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PARENTING AND SUPPORT PATERNITY   750 ILCS 46/201 PARENTING AND SUPPORT PATERNITY   750 ILCS 46/201

PARENTING AND SUPPORT PATERNITY 750 ILCS 46/201 - PowerPoint Presentation

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PARENTING AND SUPPORT PATERNITY 750 ILCS 46/201 - PPT Presentation

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 ie 2 parents listed on birth certificate ID: 781020

parents child parent support child parents support parent time law parenting custody responsibilities children parental physical 750 ilcs interests

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Presentation Transcript

Slide1

PARENTING AND SUPPORT

Slide2

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; orContract: Adoption or Gestational Surrogacy Act

Slide3

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. ReligionAND2) Primary residence/visitation (i.e. the child lives with the custodial parent and visits the non-custodial parent)

Slide4

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; orWe were never married and we consult each other about the kids’ activities. Visits:Children can split their time with parents, orChildren can live primarily with one and visit the other; orChildren can live in one location, and the parents alternate staying at the house (i.e. nesting agreement)

Slide5

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.

Slide6

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

Slide7

New Law – Parental Responsibilities

Parental Responsibilities includes:

Decision-making responsibilities

Education;

Healthcare;

Religious upbringing; and

Extracurricular activities Decide each area separately; andDecide father, mother or joint Parenting TimeThe time that the child spends with a parent (*must list a primary residence for purposes of school) Parental responsibilities unbundles custodial rights

Slide8

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.

Slide9

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

Slide10

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.

Slide11

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 childrenCost to raise two children: 40007500 earner pays support of 1500 to 2500 earnerCharts are based on a study of families and costs

Slide12

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 spentEffect of changes remains to be seen.

Slide13

ONLINE SERVICES

www.Illinois.gov/hfs/ChildSupport

(800) 447-4278

Estimate child support amount