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In the beginning of the year, Illinois got rid of the family law terms “custody” and “visitation.” Now the law that governs who children will live with after a divorce and who has the power to make decisions for the children, the Illinois Marriage and Dissolution of Marriage Act, uses the terms “parenting time” and “allocation of parental responsibilities” instead. Though these terms have been in use since the beginning of the year, many people still may be confused about what the change means and the reasons for the change. This article discusses what the changes mean for couples struggling with child custody and visitation issues.
Definitions of the New Terms
While the terms “parenting time” and “allocation of parental responsibilities” are similar to “visitation” and “custody,” they actually divide up parenting concepts in different ways. Custody generally referred to who the children lived with and also who had the power to make decisions on behalf of the children. Visitation meant the legally protected right of the parent who the kids do not live with to spend time with the children. Now, instead of having one parent who the kids live with and who makes decisions, parenting time and allocation of parental responsibilities divides the rights in a different way.
Many news and celebrity gossip outlets have covered the divorce of actor Johnny Depp and his former wife, actress Amber Heard. The divorce was especially messy because there were accusations of domestic violence from Heard. Because of the notoriety of the couple, details of their marriage and divorce have been made public with both sides giving sometimes contradictory messages. NBC News recently reported that the exes have reached a settlement and the divorce can go through.
Even though most of us do not have the fortune of Depp and Heard to divide up, or the paparazzi and other media reporting on the details of our relationship, there are lessons that all of us can learn from their divorce settlement. This article looks at what regular people can learn about divorce settlements from the divorce of Johnny Depp and Amber Heard.
It is Not Always About the Money
Various news outlets are reporting that in order to settle the divorce, Johnny Depp will pay Amber Heard seven million dollars. While for most of us this is a life-changing amount of money, for Amber Heard, who has a successful modeling and acting career of her own, it may be more about the principle. Amber Heard says that she will donate the money from the divorce to a charity. Even for many couples without the massive wealth of the Depp-Heards, the money itself may not be the point of divorce settlement negotiations. While we all need money to live, sometimes money also represents other things. For example, it may be very important for one person in the couple to get what he or she thinks is fair, even if he or she does not need the money. Other times the breadwinner of the couple may be able to be in the position he or she is in because of the contributions of the other partner and the less earning person may want compensation for the years of sacrifice he or she made for the breadwinner’s career.
Pets can often feel like family members. So, when there is a divorce, the family pets may be affected as well and couples may fight over whom the pet lives with after the divorce. This article looks at the laws and rules regarding pets during a divorce in Illinois.
What Status do Pets Have?
Though pets may feel in a lot of ways like children or other family members, the law generally looks at them as property. However, now that both divorce rates and pet ownership rates have risen, judges may be more likely to take into account the unique needs of pets. Essentially, judges are able to decide themselves whether they treat a pet more like a lamp or like a child.
However, unlike with children, judges are not able to award visitation or approve any other kind of “parenting plan” where time with the animal is legally mandated to be split. Divorcing couples are allowed to make their own arrangements for sharing time with the pet without court involvement.
NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.
If you are ordered by the Illinois court to pay child support, generally that support obligation will end at age 18 or as long as the child is still in high school. However, when a child is disabled then a parent who pays child support may be obligated to pay child support even after the child reaches adulthood.
Child Support Rules Generally
In Illinois, child support is governed by the Illinois Marriage and Dissolution of Marriage Act. Generally, the parent with whom the child does not live is the one that is required to pay child support to the other parent. Illinois calculates the amount of child support owed based on the income of the parent that is ordered to pay it and the number of children the couple has together. For one child the amount is 20 percent, for two it is 28 percent, for three it is 32 percent, and for four it is 40 percent of the payor’s income. However, the court takes into account the circumstances of the parties, including the income and needs of the parties, and the income and needs of the parents.
The idea of adopting a child may seem overwhelming at first because there is so much you need to know and so many choices to make. However, there are a number of basics that you should understand and become familiar with if you plan on bringing a new child into your family in Illinois
Adoption Definition
The Illinois Adoption Act governs adoption in Illinois. Adoption is when the legal and/or biological parents of a child sever legal ties and another person or couple is given the rights and responsibilities of care and control of that child. After an adoption is complete, as far as the law is concerned, it is as if that child was born into the adoptive family. While adults can adopt other adults as well, this article focuses on child adoption.
Kinds of Adoption
There are many different kinds or adoption and these may each present special concerns or issues:
The Chicago Tribune recently reported on a hearing that took place in front of the Illinois Supreme Court Rules Committee. The committee heard testimony from juvenile justice advocates who were pushing for reform of the rules around juveniles being forced to wear arm and leg shackles during court in some counties.
Current Policy
At this time, there is no statewide policy in Illinois about whether and when shackles should be used on defendants in juvenile court actions. However, there are very specific guidelines for when shackles are used for adult criminal defendants in court. Right now, each country makes their own rules about when it is appropriate for juveniles to be shackled in court. In DuPage County, whose juvenile defendants are heard in Kane County, the judge has the discretion to require shackles to be used or not.
When thinking about a divorce, many people are naturally concerned about the cost. There are many variables that can affect how much a divorce will cost. The person that is responsible for paying these fees is usually decided by the couple or worked out in the divorce. To be sure, there exist a number of variables that will make the cost of a divorce go up or down.
Fees
Court fees are a part of almost all legal actions. These fees are paid to the court in order to file certain kinds of documents, including divorce documents. Recent articles have examined the difference in fees in different counties in Illinois. The fee for a divorce in DuPage County in 2016 is $290. Many counties in Illinois have been accused of having “skyrocketing” fees for civil actions and criminal convictions.
Attorney’s Fees
Attorney’s fees can vary depending on the divorce process and decisions that the couple makes. Some of the things that can affect the amount of attorney fees in a divorce are:
The website Central Illinois Proud recently reported on several stories of people winning the lottery before their divorces were finalized. The main question that comes up is whether the soon to be ex-spouse is entitled to any of the winnings. While it seems like this would be a rather basic question, like many parts of the law it is not as straightforward as it seems.
Disclosure
If you have won a significant amount of money and are separated or in the process of divorce, you need to make sure you are upfront with your attorney and your spouse about the winnings. The Central Illinois Proud article highlights the case of a California woman who won the lottery, and then filed for divorce a few days later. She did not plan to tell her ex-spouse about the money but then her winnings, and her deception were found out during the divorce process. The court ended up awarding her ex-husband all of the winnings.
During a divorce, one of the things that need to get allocated is the marital debt that the parties have accrued during the marriage. Indeed, it is important to understand debt allocation and how debt allocated during a divorce can be affected by the original contract that created the debt.
Allocation of Debts
The Illinois Marriage and Dissolution of Marriage Act governs the way that property is divided during a divorce in Illinois. Assets are not the only things that need to be divided, but so do any debts that are considered debts of the marriage. Marital debts, like marital assets, will generally be the debts that were accrued during the marriage, however, there are some exceptions. The exceptions are beyond the scope of this article, but a knowledgeable property division attorney can help to determine whether the debt is marital or separate.
When a minor is charged with a crime in Illinois, he or she may be diverted to the juvenile justice system. Whether the minor faces the charges in adult court or through the juvenile justice process depends on the age of the minor and the crime committed. Youth 15 years and younger will be in juvenile court and youth 16 years and older will start in juvenile court but may be moved to adult court if it is a very serious crime, such as first-degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm. It is important to remember that youth in the juvenile justice system do have rights. Indeed, it is important to understand some of the most substantive rights youth and parents have when navigating the juvenile justice system in Illinois.
Right to an Attorney
Just like adults, children in the juvenile justice system have the right to an attorney. If you cannot afford a lawyer the court will provide a defense attorney. Immediately after being arrested your child should demand to talk to an attorney and say nothing else. Attorneys can help protect your child’s rights and help the case move expediently. Getting an attorney is not a sign of guilt and it is extremely important to exercise this right by contacting a knowledgeable juvenile law attorney as soon as possible.
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