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Understanding Recent Changes to Illinois’ Child Support Laws

A high-profile couple with two young children has finally decided to pull the plug on their marriage and get divorced. The wife decided to quit her high-paying job five years ago after conceiving their child through IVF. Now, she is requesting child support from her husband, who earns a high income at a brokerage firm in downtown Chicago. The wife is wondering whether she will qualify for child support payments from her husband. The husband contends that even though he works full-time, he spends more meaningful time with his children and should not be required to pay child support. So, who should pay?

The formula for calculating child support payments has been overhauled in Illinois, and it is now more in-line with other states. If you have questions about your potential child support obligations, an experienced Illinois divorce attorney can help.

Hard Percentages for Determining Child Support Have Been Eliminated

The formula for determining child support payments in Illinois has changed to be more in line with other states’ formulas. There is no longer a hard percentage used for calculating child support in Illinois. Instead, both parents must provide the court with information about their net incomes. Courts will also consider their parenting time to make child support decisions more fair to both parents.

How will these changes affect child support determinations? Some experts believe that these changes complicate child support matters. When both parents have a similar income, courts may order less child support. Additionally, it could create an incentive for parents to spend more one-on-one time with children. The changes reflect our modern society in which both parents work in many cases and both parents share parenting duties.

Why Did the Child Support Rules Change?

Before the laws changed, Illinois family courts would name one parent as the custodial parent and order the non-custodial parent to pay child support. Even if the non-custodial parent was seriously involved in parenting the child, they would need to pay child support based on their income. The more time they spend with the child, the less the parent may be required to pay for child support. When one parent has 40% of the child-rearing duties, like the father mentioned in the scenario above, why should he pay the other spouse child support? The new law seeks to avoid punishing a parent for spending less time parenting and make child support payments more fair.

Contact a Schaumburg Divorce Lawyer

Under the new law, child support determinations can become complicated. Determining parental involvement is a personal process unique to each case, and you need an experienced Nationally recognized family lawyer on your side. You may be interested in modifying your child support order in light of these changes. When you need an attorney, experience matters. We provide our clients with high-value legal representation in family law matters. Contact us today to learn how we can represent you.

New Policing Duties in Illinois

A Chicago police officer decides to arrest a driver for a DUI after pulling him over and conducting a breathalyzer test. The driver is a middle-aged man who becomes agitated when the officer says he is under arrest. The driver squirms out of the police officer’s hold and after a violent struggle ensues, then the driver takes the first steps toward running away. The police officer pulls out a weapon and shoots the driver, causing severe injuries. The driver files a lawsuit against the police officer, but there is no video footage of the incident.

The police officer claims that the driver was threatening his life and that the use of force was justified. Illinois has recently passed a new police reform law that will require all Illinois police officers to have body cameras no later than 2025. Officers must keep the body cameras on at all times with limited exceptions when they are engaged in police work. During these limited exceptions, anytime police officers believe someone has committed a crime or is in the process of committing a crime, they must turn the cameras back on and notify the suspect that they are being recorded. Other new policing duties include the following:

Limitations on Arresting Suspects in Illinois

The new Illinois law now requires police officers to be able to articulate that a suspect has committed an underlying criminal offense before arresting him or her for resisting arrest. Additionally, law enforcement officers, with some exceptions, cannot arrest suspects for class B and C misdemeanors. Instead, they must give the offender a ticket and notify them with a 21-day court hearing. Both of these new police regulations attempt to limit the arrests that occur in Chicago and, as a result, limit the amount of police brutality. The new law has also changed the requirement for using deadly force against a suspect. It will be harder for police officers to justify using deadly force under the new law.

More Police Accountability Measures are in Place

The new law also expands the definition of police misconduct. Police officers can be held liable if they fail to provide facts describing an incident or misrepresent facts during an investigation into a law enforcement employee’s conduct. Additionally, if one police officer knows about another police officer’s unlawful conduct and withholds that information in an inquiry they are in violation of the new law. Police officers cannot choose not to disobey Illinois’ new body camera requirements as they are phased in. All of these violations are considered serious Class 3 felony charges with penalties of two to five years in the Illinois Department of Corrections.

Contact a Cook County Criminal Lawyer Today

Are you a police officer accused of violating Illinois’ new police reform laws? If so, your freedom and future are on the line. When you need a lawyer, experience matters. At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many police officers in high-profile state and federal criminal cases. You can see defense attorney Thomas Glasgow on local Chicago news when he fought to get a former police officer’s conviction vacated. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.

Three Factors to Consider Before Divorce in Illinois

A couple has spent over 15 years building up their bakery business. Over the past year, they have decided that it is time to end their marriage. They are frequently arguing, and their conflict has taken a toll on their personal and professional lives. It is time for them to move on and begin their new lives as single adults through a divorce. Now they are wondering how to protect themselves financially as they prepare to file for a divorce. There are three factors you will need to consider before you file for divorce in Illinois.

Do Not Forget Your Debt

Focusing on how you will divide your assets is important. However, many people forget to consider that they will need to divide all of their marital debts, as well. Marital debts include any obligations or debts that either spouse undertook during the marriage. You will need to negotiate with your spouse regarding who will take on which debts after you are divorced. You could be on the hook for the marital debt after getting divorced if your ex-spouse stops paying, even if the judge told him or her to pay the debt. Try to protect yourself by not taking on any more debt.

Consider Your Type of Assets

Dividing your marital assets is often one of the most contentious aspects of getting a divorce. Illinois judges will likely not split your marital assets 50/50. Instead, they will engage in equitable distribution. The distribution will be fair but not equal. It is challenging to convert certain types of property into cash or liquid assets. For example, if you want to keep your family home, you will likely need to be prepared to give up other assets of a similar value, such as money in a retirement or investment account.

Consider How You Will Interact With Your Spouse

Before you file for divorce, consider how you will interact with your spouse. Divorce can be one of the most challenging processes in a person’s life. The costs of getting a divorce in Illinois can be high and create other life challenges. Will you and your spouse be able to negotiate a divorce settlement with the help of your attorney? If you commit to cooperating with your ex-spouse as much as possible, you could save yourself money and time. Make a list of your main goals for the divorce process and consider what you may be able to negotiate or give up before you even begin.

Consult With an Illinois Divorce Attorney

If you are considering a divorce in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. We do not provide a free consultation because we view your initial consultation as the most important meeting you will have regarding your divorce. Contact us today to learn how we can represent you.