kid shit

Question 1

what is the general rule for a parent who lives with the child

Answer 1

child support not needed

Question 2

how to determine child support amount

Answer 2

guidelines: by income, to give support

- discretionary

Question 3

when does child support end

Answer 3

age of majority 18 years old, or if still in high school, 19

Question 4

does death of parent end child support obligation

Answer 4

yes

- IL: NO

Question 5

in IL does death of a parent end child support obligation

Answer 5

NO. can collect from estate

Question 6

how to get a modification of child support

Answer 6

is SUBSTANTIAL CHANGE

- ex: income increased or child needs increased

Question 7

what are NOT grounds for modification of child support

Answer 7

self-reduction of income: if parents quits job to take less amount of money

Question 8

what can some remedies be for a parent who is not paying child support

Answer 8

1) seizure of assets, bank account
2) garnishment of wages
3) intercept tax refund
4) take away license
5) held in contempt of court

Question 9

what if a parent moves out of state for child support

Answer 9

• 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

Question 10

what is a separation agreement and when is it allowed

Answer 10

• parties agree on support of child
  1) full disclosure and
  2) fair
• subject to kids: always reviewed by court and full power to override

Question 11

what to call custody

Answer 11

allocation of parental responsibility

Question 12

2 types of allocation of parental responsibility

Answer 12

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

Question 13

what state has jurisdiction to determine allocation of parental responsibility

Answer 13

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

Question 14

the home state rule

Answer 14

former state has jurisdiction for 6 months, then new state where they live now

Question 15

test for allocation of parental responsibility of where child going to live

Answer 15

BEST INTEREST OF CHILD

Question 16

what factors to look at for the best interest of the child

Answer 16

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

Question 17

when will court allow shared parental responsibility

Answer 17

1) parents effectively corporate

2) do they live near each other

Question 18

is allocation of parental authority subject to modification

Answer 18

yes

Question 19

what is parenting time and is it contingent on child support

Answer 19

• allow other parent to visit kid
• NOT contingent on child support
• can be in contempt if bar parent from visiting

Question 20

in IL if there is a wedlock child is there a presumption of parenting time

Answer 20

NO

• not parental responsibility and
  2) not given parenting time, no presumption, must proof

Question 21

what is required if a parent is moving if child

Answer 21

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

Question 22

GR for request of parenting time for NON PARENT

Answer 22

judge cannot substitute judgment of parent.

- have to show ACTUAL DETRIMENT TO CHILD by not being allowed to see them

Question 23

what is required for adoption

Answer 23

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

Question 24

where there is no requirement for biological parent consent

Answer 24

where termination of parental rights