Tax Exemptions for Minor Children

Definitions

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of Paternity (VAP) is the process through which a previously signed VAP is declared null and void.A VAP can ONLY be rescinded within 60 days of its being signed, OR 60 days after a different court case concerning the child has started, such as child support, allocation of parental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

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

Modifying a (Marital) Settlement Agreement

Certain aspects of a (martial) settlement agreement may be modified, but ONLY IF it can be shown to a judge that doing so is in the best interests of both parties and/or their children.A substantial change in one's financial circumstances, such as a change in employment status or the added presence of a mental or physical disability, may warrant a

Interim Attorney's Fees

Interim attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed periodically throughout the duration of a legal separation, dissolution of marriage (divorce), or dissolution of civil union case. An award of interim attorney's fees may be based on, but is not limited to the followi

Joint Petition for Simplified Dissolution

If both you and your spouse or partner are in agreement to get a divorce or dissolve a civil union, a joint petition for simplified dissolution is the fastest way to dissolve the marriage or civil union in Illinois.You may be able to file for a joint petition for simplified dissolution if ALL of the following conditions are met:You and your spouse/

Property Divisions

Property divisions refers to the process through which marital property or civil union property is distributed among both spouses or partners during a dissolution of marriage (divorce) or dissolution of civil union case.Dividing assets contained in a couple's shared retirement account requires a Qualified Domestic Relations Order (QDRO).Property di

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

Relocation

Relocation is defined as moving over 25 miles from one's current place of residence to a new place of residence.If you have been allocated parental responsibilities (child custody) or parenting time (visitation rights), you MUST provide the child's other parent with a notice of motion at least 60 days prior to the intended date of relocation.The mo

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

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

Counter-Petition

A counter-petition is a petition that can be filed by the respondent to a dissolution of marriage (divorce) or dissolution of civil union case. Counter-petitions may be filed in order to either express a desire to preserve the marriage or union, or to allow the respondent to otherwise express their desired outcome from the divorce or dissolution o

Marital Property

Martial property refers to all proprety, including debts (marital debt) and other financial commitments, that is acquired by either spouse that is legally married AFTER the effective date of the marriage. This date can be found on your marriage license. The following is NOT considered to be marital property: gifts or inheritances any property acqu

Joint-Custody

Joint-custody means that both parents are equally responsible taking care of their child. This means that both parents would be considered the child's custodial parent. If both parents of a child are married to or in a civil union with each other, the two parents would have joint-custody of the child(s).

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

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

Voluntary Conversion of Civil Union to Marriage

A Voluntary Conversion of Civil Union to Marriage is the process through which a civil union can become legally recognized as a marriage. Two partners for a civil union can file for a marriage license without paying the filing fee, so long as the the following conditions are met: the civil union has NOT been dissolved, nor is there a pending disso

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

Civil Union Property

Civil union property refers to all proprety, including debts and other financial commitments, that is acquired by either partner in a civil union AFTER the effective date of the civil union. This date can be found on your civil union license. The following is NOT considered to be civil union property: gifts or inheritances any property acquire

Declaring the Non-Existence of a Parent-Child Relationship

Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat

Modifying a Custody Arrangement

A parenting plan (custody order) can be modified to change which caretaker has custody of a child(s), but only within TWO (2) YEARS of its originally being ordered. Additionally, a modification will only be approved if you can show to a judge in court that doing so would be in the best interest of the child(s).Modifying a parenting plan may result

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:

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

Allocation of Parental Responsibilities (Custody)

The allocation of parental responsibilities, often referred to as "child custody", legally determines which caretaker(s) is responsible for the caretaking functions of a child(s). A custody arrangement becomes legally binding through a parenting plan that is approved and ordered by a judge in court. Oftentimes, only one caretaker is given primary

Conciliation

Conciliation refers to actions taken by a judge or the other party to a dissolution of marriage (divorce) or dissolution of civil union case to repair the damages of the marriage or civil union. If a judge believes there exists the potential for reconciliation, they may order that both parties take part in a conciliation conference to determine if

Caretaking Functions

Caretaking functions refer to activities involving direct contact with a child, particularly those that relate to supervising and caring for a child. Caretaking functions include, but are not limited to the following activities: feeding and maintaining the child's health overseeing the development of critical skills, including language and motor

Qualified Domestic Relations Order (QDRO)

A Qualified (Illinois) Domestic Relations Order (QDRO) is a court order issued during a divorce, dissolution of civil union, or legal separation case. QDROs decide how a couple's retirement savings will be divided among each other after they separate. If a couple does not have any retirement savings, a QDRO will not be ordered.

Attorney's Fees

Attorney's fees refers to the costs associated with hiring and being represented by an attorney in court, to be assessed throughout the duration of dissolution of marriage (divorce) or dissolution of civil union case. As part of a (marital) settlement agreement, one party may be ordered to pay attorney's fees for their ex-spouse or ex-partner. Thi

Temporary Child Support

Temporary child support refers to a type of child support payment to be made to your spouse or partner while the two of you are legally separated, and/or are currently in the process of dissolving your marriage (divorce) or dissolving your civil union.Generally speaking, a spouse or partner will only be ordered to pay temporary child support if bot

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

Temporary Custody

Temporary custody is a temporary allocation of parental responsibilities (custody) to you, your spouse or partner, or both. This temporary allocation can only be made while the two of you are legally separated, and/or are currently in the process of divorcing or dissolving your civil union.If temporary custody is ordered, one parent will become the

Divorce (Dissolution of Marriage)

What Does it Mean?A dissolution of marriage, more commonly known as a divorce, is the process through which two spouses exit a legal marriage.How Does it Work?In order to get a divorce in Illinois, both spouses must have been living separately for at least six (6) months. The spouses will have to show to a judge that they have irreconcilable differ

Maintenance (Alimony)

Maintenance (alimony) refers to a financial contribution to your spouse or partner while or after you have gotten a divorce, dissolution of civil union, or legally separated.Like other child support payments, maintenance will become past-due maintenance if the paying ex fails to make payments on time.The amount an ex is ordered to pay in maintenanc

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

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

Dissolution of Civil Union

A dissolution of civil union is the process through which two partners exit a legal civil union. In order to dissolve a civil union in Illinois, both partners must either be legally separated for a period of at least six (6) months, or otherwise prove that they have been living separately for a period of at least six (6) months. Additionally, you

(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

Temporary Maintenance (Alimony)

Temporary maintenance (alimony) refers to payments made to your spouse or partner while the two of you are getting or currently are legally separated, OR are in the process of getting a divorce or dissolving your civil union.

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

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

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

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

Prove-Up

A prove-up is the final hearing of a dissolution of marriage (divorce) or dissolution of civil union case. The hearing is typically conducted with a hearing officer, who guides both parties through the process of settling on the final terms of their (marital) settlement agreement. Prove-up hearing will only take place if the parties are ready to

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Definitions

Relocation

DNA (Genetic) Testing

Attorney's Fees

Temporary Child Support

Qualified Domestic Relations Order (QDRO)

Prove-Up

Presumed Parent

Marriage License

Joint-Custody

Declaring the Non-Existence of a Parent-Child Relationship

Dissolution of Civil Union

Voluntary Conversion of Civil Union to Marriage

Custodial Parent

Gestational Surrogacy Agreement

Voluntary Acknowledgement of Paternity (VAP)

Marital Property

Modifying a (Marital) Settlement Agreement

Caretaking Functions

IV-D Program

Civil Union Property

Modifying a Custody Arrangement

Divorce (Dissolution of Marriage)

(Marital) Settlement Agreement

Joint Petition for Simplified Dissolution

Property Divisions

Temporary Maintenance (Alimony)

Rescinding a Voluntary Acknowledgement of Paternity (VAP)

Civil Union License

Temporary Custody

Challenging a Voluntary Acknowledgement or Denial of Parentage

Allocation of Parental Responsibilities (Custody)

Non-Custodial Parent

Department of Family Services (HFS)

Parenting Plan

Conciliation

Adjudication of Parentage

Appealing or Modifying a Divorce Judgement

Legal Parent

Counter-Petition

Interim Attorney's Fees

Maintenance (Alimony)

Denial of Parentage

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Tax Exemptions for Minor Children

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