move, Rolling Meadows family law attorneysIf you are a divorced, separated, or unmarried parent, you probably realize how important it is for your child to maintain a healthy relationship with his or her other parent. There are exceptions, of course, including situations in which the other parent is completely absent, negligent, or, worst of all, abusive. Following your divorce or breakup, you and the other parent most likely managed to come to an agreement regarding your child, granting each of you certain rights and responsibilities. What happens, though, when you decide that you want to move out of the area with your child? Do you have the right to do so? Is it possible to move too far away?

As with most considerations regarding child custody, or the allocation of parental responsibilities as it is now called in Illinois, there are no definitive answers to these questions. Instead, the law provides that parents are expected to act in their child’s best interests, and when there is a dispute regarding what is best for the child, the court may intervene.

Distance Considerations

When you are looking to move to a new town or out of Illinois altogether with your child, the law places basic limitations on such a move if you share parental responsibilities. The Illinois Marriage and Dissolution of Marriage Act specifies that you will need the consent of the other parent or the court for a move that is:

  • More than 25 miles to a new home in Illinois from a current home in Cook, DuPage, Kane, Lake, McHenry, or Will County;
  • More than 50 miles to a new home in Illinois from a current home in any other Illinois county; or
  • More than 25 miles to a new home outside of Illinois from a current home anywhere within the state.

Consent or Court Approval

The other parent must give his or her permission for such move because his or her parenting time and relationship with your child is likely to be greatly affected by the new distance. You will also be expected to amend your existing parenting plan to include provisions that promote a continued relationship between the child and the other parent.

If the other parent objects to your intended move, you can petition the court to permit the move anyway. You will need to show that the relocation will ultimately serve the child’s best interests overall, despite the distance from the other parent.

Seek Guidance from a Rolling Meadows Family Lawyer

For more information about moving with your child, contact an experienced Arlington Heights family law attorney. We will explain the applicable laws, answer your questions, and provide the representation you need throughout the process. Call 847-253-3100 for a free consultation with Cosley Law Office today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000

Posted in Parental Responsibilities, Rolling Meadows Family Lawyer | Tagged , , , , ,

child support, Rolling Meadows family law attorneysIn an unmarried or divorced parenting arrangement in Illinois, the parent with the majority of the parenting time is often entitled to receive child support payments from the other parent. If you are the parent with fewer parental responsibilities and less parenting time, you may be required to pay child support. Child support payment amounts are based on each parent’s financial circumstances, the children’s needs, and other factors. Understandably, these factors may change. If you need to change your court ordered child support, read on to learn how to do so.

When Are Child Support Orders Eligible for Modification?

Illinois child support orders are automatically eligible for review and possible modification every three years. During a modification review, the existing child support balance, both parents’ income and employment circumstances, and other relevant information is evaluated. If the review reveals that the child support obligation may require adjustment, parents may request a modification.

If it has been less than three years since your original child support order was put into place or since the last modification review, you will need to show that a “significant change in circumstances” necessitates the modification. There are many situations that may be considered a significant change in circumstances including but not limited to a change in:

  • The child’s needs
  • The recipient’s financial conditions
  • The obligor’s financial conditions, including job changes
  • The allocation of parental responsibilities or parenting time

Requesting a Modification

If it has been at least three years since your last modification review or you have a substantial change in circumstances, you may petition the court for a child support modification. You will likely need to fill out Certification of Income and Expenses form (HFS 2782) and submit supporting information. An attorney can help you take the steps necessary to request a child support modification and ensure that your rights are fully protected throughout the process. If you and your child’s other parent disagree about the need for a modification, he or she may argue that your reasons for requesting a modification are invalid. An attorney can help you gather evidence that justifies your motivation for requesting a modification.

Never Stop Child Support Payments Without Notice

Understandably, some obligor parents may run into financial problems that reduce their ability to pay child support. However, if you are required to pay child support and you fail to fulfil your obligation, you can face serious consequences including fines, wage garnishment, driver’s license suspension, and in extreme cases, even criminal penalties. If you lose your job, experience a major increase in expenses, or have another financial issue that reduces your ability to pay child support, notify the other parent and the court as soon as possible. Do not simply stop paying support and expect things to be just fine.

Contact an Arlington Heights Child Support Lawyer

If you want to learn more about modifying your child support order, contact Cosley Law Office. Call us at 847-253-3100 today and schedule a free consultation with a Rolling Meadows family law attorney to discuss your needs.

 

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

Posted in Child Support, Child Support Modifications | Tagged , , , ,

maintenance, Rolling Meadows divorce attorneysAs you navigate the process of divorce, you and your soon-to-be ex will have a large number of issues to consider. You will need to think about which of you will get what property, arrangements for your children, and how you will deal with life after divorce. For many couples, the issue of spousal maintenance, or alimony, can be particularly complex, as it is often difficult to “put a price” on your ending marriage. While you may be content to place such decisions in the hands of the court, you also have the option of creating your own maintenance agreement that meets the needs of both parties and avoids messy litigation.

Communicate and Cooperate

While divorce is rarely, if ever, easy, an increasing number of couples are approaching the matter with a cooperative spirit. In many cases, both spouses have reached the conclusion that continuing the marriage is no longer healthy or in their best interests, but still care about each other and do not want to create additional, unnecessary problems. With an attitude such as this, you and your spouse are likely to be able reach an agreement regarding spousal maintenance quickly, and without acrimony.

During the discussion, it is important to be candid about your financial situation and your needs. You should also expect the same from your spouse. Together, you may come to the realization that maintenance payments are not really necessary or will be necessary for only short time. Alternatively, you may decide, depending on your own circumstances, that maintenance is reasonable for the foreseeable future. Be sure to include avenues of revisiting your agreement, however, as situations can change over time, sometimes drastically.

Creating Reasonable and Equitable Agreement

Before you submit your agreement to the court for approval, a qualified lawyer can help you identify any potential legal concerns. Whatever arrangements you make are expected by Illinois law to be reasonably fair. At the very minimum, they must be made with full comprehension of their implications by both parties. If either element is missing, the court may reject your agreement as unconscionable and either request a revised agreement or enter an order based on spousal maintenance provisions in the law.

Call a Rolling Meadows Spousal Maintenance Attorney

If you are considering divorce and would like to keep the process as simple as possible, our team can help you do so. Contact an experienced Arlington Heights divorce lawyer at Cosley Law Office. We will review your situation and provide our honest evaluation of how to best achieve your objectives. Call 847-253-3100 for your free consultation today.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

http://www.illinoiscourts.gov/opinions/appellatecourt/2006/2nddistrict/september/html/2050098.htm

Posted in Alimony, Rolling Meadows Family Lawyer | Tagged , , , , ,