In Illinois, a custody order cannot be modified for two years after its entry, unless by stipulation of the parties, or an affidavit alleging of serious endangerment to the child. What does this mean? It means that within two years of the order, modification is going to occur only if the parties agree, or if the non-custodial parent can prove to the court that the child is being seriously abused.
A parent will have to prove to the court, by clear and convincing evidence, that the child is subject to severe physical abuse that requires medical attention, severe mental abuse that requires counseling, or sexual abuse. In other words, a parent will need evidence of another witness, such as a police officer, a doctor or counselor to testify or provide a sworn statement that they were witness to the evidence, by pictures, treatment, or statements from the child.
After two years, the modification bcome slightly easier, but only a little. When you attempt to modify a custody order, you will have to prove that the environment in which the child lives is not in the child's best interests, and that your environment is in the child's best interests. Here's why this is difficult: you can't just show you are a better parent. In other words, you have to show that the other parent is unfit, and that you are fit. The courts may not use the word, "unfit," but if you are going to try to modify the order, that is the standard that you want to aim to prove.
If you are going to undertake this battle, (and it will feel like a battle - trust me) you want to make sure that your time, money, and efforts are not wasted on a losing proposition. You have to expect the worst, hope for the best, and prepare for all possible outcomes.
Richland County & Marion County, Illinois: Custody Labels - It's ONLY a Label
Lots of parents get worked up about custody labels. And that concern is completely understandable because it's your child. In fact, clients often start out saying, "I'm not agreeing to anything but sole custody." and most people believe that joint custody means that the parties have equal time with the children, and no one has to pay child support.
There are two levels of custody, and they can be mixed and matched. Sole custody means that a parent has complete control over the children's education, medical treatment, and religion. True joint custody means that both parents have the decision making power over the children's education, medical treatment, and religion.
Keep in mind that the courts can only award what is labeled "joint custody" if the parents get along and communicate extremely well. If the two of you testify that you do not get along, you cannot call your arrangement "joint custody."
I have clients who want what others would call "joint custody" but don't communicate well at all. In that instance, there is no joint parenting agreement, but the terms of the "joint parenting" are written into the Marital Settlement Agreement without using that label. The Marital Settlement Agreement will simply state that one parent is the residential custodian or primary custodian. Then the agreement contains all the terms addressing how the parties will share decisions about the child(ren)'s medical care, religious upbringing, and educational needs.
By getting away from the term "joint custody," an agreement can be fashioned to address the wants and needs of each party when it comes to raising their child(ren).
There are two levels of custody, and they can be mixed and matched. Sole custody means that a parent has complete control over the children's education, medical treatment, and religion. True joint custody means that both parents have the decision making power over the children's education, medical treatment, and religion.
Keep in mind that the courts can only award what is labeled "joint custody" if the parents get along and communicate extremely well. If the two of you testify that you do not get along, you cannot call your arrangement "joint custody."
I have clients who want what others would call "joint custody" but don't communicate well at all. In that instance, there is no joint parenting agreement, but the terms of the "joint parenting" are written into the Marital Settlement Agreement without using that label. The Marital Settlement Agreement will simply state that one parent is the residential custodian or primary custodian. Then the agreement contains all the terms addressing how the parties will share decisions about the child(ren)'s medical care, religious upbringing, and educational needs.
By getting away from the term "joint custody," an agreement can be fashioned to address the wants and needs of each party when it comes to raising their child(ren).
Jefferson County, Illinois: Collecting Child Support
Check out this article about having a hard time collecting child support from about.com divorce. It's a wise person who does NOT negotiate a child support figure. Yes, I know you want that support coming in, and you're trying your darndest to be the "nice" one in the divorce. Illinois has calculations set in place for a reason.
So what are those calculations? 20 percent for one child, 28 percent for two children, 32 percent for three children, 40 percent for four children, 45 percent for five children, and 6 or more at 50 percent. 750 ILCS 5/505.
And, always keep in mind if you're the one having to go to court to get that child support, you can request attorney's fees pursuant to Section 508(a) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). 750 ILCS 5/508(a).
So what are those calculations? 20 percent for one child, 28 percent for two children, 32 percent for three children, 40 percent for four children, 45 percent for five children, and 6 or more at 50 percent. 750 ILCS 5/505.
And, always keep in mind if you're the one having to go to court to get that child support, you can request attorney's fees pursuant to Section 508(a) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). 750 ILCS 5/508(a).
Marion County & Jefferson County, Illinois: Back Child Support Due
also known as a child support arrearage. In Illinois, if you're paying child support, and you owe back child support, you must make efforts to pay off that arrearage. However, don't let anyone convince you that you can have a large amount taken out of your check at one time. Illinois law limits the amount of back child support to be paid at one time to 20% (twenty percent) of the amount you're currently paying. In fact, it's clearly listed on the Uniform Order of Support which must be completed any time child support is paid by a parent.
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