Family Law in Kankakee County
Kankakee County, located about 60 miles south of Chicago along the Kankakee River, is a community with a mix of urban and rural residents who face the full range of family legal challenges. The county seat of Kankakee serves as the hub for legal proceedings, and residents across communities like Bourbonnais, Bradley, and Manteno frequently find themselves navigating complex family law matters. Illinois family law can be intricate, particularly when it comes to divorce, child custody, and support determinations, making experienced legal guidance essential. Whether dealing with a contentious divorce or a straightforward adoption, a knowledgeable Family Law attorney can protect your rights and help you achieve the best possible outcome.
Courts Handling Family Law Cases in Kankakee County
Family Law matters in Kankakee County are handled primarily by the Circuit Court of Kankakee County, which is part of the 21st Judicial Circuit of Illinois. The courthouse is located at 450 East Court Street in Kankakee, where judges preside over cases involving divorce, child custody, adoption, orders of protection, and related domestic matters. Certain matters involving juveniles and child welfare may also be heard in the Juvenile Division of the Kankakee County Circuit Court.
Common Family Law Situations in Kankakee County
The most common Family Law situations in Kankakee County include divorce proceedings, disputes over the allocation of parental responsibilities and parenting time, and petitions to establish or modify child support under the Illinois Marriage and Dissolution of Marriage Act. Residents also frequently seek orders of protection due to domestic violence situations, as well as assistance with paternity establishment and adoption proceedings. Economic pressures and changing family dynamics in the region mean that post-decree modifications to support and custody arrangements are also increasingly common.
Penalties and Outcomes in Illinois
In Illinois Family Law, outcomes rather than traditional penalties govern most cases, but failure to comply with court orders can result in serious consequences including being held in contempt of court, fines, or even jail time. Parents who fail to pay court-ordered child support may face wage garnishment, suspension of their driver's license or professional licenses, and interception of tax refunds under Illinois law. In cases involving domestic violence, violations of an order of protection in Illinois can result in criminal charges, including Class A misdemeanor or felony charges depending on the circumstances.
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Why Go To Court for Family Law in Kankakee County
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Frequently Asked Questions
How is child custody determined in Kankakee County, Illinois?
In Illinois, child custody is referred to as the allocation of parental responsibilities and parenting time under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). Courts in Kankakee County determine these arrangements based on the best interests of the child, considering factors such as each parent's wishes, the child's adjustment to their home and community, the mental and physical health of all parties, and the willingness of each parent to facilitate a relationship between the child and the other parent. A judge may also consider the child's own preferences if the child is of sufficient maturity to express a reasoned preference.
How is child support calculated in Illinois?
Illinois uses an income shares model to calculate child support, which considers the combined net income of both parents and the amount of parenting time each parent exercises. The Illinois Department of Healthcare and Family Services provides guidelines and worksheets that attorneys and courts use to determine the appropriate support amount, taking into account each parent's net income after allowable deductions. Additional expenses such as healthcare, childcare, and extracurricular activities can also be factored into the final support order by the Kankakee County Circuit Court.
What is the process for getting a divorce in Kankakee County?
To file for divorce in Kankakee County, at least one spouse must have lived in Illinois for a minimum of 90 days before filing the petition with the Circuit Court of Kankakee County. Illinois is a no-fault divorce state, meaning the only ground for divorce is irreconcilable differences, and there is no required separation period if both spouses agree the marriage is irretrievably broken. Once filed, the court will address issues such as property division, spousal maintenance, child custody, and child support, either through negotiated settlement or a contested hearing before a judge.
How can I obtain an order of protection in Kankakee County?
An order of protection in Kankakee County can be obtained by filing a petition at the Circuit Court of Kankakee County, and emergency orders can be granted on the same day without the other party being present if there is an immediate risk of harm. Under the Illinois Domestic Violence Act of 1986 (750 ILCS 60), orders of protection can prohibit contact, require the abuser to vacate a shared residence, and grant temporary custody of children to the petitioner. A hearing for a plenary order of protection, which can last up to two years, will be scheduled so both parties have an opportunity to present their case.
Can child support or custody orders be modified in Illinois?
Yes, both child support and custody arrangements can be modified in Illinois if there has been a substantial change in circumstances since the original order was entered. For child support, Illinois allows a review if the existing order would result in a change of at least 20 percent or $10 per month when recalculated under current guidelines, or if it has been at least three years since the last order. For parenting time and the allocation of parental responsibilities, a parent must generally wait at least two years after the original order before seeking a modification, unless the child's current environment poses a serious risk to their health or well-being.