In Illinois the law under which child support is established is 750 ILCS 5/505.  It applies to children of married parents (pursuant to the Illinois Marriage and Dissolution of Marriage Act) as well as to children of parents who never married (ie:  parentage cases pursuant to the Illinois Parentage Act of 1984).  In both circumstances the Court is entitled to set child support based on a percentage of the non-custodial parent’s net income.  The Court has the ability to award child support retroactive to the date the requestContinue reading

What Is An Uncontested divorce?

If you aren’t sure what people mean when they talk about an uncontested divorce, just know that it means the divorcees are able to come to a mutual agreement on the main aspects of the separation without going to court. This is an attractive option to many divorcees because of two main reasons. Firstly, both parties can facilitate their divorce without the courts becoming involved. Because they are in agreement with their choices, there is no need for a judge. Secondly, they become legally separated after a certainContinue reading

Are lump sum child support buy-outs allowed in Illinois paternity cases?

LUMP SUM CHILD SUPPORT BUY-OUTS IN ILLINOIS PATERNITY CASES ILLINOIS PARENTAGE ACT OF 1984 (as amended) Back in the late 1990’s the unmarried parents of a child reached an agreement for the father to pay the mother a lump sum of $50,000 for current and future child support including medical expenses, college expenses, extracurricular activity fees and all other financial responsibility.  They further agreed that the Father would not have visitation with the child.  To formalize their agreement, the filed an action to establish his parentage of theContinue reading