Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196
Subscribe to this list via RSS Blog posts tagged in new law

Posted on in Child Support

Lombard family law attorneysUntil just a few months ago, Illinois courts calculated child support as a percentage of the income of the parent with fewer parental responsibilities—referred to in the past as the non-custodial parent. Since July 1, 2017, however, a new law has brought child support guidelines in Illinois up to date with modern trends and started improving the lives of all parties involved.

The Old Child Support Law

The previous law in Illinois has long been criticized for being inequitable, with not enough potential exemptions taken into account, and an alleged unfair burden on the non-custodial parent. Under the old guidelines, there were two primary factors in determining the amount of support to be paid: the income of the non-custodial parent and the number of children to be supported.

...

DuPage County family law attorneysWe have all seen the tropes in movies and on television of regular clients at a beauty salon or barbershop. They come in for their cut, color, or style, and carry on a very familiar conversation with their stylist or barber. Unlike other media depictions, this type of scenario is extremely common in the real world. Many people—and especially women—come to view their regular hairdresser as a trusted friend and confidant. Thanks to a new law in Illinois, that trust will soon take a drastic step forward as licensed beauty workers have been tapped to join the battle against domestic violence.

Measure Amends Current Licensing Laws

Last summer, Illinois Governor Bruce Rauner signed a bill that requires licensed beauty workers—including hairdressers, braiders, barbers, cosmetologists, nail technicians, and others—to participate in domestic violence awareness training as a part of their licensing requirements. Initial training will be required for workers looking to obtain a license for the first time. For those who are currently licensed beauticians, an additional hour of ongoing domestic violence education will be added to the requirements for renewal every two years.

...

Lombard family law attorneyIf you are parent facing a divorce—or breakup if you are not married—you probably understand that a child support order may be in your future. In most separated parent situations, one parent is required to make payments to the other parent to assist with the costs of raising their child. Usually, the parent with fewer responsibilities and less parenting time is the one who must provide the support, but the law allows a court to order support payments from either or both parents as appropriate.

Currently in Illinois, child support calculations are based on two primary factors: the net income of the supporting parent and the number of children that require support. Other considerations may be taken into account, but generally have less impact on the final order.

Need for Change

...

divorce, separation, Illinois family law attorneysIf you are like most married people, you probably approached your marriage with a hopeful spirit and a commitment to building a life with your spouse. It is an unfortunate reality, however, that many couples simply do not belong together. The best intentions and years of effort by you and your spouse may not be enough to overcome your differences. In recent years, a trend has begun to emerge among couples who may not wish to remain married but have no intention of making each other’s lives miserable in the process.

A cooperative divorce is always preferable to one that is contentious and stressful, but until now, the law in Illinois tended to keep a couple together longer than many felt necessary. Beginning in 2016, amendments to the law now allow a divorce to proceed much more quickly than ever before, permitting the couple to focus on more important aspects of their lives without undue delays.

No Required Separation

...

parental responsibilities, child custody, Illinois family law attorneysWhile it does not occur in every case, it is certainly common enough. Following a divorce, separation, or breakup, many parents engage in a bitter battle over who will get custody of their children, and who will be relegated to visitation, often with reluctance on the part of the primary custodian. For many years, the laws in Illinois have provided the possibility of sole or joint custody, which parents too commonly saw as a content to be "won" or "lost." Starting next year, that will no longer be the case as the concept of child custody in the state of Illinois is getting a complete makeover.

Family Law Reform

The changes to child custody come as part of a sweeping measure that is drastically updating the state’s approach to divorce and family law in general. The law was passed earlier this year and was signed by the governor in July, paving the way for the updates to take effect on January 1, 2016.

...

Posted on in Divorce

divorce, at-fault divorce, Illinois family law attorneyAs of now, a married individual in Illinois can seek a divorce on the grounds of his or her spouse’s behavior. Of course, divorces on such grounds have grown relatively uncommon since the introduction of so-called "no-fault" divorce in 1984. Beginning in 2016, however, fault divorces, or those based upon the specific actions of one party will no longer be available in the state, forcing all marital dissolutions to proceed on the grounds of irreconcilable differences.

Current Law

Under the existing provisions of the Illinois Marriage and Dissolution of Marriage Act, there are ten separate reasons upon which a fault divorce may be granted. By petitioning for divorce one of these grounds, the petitioner must show that his or her spouse:

...

kane county divorce attorney, separation period, Illinois lawBeginning in 2016, the family law landscape in Illinois is set to change rather dramatically, as a sweeping new law goes into effect on the first of the year. The new legislation, signed by Governor Bruce Rauner last month, amends a number of provisions in the law pertaining to divorce, child custody, parental relocation, and other family-related concerns. Over the next few months, as details of the new law become clearer, future posts on this blog will address some of the various expected impacts.

"Separate and Apart"

Among the most significant changes offered by the new measure is the drastic reduction of the required separation period for a no-fault divorce. Under the current provisions in the Illinois Marriage and Dissolution of Marriage Act, a divorce on the grounds of irreconcilable differences—colloquially known as no-fault divorce—may not be granted unless the parties "have lived separate and apart for continuous period in excess of 2 years." By mutual agreement, the separation may be reduced but may not be less than six months.

...

new law, Senate Bill 57, Kane County Family LawyersLawmakers in Illinois recently sent Governor Bruce Rauner a bill that would make a number of sweeping changes to a number of family law provisions in the State. The legislation takes aim at several different family-related concerns including parental relocation regulations, child custody agreements and spousal maintenance issues. It will also significantly impact divorce proceedings around the State in two primary ways.

Irreconcilable Differences

Known currently as Senate Bill 57, the new law, if enacted, would eliminate the at-fault grounds for divorce from the Illinois Marriage and Dissolution of Marriage Act. As a result, every divorce would be handled as a no-fault divorce on the grounds of irreconcilable differences. A large number of Illinois divorces already cite irreconcilable differences under the existing law, and, by law, fault cannot be considered in property division or spousal maintenance proceedings anyway. The proposed law would simply remove fault grounds such as infidelity, impotence, and physical cruelty as an option in divorce.

...
Illinois is known throughout the country for being one of the toughest places to recover child support judgments. The difficulties of maneuvering the Illinois court system are legendary, with many parents spending years and countless amounts of money trying to recover back due child support payments with no avail. A new law has been passed though, which provides a viable option for parents to reclaim child support payments. On August 12, 2013, Governor Pat Quinn signed into law a bill that will allow race tracks and casinos to garnish prize money earned at these establishments and allow it to be applied to past due child support payments.

child supportEarlier this year, the state of Illinois reported that over three million dollars of past due child support was owed to local Illinois parents. Illinois is a highly litigious state with an extremely complicated court system that can be daunting to the average citizen. The situation of recovering child support can be even more complicated when the party owing child support is self-employed, a job-hopper and/or resides in a different state. The attempt to recover child support can be an extremely expensive and time consuming process that guarantees no actual payment, even when arrest warrants and judgments are issued against the party owing child support.

Under the law, Illinois gambling locations are required to post signs that alert gamblers to the fact that prize money earned could be garnished for any persons whose name appears in the Department of Healthcare and Family Services system. The earnings are then given to the Department of Healthcare and Family Services, who will then distribute the earnings to the parents owed past due child support. The sponsor of the bill, Dunlap Republican Sen. Darin LaHood, believes that the law will allow for around one million dollars to be recovered within the first year of being enacted.

The Illinois Gambling Law is a big feat for those parents seeking to recoup past due child support. Typically, a judgment can be entered for past due child support, but that is no guarantee that the owing party will be forced to pay, or even has the means to do so. The law takes money that the defendant has recently earned, and gives it directly to the parent of the child who is owed money. Call today to discuss the effects this law will have on your current child support situation with one of our family law attorneys here at Angel Traub and Associates in Arlington Heights, Illinois.

The Department of Defense has recently announced its plan to extend a range of federal benefits to same-sex spouses of military personnel and civilian defense employees. The changes are being made as a result of the Supreme Court decision that overturned a key portion of the Defense of Marriage Act (DOMA). In its decision, the court declared that gay couples married in states where it is legal must receive the same federal health, tax, Social Security and other benefits that heterosexual couples receive.

KerryThe benefits will be available regardless of sexual orientation, as long as service member-sponsors provide a valid marriage certificate. The Pentagon also said it would allow up to 10 days of leave for couples who are not stationed in jurisdictions that recognize same-sex marriage to a jurisdiction that does allow it. There are currently thirteen states, in addition to the District of Columbia, that allow same-sex marriages.

Some opponents have criticized the Pentagon for allowing special military leave for same-sex couples to marry, saying there are special provisions in law for adoptions, child birth and emergency situations, but not for marriage.  But the Pentagon says this policy will provide accelerated access to the full range of benefits offered to married military couples throughout the department.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top