Family Law Attorneys in Rockford IL You Can Trust
At Crosby & Crosby, we understand that life can often develop and unfold in unexpected ways, and when that happens, we want to be there with legal services to help you in every way related to family law.
Children’s Issues in Family Law
Family law cases do not always involve children, but when they do, the questions related to the children, such as custody and visitation, are always given first priority. It is absolutely essential that children are safe and their best interests are being protected.
In Illinois, judges presiding in family law matters make every effort to protect the welfare of children. Whether the case before them is a divorce, a non-marital relationship that led to the birth of children, or the adoption of a child or children, their standard and first consideration is always “what is best for the children.”
In addition to this standard, judges also consider the following parenting factors:
- Education of the children
- Living conditions
- Past care of the children
- Financial stability of each parent
- Health care of the children and which parent is better qualified to provide it
- Possible endangerment by either parent
- Social activities of the children and which parent is better qualified to support those activities
All these considerations will be used by judges in determining which parent will have the right to make major decisions for the children. This decision-making power is often shared by both parents, but there are situations in which the judge will award this authority to only one parent.
Child Support and Expenses
The determination of child support is determined by a calculation based on Illinois law. The calculation considers the income of both parents, as well as who provides health insurance for the child and how many overnight stays the child has with each parent.
It is also essential to remember that each parent has an obligation to help meet expenses over and beyond child support. These include, among others, school enrollment expenses, extra-curricular activities, and health expenses not covered by insurance.
Property Issues in Family Law
Whether there are children or not, money and the distribution of property will always be an issue in the dissolution of a marriage. And contrary to what you may have heard from other sources, during divorce proceedings, all property involved, including real estate, will be known to both parties.
This generalization also applies to the division of property in non-marital cases. All income and assets will be known to both parties involved in the settlement. The main difference between a marital and a non-marital situation is that in the latter case, if there are children, income and assets will be evaluated for purposes of determining child support.
This evaluation will lead to the issuance of a court order designating which parent will be responsible for the children’s expenses. As a general rule, responsibility will be shared by both parents.
Whatever the specific circumstances of a case, you can be assured that during what is referred to as discovery (the phase of a lawsuit during which each party can ask for full disclosure from the opposing party), the attorneys at Crosby & Crosby will leave no stone unturned gathering all pertinent information.
