New Illinois Laws Relating to Family Law in Effect Since January 1

By Nottage and Ward on January 19, 2011

With 2011 in full swing, several bills became new laws in Illinois that have been in effect since January 1. The Carmi Times discusses these new laws, including many relating to family law.

For individuals who are either currently going through a child support dispute or have already reached agreements for child support, it is important to be aware of a few new Illinois laws. Child Support (SB 2570/PA 96-1072) states that after an entry of a judgment for dissolution of marriage is established, a child support order will not be permitted to be suspended or stayed because of the filing of post-judgment motions.

Under Driving Permits (HB 6450/PA 96-1284), a family financial responsibility driving permit may be issued to allow an individual who has lost their driver’s license for failing to pay child support to drive to and from work, to attend alcohol and/or drug treatment programs, receive medical care, or seek employment.

Fund Transfer (SB 2976/PA 96-1100) organizes the existing practice of depositing federal receipts into the Child Support Administrative Fund as opposed to the Child Support Enforcement Trust Fund, in addition to many other types of fund transfers.

In relation to adoption law in Illinois, Adoption Form (HB 6080/PA 96-1461) makes it a requirement for consent forms to adoption to be signed to recognize that the birth parent was given and had time to read the Birth Parent Rights and Responsibilities – Private Form before signing the consent.

As a way to help clarify jurisdictional issues relating to Probate Court proceedings on a petition for the appointment of a guardian, Guardianship Termination (SB 3386/PA 96-1338) modifies the provisions surrounding revocation of the guardianship of a minor to solidify the process and standards by which a parent can request that a guardianship be revoked. The new law also states that the court does not have jurisdiction to carry out guardianship termination when a minor has a parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out daily child care decisions for the minor. However, the court does have jurisdiction if the parent or parents voluntarily relinquished custody of the child, agreed or did not object to the appointment of a guardian, or a guardian appointed by the court already exists for the minor.

Although these new laws seem simple enough, every family’s situation is different, thus further complicating matters, increasing stress, and making a resolution more challenging to obtain. Fortunately, though, finding the right Chicago family law attorney for your specific predicament goes a long way in ensuring a positive outcome to your divorce, adoption, child support dispute, or other family law issue. Contact the Illinois family law firm of Nottage and Ward to find out if our services match the needs of your case.