PARENTING AND SUPPORT

PATERNITY 750 ILCS 46/201 WAYS TO ESTABLISH PATERNITY: If the mother is married when the child is born (spouse is presumed to be the parent); Both parents sign a Voluntary Acknowledgment of Parentage (“VAP”) (i.e. 2 parents listed on birth certificate); Court order of Parentage; Administrative proceeding under the Illinois Public Aid Code; or Contract: Adoption or Gestational Surrogacy Act

Old Law – Custody Custody judgements entered before 01/01/2016 in divorce or parentage cases include the old language and that language is still valid unless affirmatively modified after 01/01/2016. Custody used to include: 1) Decision-making for: a. Health care decisions; b. Education decisions; and c. Religion AND 2) Primary residence/visitation (i.e. the child lives with the custodial parent and visits the non-custodial parent)

Old Law - Joint Custody Parents are capable of joint decision-making We don’t want to be married, but we’re a team when it comes to the kids; or We were never married and we consult each other about the kids’ activities. Visits: Children can split their time with parents, or Children can live primarily with one and visit the other; or Children can live in one location, and the parents alternate staying at the house (i.e. nesting agreement)

New Law – Custody Now “custody” is a term only used for non-parents, like: Grandparents; Adult siblings; Step-parents “Custody” is not a term used for parents.

New Law - Visitation Now, “visitation” is a term only used for non-parents, like: Grandparents; Siblings; Step-parents. *Not easy to get as a non-parent, see 750 ILCS 5/602.9

New Law – Parental Responsibilities Parental Responsibilities includes: Decision-making responsibilities Education; Healthcare; Religious upbringing; and Extracurricular activities Decide each area separately; and Decide father, mother or joint Parenting Time The time that the child spends with a parent (*must list a primary residence for purposes of school) Parental responsibilities unbundles custodial rights

Best Interests of Child Courts decide parental responsibilities based on Best Interests of the Child. 750 ILCS 5/602.7 For best interests, the courts will consider the wishes of the parents and children; Relationship between the child and the parent; relationship between the child and other siblings; Prior agreements or prior course of conduct; Child’s mental and physical health; Child’s needs; Distance between the parties; Physical violence or threat of physical violence by a parent directed against the child or other member of the household; Willingness of parent to encourage a relationship between the child and the other parent.

Restricting Parenting Time Only if the court finds evidence that exercising parenting time would seriously endanger the child’s physical, mental, moral or emotional health. Restrictions include: Reduction or elimination of parenting time; Supervision; Facilitated exchange (3rd party present); Abstain from alcohol; Restricted presence of certain people; Completion of a treatment program 750 ILCS 5/603.10

Child Support Guidelines Determining the amount of child support: Number of Children % of Supporting Party’s Net Income 1 20% 2 28% 3 32% 4 40% 5 45% 6 or more 50% Paycheck/Notice of Withholding State Disbursement Unit which is a state agency that collects, keeps track of, and distributes child support.

NEW CHILD SUPPORT LAW In effect July 1, 2017 Combines the net incomes of both parents That income and the # of children of the parties is compared to a chart of the cost to raise a child for that family’s income Example: 2500 + 7500 = 10,000; 2 children Cost to raise two children: 4000 7500 earner pays support of 1500 to 2500 earner Charts are based on a study of families and costs

Parenting Time Reduction Under the new support guidelines, the support can be further reduced If the child spends one-half of nights with the supporting parent. In that case, the support is further reduced based on a calculation of percentage of nights spent Effect of changes remains to be seen.

ONLINE SERVICES www.Illinois.gov/hfs/ChildSupport (800) 447-4278 Estimate child support amount