In the last couple of years, there have been significant changes to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501 et. seq.). Some of these changes have impacted the ways in which Chicago and other Illinois residents can file for divorce, while others deal with family law matters pertaining to child custody, visitation, and child support. If you are thinking about filing for divorce in Illinois, or if you need to know more about how the state now views child custody and visitation, it is important to examine the new Illinois Marriage and Illinois Marriage and Dissolution of Marriage Act (IMDMA) closely to understand some of the key changes.
No More Grounds for Divorce: Now Illinois Residents Only Seek No-Fault Divorces
One of the first changes to the IMDMA involved removing grounds for divorce, making it so that all Illinois residents will seek a no-fault divorce when they file. The thinking behind this change to the statute was that grounds for divorce are outdated and tended to perpetuate harmful stereotypes and assumptions about spouses who want to file for divorce. Now, Illinois residents only need to show that “irreconcilable differences have caused the breakdown of the marriage.”
Changing Terminology from “Child Custody” and “Visitation” Terms to “Parenting Time” and “Parental Responsibilities”
Until the IMDMA changed its language with regard to child custody and visitation, one or both parents often would be awarded child custody. In order to emphasize the bond between parents and their children, the terms of child custody and visitation have been removed from the statute. Now, we use the terms “parenting time” and “parental responsibilities.” What is involved in this new language?
Parenting time, according to the statute, “means the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” In other words, parenting time looks a lot like physical custody and what was often previously referred to as visitation —the parent spends time with the child and exercises caretaking functions but is not necessarily involved in significant decision-making tasks concerning the child’s upbringing. Parental responsibilities refer to “decision-making responsibilities according to the child’s best interests.” This new feature of the law looks significantly similar to legal custody—the parent may not necessarily exercise caretaking functions but is responsible for making important decisions about the child’s upbringing.
When parents can come to an agreement about parental responsibilities, the IMDMA allows them to develop a “parenting plan” for the court to approve. In cases where the parents cannot come to an agreement in a parenting plan, the court will “allocate parental responsibilities.” It takes into account a number of different factors, and it can allocate different responsibilities to each of the parents (e.g., education, healthcare, religious upbringing, and extracurricular activities).
Income Shares Model for Child Support
The most recent change to the IMDMA involves a shift to the “income shares” model for child support. Instead of assigning child support to one parent based on who has custody of the child, Illinois courts now will take into account both parents’ incomes and will determine the percentage for which they are responsible for child support.
In brief, under the income shares model, the court adds both parents’ incomes together (as if they were living in an intact household), determines the child support obligation for that combined income, then decides what proportion of the obligation each parent pays based on a number of different factors. In this model, both parents contribute to the child support obligation
, even when one might earn substantially more money than the other.
Contact a Chicago, Illinois Family Law Attorney
If you have questions about how recent changes to the IMDMA might impact you, it is important to discuss your situation with a Chicago family law attorney. I am an experienced Illinois divorce attorney, and I would be happy to provide you with a consultation to discuss your case.
