Tag Archive for: family law attorney

How to Handle Out of State Child Support Cases in Illinois

The purpose of a child support order is to help ensure children receive the care they need. But what happens when one parent is ordered to pay child support out of state? Or even outside of the United States?

In Illinois, there are specific laws and procedures in place to handle out-of-state child support cases. This includes those involving international borders and the Hague Convention. Here’s what you need to know about handling out of state child support cases in Illinois.

What is Child Support?

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) provides a framework for child support cases when parents live in different states. Illinois, like most other states, has adopted UIFSA. This means that if the non-custodial parent lives in another state, Illinois can still enforce the child support order.

Under UIFSA, the state where the child resides has jurisdiction over the case. The state where the non-custodial parent lives must follow the laws of the state where the child resides. If you are facing child support issues across state lines, it is crucial to work with a family law attorney who can navigate the complexities of UIFSA and help you achieve a favorable outcome.

Seeking Assistance from the Illinois Child Support Services (CSS)

In the event that the non-custodial parent lives out of state, but you have a child support order in Illinois, the Department of Illinois Child Support Services (DCSS) can provide assistance. DCSS offers the following services to help you:

  • Enforcing the child support order across state lines
  • Modifying the child support order if necessary
  • Establishing paternity
  • Locating the non-custodial parent

DCSS can also work with the federal government to enforce child support orders across international borders. However, it’s important to note that DCSS is not able to provide legal advice and cannot help with the following:

  • Obtaining a divorce or property settlement
  • Modifying a custody or visitation order
  • Obtaining an order for college expenses.

Enforcing Child Support Orders Across International Borders

Illinois can enforce a child support order even if the non-custodial parent lives in another country. OCSE is the U.S. Central Authority for international child support. They work with states and countries to provide assistance to families seeking support when family members live in different countries.

U.S. states process cases with certain countries under different types of reciprocity arrangements, including:

  • Hague Convention countries — countries that have joined the Hague Child Support Convention, and
  • Foreign reciprocating countries (FRCs) — countries and Canadian provinces/territories that have bilateral arrangements with the U.S. government and have not joined the Hague Convention.

Since 2017, the U.S. has participated in an international agreement to streamline child support arrangements around the world, and collecting support from parents who move overseas is now possible in many countries. The purpose of the Hague Convention is to protect children from the harmful effects of international abduction by a parent by encouraging the quick return of the child to their country of habitual residence. Additionally it helps to organize and secure the effective rights of access to a child. Over 80 countries, including the United States are members of the Convention.

According to the Hague Convention, Illinois has the authority to request that the country where the non-custodial parent resides enforces the child support order. As long as the child support order is recognized in that country’s legal system, the country is obligated to comply with the request.

If you are dealing with child support issues across national or international borders, it is essential to work with a knowledgeable family law attorney. Law firms with extensive experience in cases involving international disputes can guide you through the complexities of the Hague Convention and help you protect the best interests of your child.

Working with a Hague Convention Lawyer

When faced with desperate situations, some parents may resort to non-legal means of retrieving their child, such as traveling to the foreign country themselves. However, it’s important to understand that such extra-judicial methods can breach both U.S. federal laws and foreign country laws, and may even make the situation worse.

To ensure the safety and well-being of everyone involved, it’s recommended to hire a Hague Convention lawyer. Masters Law Group can provide expert guidance and support throughout the Hague process to ensure the best possible outcome for all parties concerned.

To read some of our Featured Hague Decisions, see below:

About Masters Law Group

Erin Masters and Anthony Joseph have extensive experience in child support cases involving national and international disputes in both courts located in the State of Illinois and the United States federal court system.

Don’t navigate international law issues alone, trust the knowledge of the attorneys at Masters Law Group. We are passionate advocates for our clients and we work tirelessly to achieve a favorable outcomes for you and your child/children.

To schedule a consultation with one of our attorneys, contact us here today.

What to do if Your Ex Won’t Return Child After Half Term

Half Term, Thanksgiving, Hanukkah, Christmas… the last quarter of the year is packed full of family fun. However, if you are separated or divorced, sharing a child during the holidays is not easy, especially if your ex refuses to obey your parenting or custody agreement.

Half term school break is right around the corner, and for many parents, this is an exciting time to spend some quality time with your child. However, ask many divorced parents about child visitation rights, and you’re likely to hear some discontent about the situation. Especially when a parent ignores an established holiday exchange schedule.

When a parent violates a court-ordered or agreed-upon parenting plan, they run the risk of being held in contempt of court. A parent refusing to bring a child back to the custodial parent after a visit is also known as Parental Child Abduction which requires fast, legal action.

Parenting Plans 101

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate.

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time
  • An airtight Holiday schedule

The final parenting plan will always be aligned with what’s in the best interests of the child.

Important Factors of a Parenting Plan in Illinois

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years.

Parenting Plans for Holidays, Vacations & School Breaks in Illinois

Splitting up holidays, vacation time, and school breaks can be challenging, but there are ways to make it work for everyone involved.

For many parents, it makes sense to take an odd/even approach to the holiday season. For example, one parent could have the child/children for Thanksgiving on odd years, but Christmas for even years. The other parent would have the children for Thanksgiving on odd years and Christmas on even years. An an alternative choice by parents during the holidays is a fixed holiday schedule. This takes a more simple approach of assigning a certain holiday, every year, to a certain parent. While this could cause some form of conflict for those to want to alternate the holidays, it works well for separated couples with different religions.

At any point, one parent may need to modify a parenting plan. A parenting plan can only be modified by the court. Take caution with any out-of-court arrangements because they are not enforceable.

Parenting Plan Violations

Either your ex isn’t complying with the schedule or maybe there are more serious issues where you’re worried about your child’s safety; If you are concerned about the upcoming holidays and whether your ex will stick to the plan, you can and should probably take legal action.

According to 750 ILCS 5/607.5, if one parent violates the parenting plan, the other parent can bring an action to enforce the parenting plan. If the court finds that a violation has occurred, it can order:

  • additional terms and conditions
  • require participation in a parental education program
  • require family or individual counseling
  • require parent-in-violation to post a Chas bond that can be forfeited for payment of expenses
  • require parenting time to be made up
  • find the non-compliant parent in contempt of court
  • impose civil fines
  • require a non-compliant parent to reimburse reasonable expenses to the compliant parent
  • require any other measure so long as it is in the best interests of the child.

What to do if Your Ex Won’t Return Your Child

If your ex isn’t sticking to the parenting plan, have your attorney send a letter to your ex. This is often the first step towards getting your ex to follow child custody orders. Your attorney can write up a forceful letter that informs the other parent that they must obey the court order or be prepared to face serious legal penalties. Sometimes this is all that it takes to wake up a parent and get them to follow the child custody order.

Illinois’ new parenting time law (750 ILCS 5/607.5(a)) requires the court to handle parenting time abuse cases on an “expedited basis.”  In the old days it could take six months to get parenting time violations addressed.  Now, thanks to the new law, I often can get a remedy in a few days or weeks.

However, keeping a child late on a visitation in Illinois is technically a crime. If you suspect that the other parent has taken your child and doesn’t intend to return (known as a parental child abduction), contact the police. If the other parent takes your child across state lines or out of the country, local police will work alongside federal law enforcement, such as the FBI, to ensure the return of your child.

Experienced Parental Child Abduction Attorneys – Masters Law Group

Above all, your actions should be taken in the best interests of your child.

An experienced attorney can help you navigate the court system in this emotional situation, and make sure that you get in front of a judge as soon as possible. At Masters Law Group, we focus exclusively on Family Law, with a particular emphasis on International Child Abduction and cross-border custody issues pursuant to the Hague Convention of 1980 and the UCCJEA. What’s more, our attorneys are also court-appointed Child Representatives and have experience advocating for children in these high-conflict matters.

If you’re dealing with custody or visitation interference, or have related concerns about parental child abduction, contact us here today. We understand that above all, any actions taken should always be in the best interests of your child.

Child Relocation Laws in Illinois

Whether it be for a new career, a remarriage or even the desire to get to a specific school district, moving a child’s primary residence has serious legal complications if not carried out properly. 

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. Disputes regarding child custody (parenting time), child support or even where the child will live can easily arise between parents. Even if these specific issues have been resolved by an Illinois court order, other problems can arise quickly. Here’s a look at the Child Relocation Laws in Illinois and how Masters Law Group can help.

Parental Responsibilities in Illinois

With today’s economy, many parents are discovering that they need to move great distances in order to find work – sometimes across state lines. Before a parent can remove a child from Illinois they must seek approval from the court, even if they are the primary parent.

Currently under Illinois Law, a child is governed by Section 609.2 of the IMDMA (Illinois Marriage and Dissolution of Marriage Act). This IMDMA indicates when a parent is looking to move with their child or children, they must seek court approval, since a parent’s relocation is a substantial change for the child. 

If you move out of state, and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case, or you might have to return your child to Illinois. You can move with your child if there is no court case involving your child and:

  • You and the other parent are married or are in a civil union
  • You are the natural mother and the child has lived with you for more than 6 months

Relocation Inside and Outside of Illinois

There are a couple things to note when you’re considering relocating. Relocating in terms of Child Relocation Law, means to move more than 25-50 miles away from the child’s original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or if the new home is out of state. 

After you ask the court for permission to relocate, you’ll have a hearing where the court will decide if relocating is in the child’s best interests. The court is going to look at many things, primarily the quality of each parent’s relationship with the child, to the reason why the parents would be relocating. Here are a couple other things the court will consider:

  • Educational opportunities available in each location
  • The arrangements for parental responsibilities
  • Impact on the child, and the wishes of the child

If you are relocating with your child, you must follow these steps. 

  • File a Notice of Relocation, and give a copy to the other parent at least 60 days before your planned relocation. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. 
  • The court will also change your current parenting plan or parental responsibilities order to allow the move. 
  • If the other parent doesn’t agree or doesn’t sign the notice, then you must ask the court for permission to relocate. You would then file a Petition to Relocate.

Summary

It is important to keep your current parenting plan or parental responsibilities up to date so if you do look to relocate, the process of following said steps above are made easier for you and your loved ones. It can unfortunately become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with Child Relocation Law.

Hiring Child Relocation Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.

Can Your Ex-Spouse Just Move Away with The Kids?

Is your ex-spouse trying to move away with your children? One of the most difficult parts of a divorce is seeing your children less, and if your spouse moves away, it could make that even more difficult. Luckily, with the help of a Chicago family and divorce law firm, we can help prevent this from happening. 

Here are some factors that could affect the outcome if your ex-spouse wants to move your children away.

The custody arrangement

Now called Parenting Time, the child custody arrangement will affect whether or not your ex can move with your children. If you have partial custody, it’s unlikely that they can legally move far away. If you don’t have partial custody, and only have regular visits, there’s still a good chance the courts will not allow them to.

What is the distance of the move?

In several states, there is a specified range in which an ex-spouse can move with your children without at least giving notice. Typically, it must be within 50-100 miles.

Did they give formal notice?

Oftentimes, your ex-spouse must give a formal notice prior to moving. It should be in the form of a legal document and should include the destination, why they’re moving and a visitation plan. It should also be given at least 60 days before the move date.

Relocation trial

You have 30 days to object to the move when your ex-spouse proposes it, which will then result in a relocation trial. In most states, the courts treat staying in the same location as the norm, so your ex’s lawyers will have to be the ones arguing for the move. They will have to prove that the relocation is in your childrens’ best interests. There aren’t specific rules for these situations, so judges generally make different decisions case by case. The primary factors looked at by the courts include:

  • Custody arrangements
  • The distance of the move
  • The motivation of both parties
  • What is in the childrens’ best interest

Getting Professional Advice from Masters Law Group

At Masters Law Group, we specialize in all family law related matters and focus on helping clients assert their rights to further the best interest of their children.

We offer a wide range of services tailored to our clients’ unique legal needs and have a depth of knowledge, experience and talent in the Family Law and Divorce field.

If your ex-spouse is proposing to move away with your kids, we can help. Contact us to schedule your consultation here today. 

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PARENTING TIME SERVICES WITH MASTERS LAW-GROUP

Whether to hire a lawyer or navigate child custody solo is one of the first considerations for parents who are petitioning the court for child custody.

Parenting Time of your child is a very emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.

Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Learn more and set up a consultation with us here today.

Illinois Child Custody Basics: Allocation of Parental Responsibilities

Legally speaking, the term “child custody” is now called “parental responsibilities“. This includes parenting time and decision-making power. If you live in Illinois and are engaged in a custody battle for your child, you should know the basic rules and be able identify specific factors that courts consider in making custody decisions.

In a divorce proceeding, determining who will have residential custody of a child can be the most emotionally difficult part of the entire process. If you are a parent who is considering ending your marriage, you probably have concerns about how you and your ex-spouse will share responsibility of your child/children. Some couples are able to come to a custody agreement between themselves, however for many, couples require legal and court intervention.

FACTS ABOUT ALLOCATION OF PARENTAL RESPONSIBILITIES AND GUARDIANSHIP

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to joint parent.

ILLINOIS-SPECIFIC LAWS

Illinois law encourages the “maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional wellbeing of their child.” However, if the parents appear unable to agree on decisions about the major aspects of a child’s upbringing, the court is must decide how to allocate each of these responsibilities.

Illinois allocation of parental responsibility laws stipulate that children 14 and older may choose which parent to live with, but the judge may overrule this decision if he or she determines the child’s decision is not in his or her best interests. A parenting plan generally recognizes the following:

  • The continuity of the parent-child relationship typically is in the child’s best interest.
  • The needs of children change and grow as they mature.
  • Custodial parents make daily decisions (including emergencies) while child is with that particular parent.
  • Both parents are to have access to a child’s official records

Parenting responsibility plans also identify how children spend birthdays and other holidays (plus iron out details such as transportation arrangements, when supervision is required and other considerations.)

The newest changes made to Illinois child custody law were made back in 2016.  Highlights of those changes include:

  • As mentioned above, “custody” and “visitation” have been replaced with “allocation of parenting time and responsibilities” to describe when each parent is responsible for the child and what those responsibilities entail during that time.
  • The terms “joint decision-making” and “sole decision-making” have been added to describe whether one or both parents must make decisions about education, religion, medical care and extra-curricular activities.
  • A court order is required for the custodial parent to move more than 25 miles from their current location if they live in the Chicago metropolitan area.  If the residence is outside of the metropolitan area, a court order is required for a move greater than 50 miles.

GETTING STARTED

Beginning the allocation of parental responsibilities process can vary from county to county, but in general, this the steps to follow include:

  1. Familiarize yourself with your county’s rules. Consider seeking legal representation.
  2. File a petition. The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption.
  3. Notify the other parent you are asking for a certain amount of parental responsibilities. To do this, you must serve them a “summons” along with the filed petition. The server may be a sheriff’s deputy, a private process server, a private investigator or — with permission from the court — an adult with no relation to the case.
  4. Wait to hear from the other parent. The other parent has 30 days to respond.  If the parent does not respond, ask the court for a default judgment.
  5. File a parenting plan. Each parent has 120 days from the initial filing to submit a proposed parenting plan. These plans help the judge make custody decisions.

Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

If you are in the midst of a dispute regarding the allocation of parental responsibilities, contact our experienced attorneys here today.

5 Reasons to Hire a Family Law Attorney

While Illinois has no law requiring you hire a family law attorney in a family law case, there are good reasons why working with an experienced professional is in your best interest. 

Divorce, divorce mediation, child custody, parental responsibilities, domestic abuse. These (and more) are all daunting cases for any individual having to face them, especially because these sensitive subjects of law involves loved ones. To manage emotions and avoid a complicated legal process, hiring an experienced family law attorney could be extremely advantageous.

Here are five reasons to work with a legal professional in your Illinois family law case.

Objectivity

As an “outsider”, a family law attorney can be much more objective about your case than yourself, and/or family and friends. Especially when experiencing a highly complex issue and emotions are running high. Having a family law attorney in your corner means that you have a professional who can offer objective, fact- and experience-based advice regarding your divorce. A family law attorney can help you avoid going for a quick resolution that leaves you at a long-term financial or parenting disadvantage.

Legal Protection

From bullying-tactics, “I’m taking everything from you.” to unlawful threats “You’ll never see the kids again.” – It’s hard for anyone to know the legalities behind battling a family law case when they’re experiencing it for the first time. An experienced attorney however, is well aware of the law and experienced in outcomes of similar cases.

In addition, for cases involving domestic abuse, you can have an attorney help you observe the precautions you need to follow to keep you and your children safe, such as orders of protection.

Family Law and Legal Proceedings Knowledge

There’s a lot of red tape and substantial paperwork when it comes to family law proceedings. And that’s before it goes to trial. This alone can be especially overwhelming if you’re trying to go it alone. If you haven’t prepared the correct paperwork, the judge could exclude any – or all – of the paper work presented to him/her. By hiring a family law attorney, you can rest assured the correct paperwork is submitted at the correct time. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a trial becomes necessary, a family law attorney can avidly represent you in court and work toward achieving the best possible jury verdict in your favor. Experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the room, and will know exactly how to handle any particular situation that arises during the pendency of a family law case. This will keep the judge happy and the proceedings running smoothly and efficiently.

Peace of Mind

Ultimately, one of the best benefits of hiring a family law attorney to represent your interests in a case is the fact that you will be able to trust your legal issues are being duly dealt with. Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional.

Legal issues around family law are incredibly emotional and time consuming, and your attorney will take a great deal of stress off your plate. Your attorney will also provide peace of mind by reassuring you that your case is in experienced, capable hands.

Family Law with Masters Law Group

If you are facing a family law issue, contact the family law attorneys at Masters Law Group. Located in Chicago, Illinois, the firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

We offer a wide range of services tailored to our clients’ unique legal needs. Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to view our practice areas. And click here to set up a consultation today.