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
Download The PPT/PDF document "PARENTING AND SUPPORT PATERNITY 750 IL..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
PARENTING AND SUPPORT
Slide2PATERNITY 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
Slide3Old 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)
Slide4Old 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)
Slide5New 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.
Slide6New 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
Slide7New 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
Slide8Best 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.
Slide9Restricting 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
Slide10Child 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.
Slide11NEW 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
Slide12Parenting 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.
Slide13ONLINE SERVICES
www.Illinois.gov/hfs/ChildSupport
(800) 447-4278
Estimate child support amount