April 30th, 2015 at 6:36 pm
Currently, all issues related to marriage and divorce, including child custody, child support, and the division of a couple’s property are addressed by the Illinois Marriage and Dissolution of Marriage Act. This Act, though comprehensive, dates to the 1970s and many feel it is insufficient for the challenges and cultural trends that twenty-first century families face. To address these issues, lawmakers drafted Bill 57 to amend the state’s existing divorce laws. The bill passed in the Illinois House, but then died in Senate with no vote in 2014. In 2015, however, the proposed law was passed by both parts of government and was officially enacted on January 1, 2016.
The main goal of the bill was to avoid creating feelings of “winners” and “losers” in child custody agreements. Rather than establishing parental roles in terms of custody, the bill allows for the “allocation of parental responsibilities” in relationship to the child. Similar to the procedures currently in place for determining child custody, responsibility for decision-making and other parental obligations would be divided between the parents according to the best interest of the child
Changes in Senate Bill 57
The most significant change to Illinois’ current custody law in Bill 57 is the elimination of the delineation between joint vs. sole custody. Under this bill, each parent is assigned specific parenting tasks. This is intended to encourage both parents to remain involved in their children’s lives and limit litigation over minor disputes between parents
Critics have pointed out that the changes included in Bill 57 do not sufficiently address the realities that dual-income families face. Although in theory, parents affected by Bill 57 will share childcare duties, the Bill still allows one parent to be given the majority of parenting time while the other pays child support to him or her. This can not only create skewed parenting schedules for children, but fail to require parents to make equal financial contributions to their child’s well being.
Another important change included in Bill 57 is the removal of the requirement that divorcing couples prove grounds for their divorce. This portion is meant to acknowledge that in many cases, marriages fail simply because of differences in personality and goals. It also eliminates the right of an individual to sue his or her former spouse or the former spouse’s lover for committing adultery and destroying the marriage.
Divorce and Family Attorneys in the Chicago Area
If you are considering divorce, you should know how the laws regarding child custody and support affect your situation. Contact Anderson & Associates, P.C. at 312-345-9999 to discuss these changes with one of the experienced Illinois family law attorneys at our firm. We proudly serve Illinois families in our five office locations in Schaumburg, Northbrook, Orland Park, Wheaton, and downtown Chicago.