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Family and divorce law in Illinois is in the midst of undergoing big changes. Oren follows these changes closely and uses the most up-to-date resources to make sure he has the knowledge and skills necessary to represent you.
Just as important, Oren has the understanding to know that by coming to the Law Office of Oren Graupe you are trusting him with your most precious commodity, your family. Oren has the ability to listen and the knowledge to guide you through a difficult Court battle along with the discretion to know that there is value to keeping the legal battle separate from your personal and work life.
To find out how the right attorney can help you through one of the more nuanced areas of law, please contact The Law Office of Oren Graupe.
The basic Child Support Guidelines have been set by statute in Illinois to alleviate the need for litigation to determine whether or not Child Support is appropriate and, equally as important, how much Child Support is due per month. Child Support is generally appropriate where the child(ren) spend more than 50% of their time with one parent (the Residential Parent) than the other (the Non-Residential) Parent (a common example is where the child(ren) live with their Mother and have visitation / parenting-time with their Father every other weekend). The Non-Residential parent would then pay Child Support to the Residential Parent at a pre-determined rate, generally based on the Child Support Guidelines ranging from 20% to 50% of the Non-Residential Parent’s net income.
The basic guidelines certainly streamline many issues with Child Support; however, there are often disputes as to what a person’s actual net income is, particularly where the Non-Custodial Parent is self-employed, is paid based on commissions, frequently works overtime or is a seasonal employee. Also, a person’s income frequently goes up (with raises in income) or down (with loss of overtime or loss of employment) but Child Support will remain set until the change in income is brought to the Court’s attention and modified by Court Order.
In certain situations, however, the basic guidelines do not generate accurate or fair results for the child(ren) or for one of the Parents.
To find out how an experienced attorney can help you understand and resolve more complex Child Support issues, or to properly calculate or modify Child Support, please contact The Law Office of Oren Graupe.
ALLOCATION OF PARENTAL RESPONSIBILITY - Encompassing What Was Formerly Known as Child Custody and Visitation:
Recent changes in Illinois law have eliminated the terminology formerly known as “Custody” in favor of Allocation of Parental Responsibilities. Parental Responsibility refers to the care, control, and decision-making responsibility pertaining to a minor child. Oren Graupe has represented many clients through custody and Allocation cases and witnessed, first-hand, the impact of this type of litigation and conflict. Oren works closely with his clients to achieve the best results under the law.
The law now requires that the court make determinations (Allocations) regarding "Parental Responsibility" rather than "Child Custody." The law defines parental responsibility as including two factors: decision-making responsibilities (pertaining to the education, medical decisions, religious upbringing, and extra-curricular activities of the children) and parenting time that each parent may spend with children. As a father himself, Oren fully understands the importance that your child or children have in your life and makes it a priority for his clients to achieve the results that they believe are in the child's best interest, for allocation of decision-making and parenting time. Moreover, with the new changes in Illinois law, parenting time is not modifiable for two years, subject to certain exceptions. Therefore, it is extremely important that attorneys representing your interests strive and fight for the appropriate amount of parenting time initially and prior to the finalization of the divorce decree.
Setting up a parenting time plan for visitation necessitates considering several factors, and this process is not always easy. The age, needs, and desires of the children demand thorough consideration. Other factors that will effect scheduling include the parents' work schedules, the school schedule, activities, and a cohesive holiday schedule. The relationship between the parents also has a profound impact on the drafting of a parenting time agreement. If the parents cannot agree, a formal hearing process or mediation in court may be required.
Restriction of Parenting Time:
In certain situations, for the protection of the children it may be inappropriate for a parent to be alone with the children – this could be for any number of
reasons. Illinois courts have jurisdiction to restrict parenting time if it would seriously endanger the child's physical, mental, or emotional health, or impair
his or her moral upbringing. Illinois courts focus on the child's welfare while seeking to provide as much safe parenting time as possible. Supervised
parenting time may be required in these cases.
To better understand your rights and how they relate to the allocation of parental responsibilities please contact The Law Office of Oren Graupe.
Mediation is a non-binding dispute resolution process, in which a neutral person facilitates negotiations between parties to help them resolve a dispute. The process is usually voluntary and the parties control the outcome. When the parties reach a settlement of their dispute, it is recorded in the form of a settlement agreement that is entered with the court and then enforceable through the court.
Oren understands conflict as well as the ways in which it affects you including your time, your money, and your relationships and knows that sometimes litigation may not be the best option for you to resolve your dispute. Oren is a certified mediator with the ability, training, and temperament to remain impartial and neutral in order to help you resolve any issue. With the right person your conflict can be mediated efficiently so that both parties understand the motivation behind the other's position and can work toward reaching a mutually beneficial resolution.
To find out if mediation might be right for you and how mediation can help you work through your conflict, please contact The Law Office of Oren Graupe.
Note: The content provided on this is for informational purposes and is not intended to provide legal advice. For legal advice please contact a qualified Attorney such as Attorney Oren Graupe.