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2016 is bringing with it many important changes to the Illinois Marriage and Dissolution of Marriage Act. We have been highlighting some of those changes in our previous blogs. These important changes can be difficult to understand and confusing - especially to our clients who are used to the now "old" terminology of, for example "joint" and "sole" custody - that doesn't exist anymore. But that's why we are here. If you have any questions regarding any of the new changes, call us. We will be more than happy to go over those changes with you.
Many people worry about what to do if they are ever pulled over and suspected of driving under the influence. Whether you have had a few drinks or not, it is important to know what you have to do during a DUI stop and what you can refuse. Some DUI investigations are initiated because the officer suspects that the driver is driving under the influence. But others begin as a normal traffic stop, initiated for a minor traffic violation. Those ordinary traffic stops can quickly turn into a DUI investigation because of the time of day or night, the location of the stop, the smell of alcohol, or because of various other factors. Some officers simply presume that if you are driving past 11:00 p.m. or 12:00 a.m., particularly on a weekend, that you must have consumed alcohol prior to driving.
Yet another revision to the Illinois Marriage and Dissolution of Marriage Act taking effect on January 1, 2016 is related to custody and visitation. Starting in 2016, within 120 days of the service or filing of a petition for allocation of parental responsibilities, both parents have to either file a joint proposed parenting plan or, if they are unable to agree, then each parent has to file their own plan with the court. The 120 days to file the parenting plan can be extended by the Court if good cause is shown and accepted by the Court.
Yet another change to the Illinois Marriage and Dissolution of Marriage Act taking effect on January 1, 2016 is with regards the definition of what constitutes "net income" for purposes of child support calculation. Starting on January 1, 2016 obligors paying child support will be able to deduct student loan payments that they are making. This is a big and an important change for both parents as student loan payments can, and often are, significant. In addition to that change in the definition of "net income", we are also expecting additional changes later next year.
Additional changes to the Illinois Marriage and Dissolution of Marriage Act that will become effective on January 1, 2016 is that Illinois will now only recognize one ground for dissolution of marriage: irreconcilable differences. Illinois courts will no longer proceed under any of the other divorce grounds, such as mental cruelty or adultery. It is enough to show that irreconcilable differences caused the irretrievable breakdown of the marriage. Additionally, the six month, or if the parties did not agree the two year, separation period has also been eliminated.
Another change coming to the Illinois Marriage and Dissolution of Marriage Act centers around removal of a minor child. Current restrictions are imposed only on a custodial parent seeking to remove the permanent residence of a minor child out of the State of Illinois. However, as of January 1, 2016, parties seeking to remove the residence of their minor child(ren) will need permission from the court (or an agreement from their former partner) to move more than 25 miles from their current residence if residing in DuPage, Kane, Lake, McHenry, and Will Counties, or more than 50 miles from their current residence if residing in any other county in Illinois.
Since there will no longer be a "residential parent," these new relocation provisions apply to the parent who has been allocated a majority of parenting time or equal parenting time. One benefit to this revision is that a parent who lives close to the border of a neighboring state will no longer have to obtain court approval to remove their child's permanent residence to the neighboring state if the new residence is within the 25 or 50 mile radius.
New changes to the Illinois Marriage and Dissolution of Marriage Act are going to take effect on January 1, 2016. One of the main changes will have to do with custody and visitation of minor children. No longer will courts use "joint" or "sole custody". Instead, the Court will allocate what is going to be called "parental responsibilities." Parents will also no longer have "visitation" with their children. Rather, they will have "parenting time".
With regards to "parental responsibilities" for things such as decisions relating to religion, education or health, one parent will either be solely responsible for making those decisions for the children, or the court can assign (or the parties agree) to have these be divided between both parties. When making the decision as to the division of parental responsibilities, the Court will still look at the best interests of the minor child.
To find out more about custody changes taking effect on January 2016, call our office for a free 30 minute consultation.
If you are following a visitation schedule that is different from the one set forth in your Custody Judgment, it is important to enter a Court Order that reflects the actual schedule you are following. This can be done by agreement if you and your former spouse acknowledge and agree to continue following this modified schedule. It can also be accomplished by filing a Petition to Modify Visitation, wherein you can ask the Judge to enter a Court Order reflecting the modified schedule you have been following, if there is no agreement to do so.
It is imperative to formally modify your visitation schedule by Court Order. For example, should your former spouse choose to suddenly discontinue following your increased parenting time, without a court order, you will not be able to enforce the schedule you have been actually following and may end up seeing your children much less than you, and they, are used to. This also holds true if your former spouse was exercising much less visitation than what is set forth in the Custody Judgment. You will be stuck following the schedule contained within your Custody Judgment should your ex-spouse suddenly demand the increased visitation. Depending on your circumstances, your children may not be comfortable with this sudden change. If you wait to file a petition until your former spouse suddenly decides to revert back to the Custody Judgment, you may not be able to get any relief in court on a Petition to Modify for 45-60 days (or sometimes longer), during which time you and your children will be stuck following a schedule no one is used to.
If you have been separated from your spouse and have lost touch with him or her and don't know where they live, you can still get divorced. You will have to prove that you are unable to find your spouse - whether on your own or through mutual friends or family, and complete a publication process that will have to be provided to the judge. You will not be able to have the judge decide issues related to, for example custody or support, but you will be able to get a divorce. The Court will then retain jurisdiction over the remaining issues.
The legalization of same-sex marriage throughout the country may affect certain rights and benefits that unmarried same-sex couples have gained over the last few years in the workplace. Will your employer still offer the same domestic partner benefits to you as an unmarried same-sex couple now that same-sex marriage is legal? Will doing so create issues for employers who don't offer the same benefits to unmarried couples of the opposite sex?
An interesting discussion is contained within the Illinois Bar Journal regarding these unintended consequences of the legalization of same-sex marriage on domestic partner benefits and how certain employers may rethink their benefits.
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