“Parenting time” is the term used to describe the time that a parent looks after his or her child. During a divorce or child custody case, the parents are encouraged to reach an agreement about how to divide parenting time. If the parents cannot agree, the court will make a determination based on the child’s best interests.

Illinois courts generally assume that it is best for children to spend time with both of their parents. However, when there are safety concerns, the court may order a parenting time restriction. Supervised visitation is one of the most well-known parenting time restrictions, but it is just one of many different restrictions the court may enforce.   

When is Restricted Parenting Time Appropriate?

Every child custody decision made by an Illinois court prioritizes one factor above all else: the child’s best interests. Parenting time may be restricted if the court finds that unrestricted parenting time would seriously jeopardize the child’s physical, mental, or moral health or development. The court will hold a hearing in which the parents can explain their reasons for or against parenting time restrictions. Often, a guardian ad litem provides professional insight about what is in the child’s best interests during the hearing.

In many family law cases, one of the most important issues that will need to be addressed is how parents will share the costs of raising their children. To ensure that children’s needs will be met, child support orders will usually be created as part of a divorce or child custody case. Children have the right to receive financial support from both parents, and child support orders will ensure that the parent who provides the majority of the child care will be able to cover various child-related expenses. By understanding how the laws in Illinois address these matters, parents can ensure that child support payments will be calculated correctly.

Calculating Child Support Obligations Based on Shared Income

Illinois law provides guidelines for how child support obligations will be calculated, and these instructions will usually be followed by family court judges. There may be some situations where a judge may choose to deviate from the guidelines based on extraordinary circumstances, such as when children have special needs that require parents to share the costs of medical care or other forms of treatment. However, the guidelines will apply in most cases, and the method used to calculate child support is as follows:

1. Each parent’s net income is determined by taking the gross income they earn and deducting allowable expenses, including taxes, spousal maintenance (alimony) payments, and child support for children from a previous relationship.

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Money and financial disagreements are common causes of marital discord. It is natural for these disagreements to carry over even once a divorce is inevitable. However, until the divorce decree is final, both spouses must refrain from frivolous spending that only benefits themselves and negatively impacts the joint marital assets that are to be equitably divided. You may have found out that your spouse bought an expensive new car or took a trip with the person they have been having an extramarital affair with. This type of wasteful spending is known as dissipation, and it can have repercussions during the divorce process.

Impact of Dissipation on a Divorce in Illinois

For wasteful spending to be considered dissipation, it must have occurred after the marriage has undergone an “irretrievable breakdown.” Illinois law limits claims to spending which occurred five years before the claim is made and three years from when the other spouse found out about the spending.

Dissipation occurs when money is used or spent in a way that only benefits one of the spouses. If it is a purchase that you disagree with but which is generally for the benefit of the family, it is unlikely to be ruled as dissipation of marital assets. Behaviors that can qualify as dissipation include:

During a divorce involving minor children, significant decisions always surround the division of rights and responsibilities of each of the parents in the children’s lives. Illinois law requires a comprehensive parenting plan during a divorce to clearly describe the detailed responsibilities of each parent. An experienced attorney can help you negotiate a parenting plan that serves your children's best interests while also meeting your needs.

Components of a Parenting Plan

Here are components that should be included in a parenting plan. While the first two are the most important, all parts of the plan are required by law and can help remove subjectivity over future decisions the parents may face.

• Parenting time schedule – This describes how the children’s time with each parent will be divided and the specific plan for days or weeks spent at each home.

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Any parent can tell you that having a child dramatically increases your monthly expenses. Housing costs, childcare expenses, tuition, and extracurricular fees are just some of the child-related expenses many parents contend with. It is even harder to cover these costs when you are a single parent. Consequently, financial assistance in the form of child support payments is a crucial necessity for unmarried and divorced parents. However, getting the child support you need can be difficult when the child’s father denies his biological relationship with the child.

What Happens if the Father Says He is Not the Father

Illinois law presumes that, if a woman gives birth, her husband is the baby’s father. However, there is no legal presumption of paternity if the mother is unmarried. Furthermore, relationships are complicated and marital infidelity does sometimes occur. Therefore, there are cases where a woman’s husband is not her child’s biological father. If you are unsure about who your child’s father is or your child’s father is denying his paternity, it is important to understand how this can impact child support.

You Must Establish Paternity to Receive Child Support

Some parents assume that an informal child support agreement will be adequate. Unfortunately, if you do not get an official child support order from the court, there is nothing that the court can do if the parent stops making child support payments.