
	The Law Office of Danelle W. Oilschlager P.O. Box 6507 Elgin, IL 60121 (847) 452-9267

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On this page Divorce Custody Child Support & Visitation	Divorce The legal term for a “Divorce” in the State of Illinois is “Dissolution of Marriage.” Whether you are contemplating this step or the legal process has already begun, you may have several questions about what your rights are and what to expect. The most frequently asked questions include concerns about parental rights to children, maintenance or spousal support (formerly known as alimony), child support, pension and retirement accounts, rights to real and personal property, and how long will the case take. The law in Illinois governing dissolution of marriage, the Illinois Marriage and Dissolution of Marriage Act, is based on principles of fairness and reason. Additionally, the Illinois Supreme Court Rules, the Illinois Domestic Violence Act as well as the Illinois Appellate and Illinois Supreme Court cases interpreting those statutes apply. Most divorce cases can be resolved fairly, quickly and without animosity between the parties. However, when this cannot be achieved, it is important for you to have an attorney on your side who you can trust will work on behalf of your best interests. My office is also available to assist you in post-decree matters such as modifying dissolution of marriage decrees including child support and/or obligations, completing Qualified Domestic Relations Orders (commonly referred to as QDRO’s) to obtain the marital portion of a retirement account, and enforcing provisions of marital settlement agreements or decrees such as child support and maintenance obligations. I realize that your case is unique and will address your concerns compassionately. Please contact my office to discuss the facts of your situation and the options that you have under the law. Joint Custody & Sole Custody Often times the most emotional issue that arises in a divorce case is custody of the children. In Illinois we operate with two types of custody situations, joint custody and sole custody. Most cases are resolved by agreement when the parties can effectively communicate and work together for their children despite the fact that their own relationship is having difficulties. When the parties cannot agree on custody, the court may appoint a Guardian ad Litem or child’s representative to investigate the case and circumstances involving custody and visitation and make a recommendation to the court. Although there are distinctions between a Guardian ad Litem and child’s representative, it is important to realize that both involve the appointment of another lawyer to enter into the case on behalf of the children. Sometimes, the parties will reach an agreement after the Guardian ad Litem has made a recommendation. However, if the parties do not reach an agreement on custody and visitation, then the court is required to award custody to a parent based upon the best interests of the child. In determining the best interests of the child, the court is required, by law, to consider the following: The wishes of the child’s parents as to his or her custody. The wishes of the child as to his or her custodian (if the circumstances are appropriate). The interaction and interrelationship of the child with his or her parent or parents, his or her siblings and any other person who may significantly effect the child’s best interests. The child’s adjustment to his home, school and community. The mental and physical health of all individuals involved. The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person. The occurrence of ongoing abuse as defined by the Illinois Domestic Violence Act whether directed against the child or directed against another person. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other spouse and the child. Whether either party is a sex offender. In a sole custody situation, the child lives with the one parent designated as the custodial parent. That custodial parent has sole care and control over all of the decisions affecting the child. The non-custodial parent has no decision making power over major decisions concerning the child such as education, religious upbringing and medical care. However, when the non-custodial parent has parenting time or visitation with his or her child, they have the authority to make only day to day decisions while the child is in their care. In a sole custody arrangement, the non-custodial may be awarded extensive parenting time and visitation as the court sees fit based on the child’s best interests. In a joint custody situation, the child generally resides with only one of the parents. This parent is typically designated the residential parent. Unlike sole custody, under a joint custody agreement, both parents share decision making power for major decisions concerning the child. Under Illinois law, in order for parents to enter into joint custody over a child, they must execute what is called a Joint Parenting Agreement. This agreement sets forth each parents’ roles, rights and responsibilities concerning the child. Joint parenting can work and work well if each parent is committed to the joint parenting agreement. This means that both parents have to look past their differences and disagreements for the best interests of the child. Under a joint parenting arrangements, the parents agree that if they reach an impasse over an issue concerning the child, they will submit to dispute resolution or mediation before bringing the issues back into court. Take me back to the top of the page. Child Support & Visitation Typically, under either sole custody or joint custody, the non-residential parent is required to pay child support to the residential parent. The right to visitation and the right to child support are not connected. A custodial parent cannot deny the non-custodial parent visitation just because he or she is failing to pay their child support obligation. In fact, Illinois has made it a crime to unlawfully interfere with a parent’s visitation time. Likewise, a parent who is under a court-ordered obligation to pay child support cannot refuse to pay simply because the custodial parent refuses to allow visitation. Other remedies and means of enforcement exist in Illinois for parents who refuse to pay child support or refuse to comply with court-ordered visitation. The Illinois Marriage and Dissolution of Marriage Act, which is incorporated in the Parentage Act, sets forth guidelines for child support. Child support is designed as a way for a parent who does not have the child living with him or her to help financially support that child as though the parties had been married and pooling their incomes together to raise that child. Child support obligations are based on an obligor’s net income from all sources. As far as your paycheck is concerned, it is the income you earn after taxes, union dues and allowable deductions are taken. This does not include 401k contributions which you may have directly withheld from your paycheck. Below is a breakdown of the percentage of an obligor’s income that would be paid for child support based on the Illinois guidelines for child support: 1 child - 20% 2 children – 28% 3 children – 32% 4 children – 40% 5 children – 45% 6 children, or more – 50% Take me back to the top of the page.

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