PEORIA FAMILY LAW LAWYER
Over the last several years, much has changed about the laws governing Family Law cases in Illinois. In 2015, changes were made to how spousal support, or what is commonly referred to as maintenance, is calculated.
Before the changes became effective in 2015, maintenance was decided arbitrarily on certain factors. Now, maintenance is primarily based upon a formula that relates one spouse’s income to the other’s, and the length of the marriage.
The changes to how maintenance is calculated are good in the sense that parties have a fairly certain idea of what amount of maintenance, if any, may be ordered. Criticism of the new maintenance rules center around the idea that one size does not fit all.
The changes to Family Law cases that became effective on January 1, 2016, have more to do with allocation of parenting time and responsibilities. In a nutshell, the new laws provide parents with more of an opportunity to assist the court to formulate a plan as to how to divide parenting time between the parents. For a more detailed discussion of these changes, and other news about Family Law, click here.
The attorneys at Smith & Weer, P.C. believe that parents should play an integral role in deciding how their time with their children is apportioned. Some parents are able to do this in a reasonable manner. Reasonable parents keep the lines of communication open with the other parent. They act mature in the presence of the children, and they foster and nurture a child’s upbringing.
Unfortunately, there are parents, who for whatever reason, act selfishly, who at times attempt to keep the children from the other parent, and attempt to impose their will over the other parent to the detriment of the children. Naturally, the question arises of whether such a negative minded parent should have the majority of time allocated by the court. Certainly, a parent who is overly controlling should not be allowed to monopolize the children’s time in derogation of the other parent’s rights.
There are generally two types of custody cases: those where the two parents can develop a reasonable and harmonious allocation of parenting time; and those cases where one parent seeks to impose his or her will over the other parent to the detriment of the children. It is fairly easy to see, from an experienced lawyer’s point of view which type of case is before him or her, early on. If a good lawyer is presented with the second type of case that involves a selfish parent, it is up to he or she to make the court aware of the imbalance presented, and to work to ensure that the allocation of parenting time meets the objective of serving the best interests of the children.
The attorneys at Smith & Weer are experienced and accomplished at representing concerned parents who want to play an integral role in their children’s lives. The actions of Smith & Weer attorneys to accomplish this objective mirror their clients’ desire to be present in their children’s lives.
How can we help you? Contact us for a free consultation. We’ll answer all your questions, and explain your options. There is no obligation.