Custody & Child Support
Custody & Parenting Time
In Illinois, the legal term for custody is “significant decision-making responsibilities.” Parents may share significant decision-making responsibilities over all or some of the major issues (commonly referred to as joint custody), or one parent may have sole significant decision-making responsibilities (commonly referred to as sole custody).
Illinois requires the court to allocate custody based on the best interests of the child. Presently, there is no presumption that parents share joint custody or that a single parent has sole custody.
Parenting time (also known as visitation) refers to the time each parent spends with the child. Illinois law encourages the maximum involvement of both parents in the child’s life.
Paternity & Parentage
An action to establish paternity (also referred to as parentage) can be initiated irrespective of the legal relationship between two parents. An individual can pursue an action to declare the non-existence of a parent-child relationship. Pursuant to a paternity action, the courts can allocate parental responsibilities (custody and parenting time), determine child support obligations, and address contributions to post-high school educational expenses.
Relocation
During a child’s minority, if one parent intends to move a substantial distance away or outside of Illinois, it’s considered a relocation. A relocation may justify a modification to custody or parenting time, which can require court involvement to resolve. At Steiner Howeth Pasquesi & Hatch, we will review your circumstances with you to determine if and how to modify a prior court order or judgment relating to parental responsibilities in the context of a relocation.
Child Support
Child support refers to a parent’s obligation to provide financial support to a minor child. Illinois utilizes guidelines to determine the amount of child support one parent may be ordered to pay to the other parent. The guidelines are based on both parents’ financial circumstances and the parenting time schedule. In addition to a periodic payment (typically monthly, bimonthly, or biweekly), the court can order both parents to divide expenses related to:
Education
Health
Childcare
Extracurricular activities
Our team of lawyers carefully reviews your circumstances to determine the appropriate amount to be paid and the framework for payments to be made.
College Expenses
Illinois is unique in that divorced parents are sometimes required to contribute to their child's college education. If you are a divorced parent or will be one soon, it's important to understand the state's laws regarding financial support for college-aged children.
College expenses can include tuition, room and board, books, supplies, fees, and other related costs. The court may even order parents to contribute to college entrance exams, school visits, and living expenses during school breaks.
When deciding how to divide college expenses between parents, the court considers each parent's income and assets. The child's resources and academic performance are also taken into account.
If there is a significant change in circumstances, the court's order regarding college expenses may be modified. Our lawyers can help you determine if a modification is appropriate and the best way to obtain one. We can also help you enforce a previous order related to college expense contributions.
To understand your potential exposure or the other parent's potential contribution to college expenses, it's crucial to speak with a lawyer well before your child's post-high school education. The scope of what the court can order, including limitations, is broad. Our lawyers have extensive experience dealing with college expense issues and can guide you through your options and exposure.