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20 N. Wacker Dr., Ste 1010
Chicago, IL 60606
Phone: 312-897-2010
Fax: 847-637-5140

 

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333 Commerce Dr., Ste 900
Crystal Lake, IL 60014
Phone: 815-455-3000
Fax: 815-455-3049

 

Schaumburg Office

1990 Algonquin Rd., Ste 240
Schaumburg, IL 60173
Phone: 847-637-5140
Fax: 847-637-5140

Blog

Lawblog

Child Support Law Update

Child Support Law Update from our very own Mary D. Sump, Associate Attorney:

"The Illinois House and Senate passed House Bill 3982. If Governor Rauner signs this bill into law, Illinois courts will no longer use the “percentage of income” model to determine child support, but would instead use the “income sharing” model. The new law would provide more specificity than the current law, and it would take into account a parent’s additional expenses, working potential, and parenting time. It would go into effect on July 1, 2017. Stay tuned!

 

Visitation Rights for Family Members

In January 2016, the Illinois Marriage and Dissolution of Marriage Act was amended, and a new section was added that created the right of certain family members who are not parents to file a petition for visitation with a child.  This new section applies to grandparents, great-grandparents, siblings, and step-parents of a child. 

Petitions for visitation by non-parents can be brought by grandparents, great-grandparents, siblings, or step-parents only in cases where there has been an unreasonable denial of visitation by the child’s parent, and the denial has caused the child undue mental, physical, or emotional harm.  The judge will consider many factors in these cases, such as

Read more: Visitation Rights for Family Members

Significant Decision-Making Responsibilities is the New Custody

The new section 602.5 of the Illinois Marriage and Dissolution of Marriage Act states that “significant decision-making responsibilities” must be allocated to one or both parents.  This was referred to as “joint custody” or “sole custody” in the previous version of the IMDMA. The new section 602.5 is similar to the old one in that the court is to consider the child’s best interests when allocating decision-making responsibilities.  This statute section then lists fifteen specific best interest factors as well as a catchall of “any other factor that the court expressly finds to be relevant.”  Note that the court is not REQUIRED to allocate any decision-making responsibilities to a parent.  In other words, a parent is not guaranteed any decision-making responsibilities; he or she could walk away from a divorce with no significant decision-making responsibilities whatsoever.  

Section 602.5 sets forth four significant decision-making issues for parents and courts to address: 

Read more: Significant Decision-Making Responsibilities is the New Custody

A Safer Ride for School Children in Illinois

The Second District Appellate Court has ruled in favor of a mother who is seeking damages for the sexual assault of her daughter by her bus driver. Our own Associate Attorney Nathan Reyes was instrumental in securing this victory for families in Illinois.

The plaintiff in this lawsuit, Doe v. Sanchez, is the mother of a child who was inappropriately touched by her bus driver. The bus driver worked for a private company who was contracted by the child’s school district. The mother sued the bus driver and the bus driver’s company, alleging that the company was liable for the misconduct of its employee. The company filed a motion to dismiss the lawsuit, claiming that because it is not a common carrier it could not be responsible for an assault by one of its employees on a passenger. In Illinois, a “common carrier” is a transportation business or service that provides transportation to the entire public. A common carrier owes a high standard of care to its passengers, and the business or entity can be held liable for actions of its employees, including criminal acts.

The plaintiff argued that even though the bus company

Read more: A Safer Ride for School Children in Illinois

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