Robertson Legal Group, LLC are Shorewood Family Lawyers with offices in Shorewood and Will County. Our attorneys are skilled and experienced in the areas of family, child support, child support, and child custody law. We primarily handle Will, Kendall, and Grundy Counties.
Experienced Family Attorneys in Shorewood
Sean Robertson and Robertson Legal Group, LLC are Shorewood Family Attorneys having a niche in handling establishment of paternity and family law. Family law is when two non-married couples have a dispute over minor children, child support, child custody concerns, and parenting issues. Family law court is the appropriate court on the 3rd floor (primarily Rooms 300 and 301) to address their family law concerns. Sean Robertson is an experienced 15 year family and paternity attorney.
Establishing Paternity for Minor Children
According to https://www.illinoislegalaid.org/legal-information/becoming-legal-parent-child-or-parentage, legal parentage is established in three ways:
a) Signing of the Voluntary Acknowledgement of Parentage or otherwise known as a “VAP”. This VAP is used when the mother and father agree in admitting parentage of the minor child. The Vital Records Act has forms that must be filled out by the non-married parents at the hospital upon the birth of a child. This form enables both parents to consent to parentage by agreement. See 410 ILCS 535/1, et seq.
b) Establishing Paternity at Family Law Court. Establishing paternity at family law court requires a Petition for Parentage and Child Support to be filed in Joliet and Will County (or the appropriate county)
c) The Department of Healthcare and Family Services or otherwise known as “DHFS” may have a order for child support where father and child relationship are determined or otherwise known as a “parentage” action.
A Parentage Summons is a legal document filled out, which is provided by the Clerk of the Circuit Court of the 12th Judicial Circuit or otherwise known as “the Main Joliet Courthouse”. A Parentage Summons is a summons, which notifies the Defendant (the alleged father or mother) that a parentage petition has been filed against them to allege parentage exist between a father and minor child. The Will County Court cannot have jurisdiction over the Parentage case until the Defendant parent has been properly served by a private process server or the Will County Sheriff (or Sheriff’s Office in the County where they live). Generally, a Defendant in a parentage case has 30 days to file an appearance and file responsive pleadings. If the Defendant does not at a minimum file an appearance with Will County, the Petitioner parent may be able to enter a default judgment. A default judgment is essentially the Plaintiff gets the relief alleged in their initial Parentage Complaint.
Process at Parentage Status Date
The alleged father or mother may initiate a DNA test to determine whether they are the parent. If the Father or Mother agrees that a parentage link is related to the minor child, the court will advise the Defendant or Plaintiff Father of their alleged rights and responsibilities. One of the responsibilities of being a parent is payment of child support. Furthermore, a parentage case enables a father to obtain child visitation and possibly equal and significant decision making in a child’s life. The new term now is called an “Allocation of Parental Responsibilities”.
Prior to January 1, 2016, the terms “sole custody” and joint custody” resulted in parentage and divorce cases in Illinois. Currently, the correct term for “custody” is the allocation of parental responsibilities. The new term for child visitation is parenting time. Allocation of Parental Responsibilities are the four (4) major areas related to parentage decision-making:
- Decision Making related to the Healthcare Needs of a Child or Children
- Religious Choices and Decisions
- Educational Decision Making including daycare, school records, etc.
- Choices regarding Extracurricular activities
Our law firm are Shorewood Family Attorneys. We assist mothers and fathers with parentage and child support matters. The new “child support” term for child support is the income shares model. The income shares model takes into account both parent’s net income and develops a total family income. Based upon the total family income, the child support payment per month is proposed (based upon the number of children). Then, the parents will pay child support based upon their percentage of income towards the total family net income of both parents. For example, John and Becky make a total net income of $9,500 per month and John makes $6,000 in net income per month and Becky makes $3,500 in net income per month. Thus, the total family household net income is $9,500 per month. Here is the income shares child support and income schedule https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf. Based upon a net income of $9,500 per month, Becky and John would pay a total child support of $1,400 (for one child). Let us assume that John is the non-residential parent and his monthly net income consists of 63 percent of the total family household income. Hence, John’s child support obligation is 63 percent of $1,400 per month or $882 per month. In contrasts, the Will Court assumes that Becky’s financial contribution per month is $532 per month, which is in-kind support for rent, food, etc. This is simply an example of child support.
Experienced Shorewood Family Attorneys in Will County
In conclusion, this article summarizes some of the many rights and responsibilities that parents have in family law cases. This article did not discuss all of the rights and responsibilities. Sean Robertson and Robertson Legal Group, LLC concentrate in Will County Parentage and Family law cases in Shorewood and Will County. Sean Robertson has significant experience in the areas of family, parentage, child support, and child custody concerns. We represent men and women. Reach out to us at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.