kid shit Flashcards
what is the general rule for a parent who lives with the child
child support not needed
how to determine child support amount
guidelines: by income, to give support
- discretionary
when does child support end
age of majority 18 years old, or if still in high school, 19
does death of parent end child support obligation
yes
- IL: NO
in IL does death of a parent end child support obligation
NO. can collect from estate
how to get a modification of child support
is SUBSTANTIAL CHANGE
- ex: income increased or child needs increased
what are NOT grounds for modification of child support
self-reduction of income: if parents quits job to take less amount of money
what can some remedies be for a parent who is not paying child support
1) seizure of assets, bank account
2) garnishment of wages
3) intercept tax refund
4) take away license
5) held in contempt of court
what if a parent moves out of state for child support
- take order and mail it to the employer to have them pay you
- PREVENTS SEEKING MODIFICATION unless state where was initially given
- IL: continuing exclusive jurisdiction of support at least where kid lives or parents
what is a separation agreement and when is it allowed
- parties agree on support of child
1) full disclosure and
2) fair - subject to kids: always reviewed by court and full power to override
what to call custody
allocation of parental responsibility
2 types of allocation of parental responsibility
1) legal: which parent makes decision for kids
- ex: where to go to school etc
2) physical allocation of parental responsibility: where going to live
what state has jurisdiction to determine allocation of parental responsibility
1) home state of child or
2) home state of last 6 months
- former state has jurisdiction for 6 months, then new state where they live now
the home state rule
former state has jurisdiction for 6 months, then new state where they live now
test for allocation of parental responsibility of where child going to live
BEST INTEREST OF CHILD
what factors to look at for the best interest of the child
1) wishes of parties
2) wishes of kid if over 14
3) physical mental health of parents
4) criminality of parent
5) acts of domestic violence
6) placement of parent and encouragement of family relations
7) 1 parent accommodates other parents visitation
when will court allow shared parental responsibility
1) parents effectively corporate
2) do they live near each other
is allocation of parental authority subject to modification
yes
what is parenting time and is it contingent on child support
- allow other parent to visit kid
- NOT contingent on child support
- can be in contempt if bar parent from visiting
in IL if there is a wedlock child is there a presumption of parenting time
NO
- not parental responsibility and
2) not given parenting time, no presumption, must proof
what is required if a parent is moving if child
1) usually required to give notice to relocating parent and court
2) hearing to determine
3) need bona fide reason for moving
- everything on table
GR for request of parenting time for NON PARENT
judge cannot substitute judgment of parent.
- have to show ACTUAL DETRIMENT TO CHILD by not being allowed to see them
what is required for adoption
1) NEED ALL RELEVANT CONSENTS
- if adopting minor need biological parents consent
2) investigate adoptive parents
- financial closures, criminal background etc
3) hearing for adoption
where there is no requirement for biological parent consent
where termination of parental rights
