Illinois parents who have gone through a divorce often experience tension and differences of opinion when sharing custody or dealing with visitation orders. Common problems include tardy drop off or pick up of children, ignoring parenting duties, withholding information about travel plans or challenging decisions about schooling, religion or health care. Resolution of these problems should follow a series of steps before escalating to court appearances.
Divorce and other life events in Illinois that require legally binding child custody decisions have the potential to be severely traumatizing to the children concerned. Although the best interest of the child and the rights of the parent are the two primary factors to be considered when the court makes its decisions, grandparents have a recognized role in the health and well-being of the child. If it is possible to do so, then the court will protect the rights of the grandparents and work with them to devise arrangements that allow visitation or possibly even custody of the child.
While many Illinois divorces are amicable, some separations can be fraught with conflict. Unfortunately, it is not unusual for emotions to run high at the end of a marriage. During some divorces, the conduct of one spouse can even become intimidating, frightening or possibly criminal.
The amount of child support payments ordered by Illinois courts is determined primarily by the income of the spouses. This is termed 'income driven" child support. This makes it very important for parents to understand what constitutes income under the law. While some income sources may be obvious, many others are less so.
Domestic violence may occur for the first time when Illinois couples are divorcing, or it might be the cause of the split. According to the National Coalition Against Domestic Violence, one out of every three women have experienced some kind of physical abuse from a partner, and domestic violence hotlines receive approximately 28,000 each day.
During divorce proceedings, one parent may be ordered to pay child support. When setting a rate of child support, the financial needs of raising a child are taken into consideration. However, there are a number of every day expenses that are not covered in the court order. What is covered varies from state to state, and Illinois courts may issue orders that are different in this regard from other jurisdictions.
Illinois residents who are fans of the "Game of Thrones" actress Lena Headey might be following her parenting dispute with her former husband Peter Loughran. Reportedly, Headey took their 6-year-old son to England and enrolled him in school there because she was unhappy with the school system in Los Angeles. Headey says she had Loughran's permission.
If you live in Illinois and are either married to a military service member or are one yourself, you may wonder about how the court will treat yours or your spouse's military pension in the asset division portion of your divorce. Under the Uniformed Services Former Spouses' Protection Act, the state's courts are allowed to handle military pensions as well as other retirement benefits in the property division portion of the proceedings.
Domestic violence is a serious problem in Illinois and throughout the country. Abuse may be financial, emotional, physical or a combination thereof. Some married victims endure abuse for years while others only experience it for the first time at the end of their marriages.