Declaring the Non-Existence of a Parent-Child Relationship

Definitions

Judicial Child Support Order

A judicial child support order is a legally-binding child support order that is entered by a judge in court. This means that in order to modify, enforce, or terminate a judicial child support order, you will need to file a notice motion to the other parent and have your case heard by a judge.If you have a copy of your child support order, you can t

Contempt of Court

Being held in contempt of court is typically the result of a failure to follow the directions of a court order. It may also be the result of child support enforcement. If you are held in contempt or court, you may be subject to certain penalties, such as a fine or a short period of incarceration.

Marriage License

A marriage license is both the first step towards getting legally married in Illinois, as well as a document that confirms the legal marriage between two persons. In order to get married, you and your partner must first apply for a marriage license together at an approved location BEFORE solemnizing the marriage, which requires the following: pre

Presumed Parent

A presumed parent is the legal parent of a child. In other words, if you are presumed to be the parent of a child, then your legal parentage has been officially established.One is presumed to be the legal parent of a child if either one of the following conditions are met:you are married to or in a civil union with the child's biological mother at

Voluntary Acknowledgement of Paternity (VAP)

A Voluntary Acknowledgement of Parentage (VAP) is a legally-binding document that establishes one's legal parentage for a child.If you are present with the biological mother at the hospital when a child is born, and the two of you are not married, you will generally be given the option of signing a VAP. You may also request to sign a VAP for a chil

(Marital) Settlement Agreement

A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children

Non-Custodial Parent

The non-custodial parent is the legal parent of a child, but is NOT their primary caregiver. Instead, the custodial parent is the child's main caregiver and has primary custody. Unless it has been ordered otherwise by a parenting plan, the child's biological mother will typically be their custodial parent.If two parents have joint-custody, both par

Court Order

A court order is a written document issued by a judge in court. Court orders are given to both parties to a court case – called the petitioner and the respondent – each time your case is heard in front of a judge in court. The court order describes what events took place in court on the date it is issued, and it typically requires one or both par

Project Clean Slate

Project Clean Slate is a program offered by the Department of Family Services (HFS) to help qualifying non-custodial parents pay off past-due child support (arrears).You may qualify to have all past-due child support owed to the state of Illinois erased if you can provide proof that one of the following circumstances prevented you from paying child

IV-D Program

The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a

Unallocated Child Support

Unallocated child support is a type of child support payment one can be ordered to pay or receive through a legally-binding child support order. If you are ordered to pay unallocated child support by a judge in court, all of your payments are tax-deductible.All other kinds of child support payments are NOT tax-deductible for the paying parent, nor

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Rescinding a Voluntary Acknowledgement of Paternity (VAP) is the process through which a previously signed VAP is declared null and void.A VAP can ONLY be rescinded within 60 days of its being signed, OR 60 days after a different court case concerning the child has started, such as child support, allocation of parental responsibilities (custody), o

Child Support Order

A child support order is a legally-binding court order requiring a legal parent of a child, typically the child's non-custodial parent, to make a certain amount of child support payments on a regular basis. There are two types of child support orders: judicial child support orders, and administrative child support orders. The main difference betw

DNA (Genetic) Testing

DNA (genetic) testing can determine if there a parent-child relationship exists between an adult and a child. In a paternity (parentage) court case, a judge may order that an alleged parent of the child agree to DNA testing. The results of the DNA test may be used to establish legal parentage, or to declare the non-existence of a parent-child rela

E-Filing Exemption

A Certification for Exemption from E-Filing, if approved by the courts, allows you to file a petition or notice of motion on paper rather than doing so online (e-filing).You may qualify for an E-Filing exception if:You do NOT own or have access to a computer or a stable internet connectionYou have previously tried and were unable to e-file; orYou a

Driver's License Suspension

If you have failed to make child support payments on time, your driver's license can be suspended as part of a child support enforcement penalty. IMPORTANT THINGS TO KNOW ABOUT A DRIVER'S LICENSE SUSPENSION: If you believe that you have not fallen behind on your child support payments, you may be able to contest the suspension If you cannot work

Affidavit

An affidavit is a written document that alleges a set of factual statements, and may be submitted as evidence as part of a court case. In other words, an affidavit is the written version of testifying in court under oath, and requires signing by a licensed public notary.

Appealing or Modifying a Divorce Judgement

The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:

Department of Family Services (HFS)

The Illinois Department of Healthcare and Family Services (HFS) is an administrative agency with two primary functions: Providing Medicaid coverage to those who qualify; and Child support enforcement services through their IV-D program Enrolling in the IV-D program gives HFS the right to establish legal parentage, as well as enter and enforce an

Civil Union License

A civil union license, otherwise known as a civil union certificate, is a document that confirms that both partners have entered into a legally recognized civil union. In order to enter into a civil union in the state of Illinois, both parties must sign the civil union license, and pay a $60 USD filing fee. If you cannot pay the fee, you may be a

Challenging a Voluntary Acknowledgement or Denial of Parentage

A signed Voluntary Acknowledgement of Paternity (VAP) or denial of parentage can only be challenged within TWO (2) YEARS of its being signed on one of the following bases: one was pressured into signing, or otherwise forced to sign the VAP or denial against one's will the VAP or denial of parentage was fraudulently signed; OR the VAP or denial was

Docket Number

In Illinois, every civil court case is filed with a unique docket number. Your cases's docket number will be written on every court order you receive. Additionally, each time you file a notice of motion, you will have to include the docket number for the case. For family law cases (Domestic Relations cases), every docket number will contain the

Fee Waiver

A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,

Modifying a Legal Separation Agreement

If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp

Adjudication of Parentage

An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare

Gestational Surrogacy Agreement

Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti

Medicaid

Medicaid is a program managed by the Illinois Department of Healthcare and Family Services (HFS) that pays for certain medical services for eligible children, senior adults, or disabled persons. Eligibility is determined by income – more information can be found here. Some things to know about Medicaid: If you are a recipient of Medicaid, you are

Administrative Case Number

In Illinois, every administrative child support case has an administrative case number. Every document you receive from the Department of Family Services (HFS) will have the administrative case number written on it. Each administrative case number contains an "H". For example: "221HXXXXXX." Note: the numbers before the "H" may be differe

Denial of Parentage

A denial of parentage is a written document that is signed by the parent that was married to or in a civil union with the child's biological mother within 300 days of that child's birth. This parent is otherwise known as the presumed parent. By signing a denial of parentage, the presumed parent swears they are NOT the child's biological parent. An

Parenting Plan

A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation

Custodial Parent

The custodial parent is the legal parent of a child that is primarily responsible for the caretaking functions for a child. In other words, a custodial parent is the child's main caregiver. If the child has another other legal parent in addition to their custodial parent, that other parent would be the child's non-custodial parent. A person can bec

Hearing Officer

A hearing officer is an employee of either the Cook County Circuit Court or the Illinois Department of Healthcare and Family Services (HFS). They are tasked with acting as a mediator between both parties to a case; guiding them through legal processes, and facilitating discussions.

Tax Exemptions for Minor Children

Tax exemptions for minor children, otherwise known as dependency exemptions, is a certain amount of income related to the cost of caring for and raising a minor chid(s) that is deducted from one's annual tax payments.If you are the legal parent, or have been allocated parental responsibilities (custody) of a minor child(s) you may be able to claim

Legal Parent

The legal parent is a person that has a legally established parent-child relationship with a child. If you are the legal parent of a child, your name likely will or otherwise can be placed on that child's birth certificate. A child's legal parent is allowed to do the following: make or receive child support payments, depending on their relationsh

Administrative Child Support Order

An administrative child support order is a legally-binding child support order that is issued by the Department of Family Services (HFS). This means that in order to modify, enforce, or terminate an administrative child support order, one should either call HFS or visit their downtown office. If you are the custodial parent of a child or are recei

Show all related Definitions

Hide all related Definitions

Definitions

E-Filing Exemption

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Tax Exemptions for Minor Children

Marriage License

Gestational Surrogacy Agreement

Medicaid

Parenting Plan

Contempt of Court

Unallocated Child Support

Modifying a Legal Separation Agreement

Legal Parent

Driver's License Suspension

(Marital) Settlement Agreement

Adjudication of Parentage

Fee Waiver

Child Support Order

Court Order

Challenging a Voluntary Acknowledgement or Denial of Parentage

DNA (Genetic) Testing

Denial of Parentage

Presumed Parent

IV-D Program

Voluntary Acknowledgement of Paternity (VAP)

Judicial Child Support Order

Department of Family Services (HFS)

Custodial Parent

Docket Number

Administrative Child Support Order

Non-Custodial Parent

Affidavit

Administrative Case Number

Project Clean Slate

Civil Union License

Hearing Officer

Appealing or Modifying a Divorce Judgement

Hide all related Definitions

Declaring the Non-Existence of a Parent-Child Relationship

What Does it Mean?

Things you Should Know

See Related

Definitions

Definitions

Articles

Articles

Declaring the Non-Existence of a Parent-Child Relationship

What Does it Mean?

Things you Should Know

See Related

Definitions

Judicial Child Support Order

Contempt of Court

Marriage License

Presumed Parent

Voluntary Acknowledgement of Paternity (VAP)

(Marital) Settlement Agreement

Non-Custodial Parent

Court Order

Project Clean Slate

IV-D Program

Unallocated Child Support

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Child Support Order

DNA (Genetic) Testing

E-Filing Exemption

Driver's License Suspension

Affidavit

Appealing or Modifying a Divorce Judgement

Department of Family Services (HFS)

Civil Union License

Challenging a Voluntary Acknowledgement or Denial of Parentage

Docket Number

Fee Waiver

Modifying a Legal Separation Agreement

Adjudication of Parentage

Gestational Surrogacy Agreement

Medicaid

Administrative Case Number

Denial of Parentage

Parenting Plan

Custodial Parent

Hearing Officer

Tax Exemptions for Minor Children

Legal Parent

Administrative Child Support Order

Definitions

E-Filing Exemption

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Tax Exemptions for Minor Children

Marriage License

Gestational Surrogacy Agreement

Medicaid

Parenting Plan

Contempt of Court

Unallocated Child Support

Modifying a Legal Separation Agreement

Legal Parent

Driver's License Suspension

(Marital) Settlement Agreement

Adjudication of Parentage

Fee Waiver

Child Support Order

Court Order

Challenging a Voluntary Acknowledgement or Denial of Parentage

DNA (Genetic) Testing

Denial of Parentage

Presumed Parent

IV-D Program

Voluntary Acknowledgement of Paternity (VAP)

Judicial Child Support Order

Department of Family Services (HFS)

Custodial Parent

Docket Number

Administrative Child Support Order

Non-Custodial Parent

Affidavit

Administrative Case Number

Project Clean Slate

Civil Union License

Hearing Officer

Appealing or Modifying a Divorce Judgement

Articles

How to Obtain a Copy of Your Child's Birth Certificate

Child Support Owed to a Parent vs. the State

How Paternity is Established