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My Child Does Not Live With me or Their Other Parent. What Should I do?
There are instances when your child may end up living with someone other than you or their other parent. This can happen when your child prefers to live with a grandparent, aunt or uncle, or adult sibling. It may happen when the other parent is no longer able to care for your child. Many families make informal arrangements like this. However, if you are paying child support to the other parent, then your support might not be going to the right place. To learn about your options, contact the experienced family law attorney from Fay, Farrow & Associates, P.C.
When your child lives with another adult besides you or the other parent, then you may want to return to court to obtain authority for decision making and parenting time. Courts prefer children to live with one of their parents whenever possible. If the other mom or dad cannot take care of your son or daughter right now, then you have the right to seek all or a majority of parenting time and responsibilities. The judge will look at the best interests of your child when deciding on each of your parenting responsibilities and time.
Preparing for Divorce Court
Once you or your spouse file for divorce, the reality of the situation sets in. You are going to have to walk into a courtroom and hash out the details of your new and separate lives. This can be incredibly intimidating if you have little or no experience with the court system. That is why it is best to work with an Illinois divorce attorney and discuss what court is like. By preparing for the hearings you need to attend, you can ease some of the stress and worry. For more information, contact the DuPage County divorce lawyers of Fay, Farrow & Associates, P.C. today.
Anticipating Court Appearances
You may not need to attend court every time your attorney does. Some court dates will be check ins, marking the progress of your case. During these scheduled court dates, your appearance may not be required. However, you and your spouse may need to attend hearings requiring evidence and testimony. Usually, these are the days where you argue your position on an issue or expect the judge to make a final decision.
Understanding Annulment in Illinois
When a marriage runs its course, most spouses have it dissolved through divorce. This legal process ends the connection between the spouses and gives them a place to work out relevant issues like the division of assets, parenting time, parenting responsibilities and support. However, there are rare circumstances in which the best thing for an individual to do is ask for an annulment, which Illinois calls a declaration of invalidity.
The Difference Between Divorce and Annulment
A divorce recognizes a marriage existed for a period of time and has now ended. The marriage was valid while it occurred. An annulment, or declaration of invalidity, finds that a marriage was never valid in the eyes of the law. This makes it as if a legal marriage never took place at all.
Reasons for an Annulment in Illinois
Under Illinois law 750 ILCS 5/301, a declaration of invalidity for a marriage is only possible in a few specific situations:
Dealing With Divorce Papers When You Are Stationed Abroad
Being in the military is a challenge, whether you are stationed in the states or deployed abroad. It is a demanding and difficult career that puts a great deal of stress on you and your family. Unfortunately, due to the unique rigors of military life, you and your spouse may decide to divorce. If this decision comes while you are deployed overseas, a relatively straightforward process becomes complicated. Both you and your spouse need to work with attorneys who understand the law regarding divorce and deployment.
If you need representation while you are away, contact the DuPage County divorce lawyers of Fay, Farrow & Associates, P.C. We can explain your rights during this time and help you weigh your options.
You Have the Right to Proper Service of Process
When you are deployed overseas and your spouse wants to move forward with a divorce, your spouse must properly serve you based on the laws of where you are currently deployed or a relevant international treaty. Service of process abroad can be tricky, but it is a legal requirement your spouse must fulfill. You should speak with an attorney to ensure the paperwork you receive was sent properly. If not, you will either need to waive process or have your spouse try again. If you also want the divorce or to make things easier for your spouse, you can waive formal service of process from the beginning.
How do I Prove my Spouse is Hiding Income to Reduce a Spousal Maintenance Obligation?
When you or your spouse makes a request for spousal maintenance, it is in both of your best interests to be upfront about your finances. However, spouses who are afraid of paying spousal maintenance may try to hide assets and/or income to make it look like they cannot afford a high amount. Additionally, spouses who wish to receive spousal maintenance may hide assets and/or income to make it appear that a greater need for maintenance exists. These deceptive tactics can be uncovered during the divorce.
Illinois Spousal Maintenance Law
In Illinois, a judge must first decide whether spousal maintenance is appropriate. There are a number of factors the judge will look at established in 750 ILCS 5/504, including the income and property of each party. If the judge determines support is appropriate, the next step is to define the amount and duration. If you and your spouse have a combined income of $250,000.00 or less, then Illinois law outlines the guideline amount to be paid. However, if your combined incomes are greater than $250,000.00, then the judge has discretion in the amount and duration.
My Child’s Mother Denies He Is Mine. What Can I Do?
Becoming a father is an equally amazing and terrifying experience. You and the child’s mother are suddenly responsible for another living being. Unfortunately, this experience is more stressful than necessary when there are questions regarding paternity. If you are a situation in which you are sure you are the father of a newborn yet the mother denies it, contact a DuPage County attorney at Fay, Farrow & Associates, P.C.
Sign Up With the Illinois Putative Father Registry
Illinois has a registry for men who believe they may be fathers yet have not legally established paternity. You can register before the birth of the child or within 30 days of his or her birth. Once you are registered, if the mother attempts to place the child for adoption, you will receive notice and can go to court to defend your paternity and seek custody of the child. If you believe an adoption is within your child’s best interests, you can state this in court as well. Signing up for the registry ensures you have a say in your child’s future.
Should I Bring up my Spouse’s Alcoholism During the Divorce?
As of 2015, the National Survey on Drug Use and Health (NSDUH) found 15.1 million adults had an alcohol use disorder, including 9.8 million men and 5.3 million women. Considering these statistics, it is common for one or both of divorcing spouses to have issues with alcohol, including alcoholism. In some situations, this drastically effects a divorce, since excessive drinking may be linked to spousal abuse and child neglect and abuse. However, there are other cases in which a spouse’s alcoholism is unrelated to the divorce and does not need to be addressed in court.
If you are going through a divorce and you believe your spouse is an alcoholic, speak with an experienced DuPage County divorce attorney from Fay, Farrow & Associates, P.C. before bringing these accusations up in court.
Is Your Spouse an Alcoholic?
Before you bring up alcohol abuse in court, you should consider whether your spouse is truly an alcoholic or simply drinks more often or a greater amount than you think is appropriate. This can be a difficult question to ask yourself, particularly if your spouse’s drinking has negatively impacted you. According to the Mayo Clinic, an alcohol use disorder, which includes what is considered alcoholism, is a pattern of drinking alcohol that involves:
Parenting Time Strategies for Breastfed Infants
Since many infants are breastfed for much of the first year of their lives, how do parents arrange parenting time when the mother breastfeeds? It turns out there are multiple options. For more information on co-parenting young children, contact the DuPage County child custody lawyers of Fay, Farrow & Associates, P.C.
Strategies for Co-Parenting a Breastfeeding Infant
It is best for parents to sit down and discuss what type of schedule is best for their child and is truly workable for them. Not every situation is right for all families. Some of the strategies co-parents use when a child is breastfeeding include:
- Pump and provide: Many moms pump their breastmilk, which can then be frozen or refrigerated and used later with a bottle. If a mother is able to pump, she may be able to provide the father with enough milk for while the child is away from her. However, this is not always an option since some mothers have trouble producing enough milk to create extra bottles, some babies dislike using bottles, and the principles of attachment parenting favor natural breastfeeding over bottles.
Wage Garnishment for Child Support in Illinois
Are you receiving the child support you are supposed to? Is your child’s other parent willfully not paying you? Whatever the reason for the delays, you have the right to take legal action in order to receive court-ordered child support in a timely manner and obtain whatever is in arrears. The most common way to seek late child support is through a wage garnishment. To learn more about how wage garnishment works, read on and then contact the experienced DuPage County child support lawyers of Fay, Farrow & Associates, P.C.
Illinois’ Income Withholding Support Act
Statute 750 ILCS 28/25, the Income Withholding for Support Act, enables recipient parents to use wage garnishment, also known as income withholding, to obtain child support. It also enables parents to use income withholding at all times, even when there have been no delinquency issues.
What is Wage Garnishment?
What Does Irreconcilable Differences Mean?
In January 2016, Illinois moved to a purely no-fault state for divorce. This meant instead of having fault-based grounds for divorce, such as adultery or cruelty, now all divorces are granted based on irreconcilable differences. Since this legal term will mean a great deal to you if you are looking to divorce your spouse, it is important to understand what it means and how it will affect the dissolution of your marriage. For more information, contact the DuPage County divorce lawyers from Fay, Farrow & Associates, P.C..
Defining Irreconcilable Differences
According to 750 ILCS 5/401(a), “irreconcilable differences” means that there has been an irretrievable breakdown of the marriage and the court finds that attempts at reconciling failed and any future attempts would be impracticable and not in the family’s best interests. Basically, two spouses have come so far that there is no chance of fixing their problems or returning to a happy, healthy relationship. It is within each person’s and the family’s best interest for the marriage to be terminated.
Results listed are not a guarantee or indication of future case results.
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