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MEDIATION SERVICES FOR NEVER MARRIED PARENTS

PROVIDING BALANCE IN THE LIVES OF OUR CHILDREN

ILLINOIS LAWS

 

THEN (prior)

 

NOW (current)

 

Terminology Changes

 

Visitation

Visitation Order

Custody

Removal (changing child’s permanent place of residence)

Custodial Parent

Non-Custodial Parent

Parenting Time

Parenting Plan

Allocation of Parental Responsibilities

Relocation (changing child’s permanent place of residence)

Obligee or Parent

Obligor or Parent

 

Parentage Act

 

Parentage Act of 1984

Parentage Act of 2015

 

Voluntary Acknowledgment of Paternity (VAP)

 

Effective upon signing and witnessing

 

Creates a presumption of paternity

 

Must be signed on or after the birth of a child

 

Effective upon signing, witnessing and filing with and approval by the Illinois Department of Healthcare and Family Services

Equivalent to a judgment of paternity

May be signed prior to the birth of a child

 

Right to Cancel VAP

 

Effective upon signing, witnessing and Filing with the Illinois Department of Healthcare and Family Services within 60 days of signing the VAP or Denial of Paternity

Effective upon signing, witnessing and filing with the Illinois Department of Healthcare and Family Services within 60 days of the filing of the VAP or Denial of Paternity

 

Denial of Paternity

 

Effective upon signing and witnessing

Effective upon signing, witnessing and filing with and approval by the Illinois Department of Healthcare and Family Services

 

Illinois Marriage and Dissolution of Marriage Act

 - Child Support Guidelines –

 

Percentage of Income Guidelines based on:

       • Non‐custodial parent’s income

 

Income Shares Guidelines based on:

• both parent’s income (civil unions are recognized)

• the prorated share for each parent of the combined income, and

• the child’s physical care arrangements (parenting time; shared parenting; split care).

• Other factors may include, but not be limited to, extracurricular activities and school expenses; childcare; and health care.

There is a Basic Chart and Worksheet provided by the Illinois Department of Healthcare and Family Services.

The Basic Chart computes net income by deducting the standardized tax amount from gross income.

The Worksheet is used for calculating child support utilizing each parent’s income and physical childcare arrangements such as parenting time.

If a parent is unemployed or underemployed, child support shall be calculated based on a determination of potential income.

 

Health Care for Child

 

Primarily required the non‐custodial parent to provide insurance for the child.

 

Either or both parents may be required to provide insurance or cash medical for the child.

Health cost may not exceed 5% of providing parent’s gross income

 

Court ordered mediation services, and the development of parenting plans are provided at no cost to never married parents under Access and Visitation Programs located in Cook, DuPage, Lake, Peoria, Tazewell and St. Clair Counties. The United States Department of Health and Human Services, Administration for Children and Families provides grants via The Access and Visitation Program to States to establish and administer programs to support and facilitate parents’ access to and visitation of their children. These services in Illinois are administered by the Illinois Department of Healthcare and Family Services, Child Support Services

Illinois Laws… Changed to provide a greater degree of fairness in the areas of paternity and child support. This pamphlet is intended to provide a summary of the major changes in these areas.

For general information concerning Illinois’ child support services go to www.childsupport.illinois.gov or call Child Support Customer Service Call Center 1 800 447 4278.

 

HFS 1755 (N-1-17)