When a couple with children gets a divorce, many issues will need to be resolved. A major issue is child support. The court will decide that one parent will need to make regular payments to the other parent to aid with child-raising costs, including food, clothing, medical costs, school, and many more. If you are the parent with the majority of parental responsibilities, you will likely depend on these child support payments to make sure you can cover all the expenses you are responsible for now that you are no longer married. If your co-parent suddenly stops making these payments, it can be extremely stressful and you may be worried about how you will make ends meet. There is hope for you, however, with legal procedures in place for exactly this type of situation. An experienced Arlington Heights, IL child support attorney will be able to explain the procedures to you and get started on the path of protecting your rights.

Is It Possible for Me to Recover Child Support?

If you are divorced and want the legal authorities to enforce your ex’s payment of child support, you need to make sure that your child support order is enforceable. If you do not have one in writing but instead made a verbal agreement, you will need to make sure to change this.

The Illinois Department of Children and Famly Services can issue an order that will require one parent to make child support payments to the other parent. The other parent could ignore this, but with an official order in place, you will be in a better position to appeal to the court for help.

When a married couple has a baby in the State of Illinois, the woman who gives birth is automatically considered the mother, and her husband is automatically considered the father. This definition is very matter-of-fact and does not have much impact on the family. However, when a couple is not married and they have a baby, things can become a bit more complicated. The woman who gives birth is still automatically considered the mother, but the baby’s father needs to prove his paternity, meaning that he is the biological father.

Whether or not someone is legally considered a child’s father has a lot of ramifications. This determines if a man has certain obligations to the child and mother, such as the requirement to make child support and spousal support payments. It also determines whether the man has any rights relating to the child, such as visitation and decision-making. If you are not married, about to welcome a baby, and are concerned that your rights as a father may not be protected, an Arlington Heights, IL paternity lawyer can explain the specifics of why you may want to officially and legally prove your paternity.

Why Should I Establish My Paternity?

If a married couple has children, both spouses are automatically considered the children’s parents. If they later get divorced, the parents each have their established role, and the division of their parental responsibilities needs to be decided in a divorce settlement. But if they never got married in the first place, it can be more complicated for the father.

According to the Centers for Disease Control (CDC), domestic violence affects millions of Americans every year, with one in five homicides being carried out by the victim’s intimate partner. 

It can be hard enough to gather the courage to leave a situation where you are a victim of domestic abuse, and even harder to think about actual legal actions like divorce. If you are reading this and find that you can identify with it, you should know about the options you have to protect yourself and your children. Suffering domestic abuse is a terrible experience that no one should have to go through. An Arlington Heights, IL attorney will walk you through what you can do and fight hard to get you the best resolution for you.

File a Petition for Sole Custody

In the State of Illinois, two parents who share children and are getting a divorce generally will have some sort of shared custody arrangement. What is commonly known as custody is split up into two categories: parental responsibilities (referring to the ability to make important decisions for the child) and parenting time (visitation, or the amount of time a parent is physically with their child).

When divorcing parents in Illinois cannot agree on child custody terms, mediation is often legally required before the case can proceed to court. Proper preparation is key to making custody mediation more effective and productive.

Understand the Mediation Process

It is important to understand how child custody mediation operates in Illinois. Mediation involves parents meeting with a neutral, accredited mediator to attempt to negotiate custody and parenting time agreements. The mediator facilitates discussion but does not impose any binding decisions. Conversations during mediation are considered strictly confidential under Illinois law.

Gather and Organize Documentation

Bring any relevant court orders, child custody evaluations, school records, medical records, police reports, and other important documentation that supports your position on custody arrangements to the mediation session. Having evidence available helps mediators fully understand the circumstances when reviewing proposals. Keep copies organized in a binder for easy reference.

Fathers have important legal rights when navigating family court in Illinois during divorce and child custody cases. However, many dads are unaware of their rights or how to assert them effectively. It is beneficial to know about a father’s rights during a child custody case.

Presumption of Equal Parenting Time

Recent changes to Illinois law have established a presumption that both parents are fit and that equal parenting time is in the children’s best interests. This means courts will generally seek to order a timeshare as close as possible to 50/50 custody or at least “reasonable parenting time" for each parent.

Fathers should not hesitate to request equal parenting time and present arguments about why spending half of the time with dad is best for the kids. Unless evidence shows otherwise, judges will aim for a schedule maximizing the involvement of both parents.