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Will County family law attorneysOn July 1, 2017, Illinois’ child support laws changed. Now, instead of calculating support using a percentage model, the courts and the Department of Health and Family Services will use an income shares model. Parenting time, or the amount of time that a paying parent spends with their child can also have an impact on a supporting parent’s child support obligation. How might these changes affect your current situation (if at all), and where can you find assistance with your child support modification case? The following explains.

An Overview of the Changes

Prior to the changes, child support was calculated using hard percentages and figures were based on the number of shared children and the income of the paying parent. Now, child support laws calculate the income of both parents before determining the amount of support that should be paid. Paying parents that have their children for at least 146 nights out of the year also have an additional credit, which may reduce their overall child support obligation.

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Will County family law attorneysAlthough many couples would much rather end their marriage and go their separate ways in life, there are others that may not be quite so certain. Alternatively, there may be extenuating circumstances, such as religion or domestic violence, that can either rule out or complicate the traditional divorce process. Is legal separation a viable alternative in these situations, or is it simply a waste of time and money? The following explores this question further, and it provides you with some details on where to find assistance with your decision.

Separation versus Divorce

Some think that separation is like divorce. Others assume that it is the first step to divorce. Both beliefs are incorrect. Unlike divorce, separation does not break the marital bond. The couple remains married, so neither party can remarry without a full, legal divorce. Separated spouses can pursue alimony and child support, however, and they can seek a determination on the allocation of parental responsibilities and parenting time for any shared children.

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Will County family law attorneysIf the health, safety, or well-being of a child is in question, the court may opt to either suspend or restrict parenting time of a parent. Alternatively, the court may order supervised visitations. In either case, it is the concerned parent that carries the burden of proof. Sadly, far too many are not prepared, and their children continue to face danger for longer than necessary. Learn more about how to protect your child with help from the following information.

A Concerned Parent's Burden of Proof 

Parenting time in Illinois is protected, not for the sake of the parent, but for the sake of the child. In short, it indicates that a child has the right to emotional and financial support from each parent. So, under the eyes of the law, the restriction, suspension, or order of supervised parenting time is an infringement upon the child’s rights; it is from this angle that parents can understand why a preponderance of evidence is needed to limit or restrict parenting time.

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