is filled with acrimony and collaboration is difficult. There are, however, some circumstances in which it is in the best interests of the child for parental responsibility to be solely allocated to one parent.
A History of Violence, Abuse, or Neglect Is Relevant to Child Custody
With the “best interests of the child” being paramount in the allocation of parental responsibility, it is important to identify certain behaviors that are not in the best interests of the child. Among these behaviors – all factors at issue in a …
Using Discovery to Uncover Hidden Income and Assets During Divorce
Planning for life after divorce is tough enough, even when there are no child custody and support matters to address, and both spouses will continue on in their careers without interruption after the marriage’s dissolution. Divorce takes an emotional toll even in circumstances where the decision is mutual and there is no animosity. Many divorces, however, are rife with tension and disagreement over financial issues, including the division of marital assets, spousal support, and, when there are children involved, child support.
In obtaining the fair and equitable distribution of assets required by Illinois law, as well as in securing the spousal and child support you need and deserve, the legal process of discovery is instrumental in uncovering income or assets which a spouse may intend to hide from the asset division process.
Illinois Divorce Law Utilizes a Principle of Equitable Distribution
When divorce occurs in Illinois, the state utilizes a principle of “equitable distribution” with regard to a marriage’s income and assets. An equitable distribution is not necessarily an equal division, but is defined broadly as the division of property in “just proportions.”
Some assets of a spouse, especially those obtained prior to marriage and kept separate during marriage (e.g., …
Understanding the Terminology Surrounding Divorce in Illinois
Divorce is a state law issue. This is a simple but important distinction to keep in mind when going through divorce in the state of Illinois, as the legal guidelines concerning spousal maintenance and property division may prove different than what you have may have heard about how divorce works under legal frameworks utilized by other states (e.g., California’s “community property” model).
Illinois Uses a Unique and Evolving Set of Terminology in Matters of Divorce
In Illinois, “spousal maintenance” is the official terminology for what is elsewhere referred to as “alimony” or “spousal support.” This somewhat abstracted language pairs with that used by the state with regard to child custody (“allocation of parental responsibility”), asset division (“equitable distribution”), and even the terms concerning the state’s position regarding the issue of fault in the dissolution of a marriage (“irreconcilable differences”).
Maddeningly, the closer you investigate the state’s divorce lexicon, the more circular or abstracted it becomes. “Equitable distribution” does not necessarily translate to “equal,” but rather to “fair and equitable.” “Permanent maintenance” has been reframed as “maintenance for an indefinite term,” though the duration, once determined, may for all practical purposes prove permanent. Divorce is hard enough on former spouses and …
Planning Parent and Child Relocation in Accordance With Illinois Law
When parents divorce, the chain of cause and effect extends far into the future. Where there was once a unit, with each parent a party to mutual decision-making and sacrifice for vocational and educational opportunities, there are now separate, often largely independent spheres. Where one parent occupied an at-home role, both parents may now either need or want to work. Where there was a stable support network of grandparents and other relatives, there may now be more tenuous circumstances.
Changes such as these reflect only a few of the variables in play following divorce – changes that may require or inspire one parent to look outside of the Chicago area or the state of Illinois for employment, educational opportunities (for him or herself or their child), and family support. Importantly, however, a divorced parent cannot just uproot and leave with their child in tow. The parental responsibility arrangement entered in their divorce decree must be honored, and modifications related to child relocation must be sought and obtained using formal processes in compliance with state guidelines.
Defining Relocation Under Illinois Law
Under Illinois law, “relocation” occurs in one of the following three cases:
- If the current primary residence of the child
Enforcement of Divorce and Child Support Orders in Illinois
People may behave irrationally in an acrimonious divorce, willfully disregarding court-mandated child support or spousal support. Reasons may involve wild recriminations or appeals to a misguided sense of justice separate from the judicial system. Make no mistake, though—the law is the law. When an Illinois court enters a divorce decree into court records, it is the last word on the subject, barring a judge’s formal legal modification. When a former spouse refuses to comply with their court-ordered child or spousal support obligations, the power of the law may be used to enforce the divorce decree and impose penalties for non-compliance.
Fault Is Not a Basis for Refusing to Comply with a Divorce Order
If, when refusing to pay court-ordered child support or spousal maintenance, your former spouse attempts to cast blame, remember that Illinois is a “no-fault” state in matters of divorce. The court that has already awarded child or spousal support is of course already fully aware of this fact, so it is doubly beside the point to attempt to evade an order by engaging in informal relitigation.
After the divorce has been finalized, each party has a legal obligation to abide by the terms and conditions of the …