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How to put someone on child support in illinois


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Enrolling for services is easy, and best of all, free! Simply enroll by completing a Child Support Application. If you have an active case with our Department or have already completed an application, please do not send another one unless your case is closed. 

For quick or simple questions, to verify information or to have an application sent to you by email or mail, Contact Us. Or contact a customer service specialist at 1-800-447-4278 (available Monday – Friday, 8:00 am - 4:30 pm). For TTY, please call 1-800-526-5812. 

WE CAN HELP YOU:

  • Establish Paternity
  • Establish or enforce an order for child support, including medical support (health insurance)
  • Change the amount of, or modify, a support order
  • Collect current and past due payments
  • Locate the parent who does not live with the child

Establish Paternity

It is important for children to know both of their parents. If the parents are not married when the baby is born, we can help confirm and document who the father is. We can help establish paternity by using a Voluntary Acknowledgement of Paternity (VAP) form. The VAP must be signed by both parents to establish paternity without going to court. Alternatively, paternity can be established by genetic testing. Establishing paternity creates a legal relationship between the father and the child.

Establish an Order

After paternity has been established, we can help you obtain a child support order. This is a legal document that states when, how often and how much a parent is to pay for child support. This may include medical support.Sometimes medical support is a dollar amount to be paid by the parent who owes support and sometimes that parent is ordered to provide medical insurance for the child(ren). Use our Child Support Estimator to get a general idea of the dollar amount in child support you could receive in accordance with State of Illinois guidelines. For assistance establishing an order, complete a Child Support Application. 

Enforce an Order

We understand that sometimes things do not turn out the way you planned. However, when a child is involved, it's important for everyone to focus on the well-being of the child. It's our job to make sure the order is enforced. We strive to work cooperatively with both parents to meet the needs of the child. The Department can enforce a child support order by serving an income withholding notice to the employer of the parent who owes the child support.

Change the Amount of, or Modify, an Order

The Division of Child Support Services can review child support orders to ensure child support awards are in line with Illinois law and changing circumstances.Generally, a modification is a result of a substantial change in circumstance related to a parent's income. A review could determine if child support payments should remain the same, increase or decrease. Visit the Request a Modification link for more information.

Collect Current and/or Past Due Payments

We strive to work cooperatively with both parents to meet the needs of the child. If your support is not being paid, we will use the following methods to attempt to collect child support payments:

  • Tax offset intercept
  • Credit agency reporting
  • Passport denial
  • License denial or suspension (driver's, hunting, fishing, professional)
  • Lien on bank accounts, property, etc.
  • Court hearing
  • Collection of unemployment benefits

DCSS will continue to track balances and will add a delinquent amount to any future income withholding until the past due support is paid.

Locate Parents
  

If you do not know where the other parent lives or works, we can help! Even if the parent is in another state or country, we can still provide you with our free services. To help locate a parent, we use the U.S. Postal Service, National New Hire Reporting Service, Federal Parent Locator Service, Illinois Department of Employment Security and the Illinois Secretary of State. 

Please note, DCSS cannot provide legal advice such as how to:

  • Obtain a divorce
  • Obtain or change custody or visitation
  • Obtain an order to provide college expenses

Parents

Starting a case to get child support

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

Note: Covid-19 is changing many areas of the law. Visit our Covid-19 articles for the latest information.

You must establish that the parent you are trying to receive child support from is actually the parent of your child.  Please read Establishing parentage (paternity) before completing the next steps.  

Fill out your child support forms

Fill out and sign the forms listed below. Make at least 3 copies of each form. You can also find all the forms on the Illinois Courts website.

For married parents:

  • Petition for Dissolution of Marriage: Complete this form to get an uncontested divorce, including allocation of parental responsibilities and child support. Learn more about Getting a divorce.
  • Petition for Temporary Child Support: This form is not required, but you can use it to get child support during the time your case is being decided.
  • Summons: Tells the other person that a lawsuit was filed against them.
  • Petition for Child Support: Sometimes individuals do not want to get divorced from his or her spouse, but are separated from them.  In this situation, you can still request child support, but need to do it through this form.  You can also accomplish this by filing a Petition for Separation through which you can deal with additional issues beyond just child support. 

For unmarried parents:

  • Mother's Petition for Parentage and Allocation of Parental Responsibilities: Asks the court to establish parentage (paternity) and give the parent responsibilities over the child.
  • Father's Petition for Parentage and Allocation of Parental Responsibilities: Asks the court to establish parentage (paternity) and give the parent responsibilities over the child.
  • Summons: Tells the other person that a lawsuit was filed against them.

If you do not have money to pay court fees, you should also fill out the below application:

  • Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.

File your forms with the court

Now that you have filled out your forms, take the following actions:

  • File the forms with the circuit clerk at the courthouse in the county where you live to start your court case. You may be able to file online. Check your local circuit clerk's website to see if online filing is an option.
  • Pay the court filing fee or get a fee waiver. There are fees to file most court forms. The fees depend on what kind of case you have. To find out how much the fees are, contact your local circuit clerk's office. If you don't have the money to pay the fees, file the Application for Waiver of Court Fees you filled out in Step 1. The court will review your Application for Waiver of Court Fees and decide whether you have to pay the court fees.
  • The circuit clerk will stamp and keep the original forms. Have the circuit clerk also stamp the extra copies of your forms. Keep at least one copy for your records.
  • Ask the circuit clerk for the first court date. The circuit clerk will either give you the court date when you ask or tell you how you will find it out.

Tell the other party about your case

After filing, you must send the other party or parties a summons and attach the petition. A summons is a document that tells a person about the lawsuit and when to come to court. Here are the rules to know about a summons:

  • You must make sure the other party gets the summons;
  • There is usually a cost to having a summons served. The cost depends on how the other party is served; and
  • If you do not give the other party a summons telling them about your lawsuit within the required time, the lawsuit may be dismissed because there was not proper notice of the lawsuit.

Learn more about Serving a summons.

Fill out financial affidavit

Usually, the judge will ask you to complete a Financial Affidavit before the court hearing date at which you present your evidence. These forms ask for information about your income, property, assets, debts, and monthly expenses. Many circuit clerk offices have blank financial affidavits for you to fill out and file.

  • Financial Affidavit: Use this link to help you prepare a financial affidavit for use in Illinois.

Once you fill it out, file it with the circuit clerk and send a copy of it to the other parent. You must send a copy of anything you file with the circuit clerk to the other parent, and then file a proof of service that shows that you sent that copy to the other parent.

Going to court for a child support case

You will go to court on the set court hearing date and present your case.

It is important to follow the below suggestions when going to court:

  • Get to the courthouse at least 30 minutes before your hearing time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
  • Check-in quietly with the courtroom staff and wait for your name and case number to be called;
  • When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next; and
  • Always refer to the judge as “Your Honor.”
  • Bring copies of all the documents you filed and any papers relating to what you are requesting, including your request for child support, paystubs, bank statements, tax returns from recent years, receipts for childcare expenses, receipts for extracurricular activities you have your child enrolled in, receipts for school expenses, and receipts for health care expenses;
  • The judge may ask you about your case;
  • To testify, you will need to call yourself as a witness. The judge or the judge's clerk will put you under oath and you will present your testimony.

When you testify, your testimony should include:

  • Your name and address;
  • The other parent's name;
  • The names and birth dates of your child; and
  • Who the child lives with

You should also provide more detailed information, such as:

  • Tell the judge exactly what you are asking for. For example, tell the judge if you are asking for child support. Or tell the judge if you want the other parent to contribute to specific expenses such as childcare, educational, extracurricular activities, and healthcare;
  • If you are asking that the other parent contributes to any of the expenses noted above, be ready to explain to the judge why those expenses are necessary. For example, you need childcare because you need to work to provide for your child;

You should also bring to court any evidence that you have to prove your case. Useful evidence that can help you prove your case includes the other parent's:

  • Paystubs,
  • Tax returns,
  • Bank statements, and
  • Anything else that shows how much money the other parent makes.

When the judge makes a decision, he or she will likely issue the Order for Support.

Mail form to the other parent's employer

You should then mail the Order for Support, Income Withholding for Support form, and a Letter to Employer form to the other parent's employer. It is best to send these by certified mail so that you have proof they are delivered to the employer. That way, the child support will automatically be deducted from the other parent's paycheck and sent to you through the Illinois State Disbursement Unit.

The mailing address of the Illinois State Disbursement Unit, where child support should be mailed, is P.O. Box 5400, Carol Stream, IL 60197-5400.

Last full review by a subject matter expert

October 21, 2019

Last revised by staff

May 24, 2020

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In what currency should a foreigner pay child support - Legal advice

Gilles Andishu (Lipetsk) 07/21/2022 Heading: Family

I am French, my income is indicated in euros. How should alimony for my minor daughter be calculated and paid: in euros or in rubles?

Alimony

Vahram Davtyan

Consultations: 51

According to art. 163 of the RF IC, the rights and obligations of parents and children, including the obligation of parents to support children, are determined by the legislation of the state in whose territory they have a joint place of residence. In the absence of a joint place of residence of parents and children, the rights and obligations of parents and children are determined by the legislation of the state of which the child is a citizen. At the request of the plaintiff, the legislation of the state in whose territory the child permanently resides may be applied to maintenance obligations and to other relations between parents and children.

The above provision establishes the possibility of applying Russian law when collecting alimony.

According to Art. 80 of the RF IC, parents are obliged to support their minor children. Parents have the right to conclude an agreement on the maintenance of their minor children. In the absence of an agreement between the parents, in the event that one of the parents does not provide maintenance for his minor child, the funds for the maintenance of minor children are collected in court.

Thus, the parents of a child have the right to voluntarily conclude an agreement on the payment of alimony, which may provide for the amount, conditions, procedure and form of payment of alimony, including by transferring money for the maintenance of the child to a bank account opened in the name of the minor.

In the absence of agreement between the parents, the amount of alimony collected in court is determined taking into account the provisions of paragraph 1 of Art. 81, paragraph 1 of Art. 83 RF IC.

So, by virtue of paragraph 1 of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of earnings and (or) other income parents.

According to paragraph 1 of Art. 83 of the Family Code of the Russian Federation, the collection of alimony for minor children can also be made in hard money in the absence of an agreement between the parents on the payment of alimony for minor children, and also in cases where the parent obliged to pay alimony has irregular, changing earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony as a share of earnings and ( or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares and in a fixed amount of money.

Based on Art. 75 of the Constitution of the Russian Federation, the monetary unit in the Russian Federation is the Russian ruble.

The procedure for foreclosing wages, as well as types of income, the procedure for collecting alimony, including in foreign currency, are governed by the provisions of Art. 70 and ch. 11 (Art. 98-102) of the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings".

The relationship of these articles and their analysis allows us to conclude that when resolving the issue of withholding alimony in foreign currency and calculating the amount of money in Russian rubles (in the event that alimony is established by a judicial act not in a fixed amount of money, but in proportion to wages payment) the bailiff, by his decision, obliges the bank or other credit organization in which the funds are located in foreign currency, to sell the debtor's foreign currency in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of costs for enforcement actions and performance fee imposed by the bailiff-executor in the process of execution of the executive document.

You can also read the article on our website for more information about child support.

Thank you:

Family Law – Sharifov & Associates – Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.

divorce by consent in New York

Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

order of protection in new york

2. How can I get an order of protection in case family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").

The Domestic Violence Petition, unless both parties agree, is decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Occasionally, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for the duration of both relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

Parties in a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.

5. What is custody (custody) and how is the issue of children's residence after a divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

6. Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.

child support in New York

9. Will I be able to pay child support less than what is required by law?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time?

Once again, if you are unable to reach an agreement with the other party to reduce child support, it will be extremely difficult for you to convince the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute.

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

OK with this parent?

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support.

Here are a few factors that are considered the most significant:

  • length of marriage; the age and state of health of each spouse;
  • present and future earning potential for each of the spouses;
  • your opportunity to become financially independent;
  • reduced or lost earnings opportunity due to denial or delay in education, training, work, or career development during marriage;
  • having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which he is already accustomed, assuming that the child is fine in this environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.

18. I bought our house before our marriage with funds I purchased before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse taking all the money out of a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business?

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a delinquent juvenile between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile offender, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.

  • If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
  • Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
  • If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled. However, a healthy spouse may be required to maintain a mentally ill spouse for life.
  • The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
  • A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?

Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are entered into. Such marriages include incest and bigamy.

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