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How does a DNA test work?
Determining a child's paternity may be necessary when matters of child support, child custody or adoption are involved, and DNA testing is used to examine DNA markers and look at the relationship between two people. When Illinois residents undergo DNA testing, samples from a mother, child and alleged father are taken. These tests have a 99 percent certainty rate or higher.
Upon conception, a child inherits unchanging genetic material from its mother and father. DNA testing compares the genetic characteristics of a child to a mother first and then a potential father, and a father must have the characteristics a child has that the mother does not. If a man and child share some of the same DNA, a laboratory calculates the likelihood that the man is a child's biological father.
Samples for DNA testing are usually collected with a mouth swab because a cheek swab is as accurate as blood testing but is painless and simple. When samples of a mother, father and child are involved, testing normally takes around three to four working days. The results of a DNA test are admissible in court, and laboratories that conduct DNA testing must be accredited by the American Association of Blood Banks. Scientists and lab technicians with experience in genetic testing conduct the tests, and labs must follow strict procedures when testing to ensure reliability, which makes the results admissible in court.
Determining spousal support in Illinois divorce cases
The state of Illinois has specific factors it takes into account when determining spousal support. These guidelines include the income and property of each party, the needs of each party and the realistic earning capacity of each party. When making a ruling, a judge will generally consider the amount of support needed to help the petitioning party maintain the same lifestyle enjoyed during the marriage.
A judge will take into account the age, physical condition and emotional condition of any party requesting support. For example, a higher level of support may be ordered for an older person or someone who is unable to work. Other factors that may be taken into consideration include whether there are any children that need to be cared for. In a divorce case, the needs of a child are usually considered paramount to those of the parents.
The court may also take into account any other factors it deems relevant. In an effort to help both parties adequately partake in the divorce process, one party may be required to pay some or all of the legal fees for the other party. Many of the same factors used to determine spousal support will be used to determine whether or not such a request is granted.
The child support modification process in Illinois
Some Illinois parents may be interested in information about requesting a modification to an existing child support order. These modifications could result in lower support payments when a non-custodial parent's financial circumstances change.
After child support is ordered by an administrative official or a judge, there is an opportunity to have that order reviewed under certain circumstances. These include a substantial change in the income of the person charged with paying the support, the elapsing of at least three years since the order was given or last modified, or if the original order did not address the child's health care coverage. The review can be requested by the custodial or non-custodial parent, a caretaker, the Division of Child Support Services or an equivalent agency in another state.
Once the modification request is made, both parents will be notified by the DCSS as to whether or not a review of the child support order is appropriate. If so, both parents will need to send proof of income, which the DCSS will use to recalculate the child support payments. The decision will then be mailed to both parents. If either parent objects, they may request either an administrative or judicial hearing or a reconsideration of the request. This request must be filed earlier than 30 days after the date on the notice sent by the DCSS.
What happens if a spouse refuses to pay child support?
In Illinois, the law provides potentially serious penalties and repercussions for failing to pay court-ordered child support. A child support order must be followed or else the person violating it may be subjected to a contempt proceeding. In addition to other penalties for contempt, people who fail to pay child support face other consequences.
The Illinois Marriage and Dissolution of Marriage Act makes a number of consequences available to a judge when a parent refuses to pay child support. A person who is found to be in contempt can be incarcerated for up to six months, although the court may grant jail leave during the day to go to work or to operate a self-employed business.
The court may order the delinquent parent's employer to pay the parent's earnings towards child support during the parent's imprisonment until further order of the court. Self-employed parents can be ordered to provide monthly financial statements to the court as well, and may possibly be ordered to search for other employment if the business's income is not sufficient. When a parentis more than 90 days delinquent, the court can also suspend the his or her driver's license. Finally, the parent may be criminally prosecuted for failing to pay child support in addition to the consequences of contempt.
Requirements to petition for child custody
Under Illinois law, a stepparent, grandparent or another person unrelated to the child can petition the court for custody of a child under certain conditions. The law requires that all conditions be met in order for a person who is not a biological parent to petition for custody. In all matters of child custody, the court examines what is in the best interests of the child.
Stepparents commonly petition for custody of their stepchildren if the biological parent dies, becomes disabled or is otherwise unable to care for the child. In order for a stepparent to be eligible for custody, they must have been married to the biological parent for at least five years while the child was alive. The stepparent must also have been part of the child's care for at least a portion of time before filing the petition.
Grandparents also commonly petition for custody of their grandchildren if a biological parent is deceased or incapacitated. A grandparent is anyone who is a parent or a stepparent of either of the biological parents. A grandparent's right to custody do not supersede that of the surviving biological parent, so certain conditions related to the surviving parent must be met.
Determining the issue of child custody
Illinois couples considering the idea of dissolving their marriage must think in a critical way about the vital issues that accompany divorce. These issues include property distribution, spousal support and, in the event that the couple produced offspring, child custody. Spouses and their respective advocates may try to negotiate these issues and come to a settlement that suits both parties' interests on their own. However, if and whenever divorcing couples cannot come to an agreement regarding vital issues such as child custody, a family court will make binding determinations for them.
When determining the parent with whom a child will reside, the courts are not to discriminate against either gender. Fathers and mothers alike can qualify for primary custody provided that there are no issues of abuse of child endangerment attributed to them. The court is to make determinations regarding child custody with the best interest of the child in mind.
Children live with parents who have physical custody. When one parent has primary physical custody, the other parent may have visitation rights as dictated in the divorce settlement. It is also possible for divorcing spouses to arrive at a joint custody arrangement, wherein each parent lives with the child for an equal amount of time. Because many joint custody arrangements are worked out through mediation, it is important for individual spouses to retain the counsel and representation of family law lawyer, who may ensure that the parent's rights and interests are advocated during negotiations.
Factors that determine spousal maintenance in Illinois
When a couple gets a divorce, one party may receive alimony from the other. Alimony is typically awarded to help one spouse maintain a previous standard of living until he or she is able to find work and support him or herself. There are a variety of factors that a court will take into consideration when determining how much alimony to award.
One of the main factors for spousal maintenance eligibility that the court will look at is whether the couple had children. In many cases, a custodial parent may receive alimony to help pay for the added expenses of caring for that child on a daily basis. Other factors include how long the marriage lasted, the earning disparity between the two parties and whether one spouse left the workforce during the marriage.
The age and the health of both parties will also be taken into account when granting an alimony award. Courts also look at the ability of an individual's ability to earn money or maintain the lifestyle that they were accustomed to during the marriage. While an older spouse who may not be able to work may be eligible for permanent alimony, not all orders are permanent. Some orders may be temporary or may be reviewed by a judge to determine if the order should be modified or terminated.
Illinois offers simplified divorce procedure
Illinois law provides for a simple divorce, called a joint simplified dissolution of marriage, for use under specific circumstances. Not all married couples will qualify for simplified dissolution; the law includes limitations regarding income, property owned, length of the marriage and reasons for divorce. If the parties do not meet all of the requirements, they will not qualify.
The joint simplified dissolution of marriage is designed for use in divorces that include only minimum complicating factors. The reason for the divorce must be irreconcilable differences, and the parties must have attempted to reconcile and determined that reconciliation is not in their best interests. The parties must have lived apart for a minimum of six months, and they must waive the 2-year separation requirement. The marriage cannot have lasted for more than eight years.
At least one of the spouses must have lived in the state of Illinois for a minimum of 90 days prior to making the divorce filing. The simplified dissolution is not available for couples that have children, either biological or adopted, and neither spouse may seek spousal support in connection with the divorce. The combined gross income of both parties must be under $35,000 per year, and the value of all marital property must be less than a total of $10,000.
How spousal support is determined in Illinois
When a married couple decides to divorce, the issue of spousal support, also known as alimony, may arise. This matter can be decided outside of a court, but if a couple cannot come to an agreement, it will be up to a judge to determine if spousal support is owed, how much will be paid and for how long.
Spousal support may be ordered in the form property, multiple payments or one lump sum. If it is determined that spousal support is owed, a judge will consider a variety of factors when determining how much to award.
These considerations include the income and assets of each individual as well as their financial needs and the quality of life that the couple was enjoying before the divorce. A judge will also look at the earning potential of each individual and any disabilities or issues that may prevent one person from being able to support himself or herself. Another consideration is if one individual provided assistance to the other in education or career opportunities or gave up their own career to take care of their family.
The impact of an Illinois minor’s opinion about child custody
Parents make important choices for their minor children like where to live, what medical treatment to have and what schools to attend. Children might not have the decisive power adults have, but kids do have opinions. Their desires concerning child custody and visitations matter to Illinois family courts.
Wheaton parents influence what children say, think and do. A child's opinion about custody arrangements may be swayed by which parent's rules are easier to follow or material benefits – a larger bedroom at mom's house or a later bedtime at dad's. Judges, who discuss custody with minors in the privacy of a judge's chambers outside parental influence, are aware of these factors.
A court or parent can request incorporation of a child's wishes into a custody decision. Ideally, a custody order is the careful examination of several elements leading to a judgment in the best interests of the child. Neither the desires of parents nor children are ignored.
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