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Parentage Cases Part II: How Similar are Divorce and Parentage Cases?

Posted by Gina Colaluca | Jul 28, 2017 | 0 Comments

In my last blog post, we discussed the main differences between Parentage and Divorce cases. Although Parentage cases deal with unmarried parents whereas Divorce deals with married couples, there are several similarities between the two types of cases, especially when it comes to child support and allocation of parental responsibilities.  In fact, the Illinois Parentage Act of 2015 often requires parentage issues involving child support and allocation of parental responsibilities to be resolved under the laws set forth in the Illinois Marriage and Dissolution of Marriage Act. As a result, although parentage cases are adjudicated under a separate statute than the Illinois Marriage and Dissolution of Marriage Act, when it comes to issues involving children, the law is essentially the same.

For instance, Section 501 of the Illinois Parentage Act of 2015 provides that a Parentage court has the authority to order temporary child support and temporary allocation of parental responsibilities and parenting time. However, with respect to temporary child support, the Parentage Act of 2015 states “the court shall use the guidelines and standards set forth in Sections 505, 505.2, and 513.5 of the Illinois Marriage and Dissolution of Marriage Act.” Similarly, with respect to temporary orders involving parental responsibilities and parenting time, the Parentage Act of 2015 states “a temporary order may include provisions for the allocation of parental responsibilities and parenting time as provided by the Illinois Marriage and Dissolution of Marriage Act.” In addition to temporary orders, the court must look to factors set forth in the Illinois Marriage and Dissolution of Marriage Act in awarding child support judgments at the conclusion of the case.  

If you need to file a complaint for child support or parenting time, our attorneys are well versed in parentage law. Feel free to contact our office for your free consultation today!

About the Author

Gina Colaluca

Gina L. Colaluca began working as an Associate Attorney at the Law Offices of Laura A. Holwell in 2013, where she focused her practice mainly in Family Law. She now continues to focus on Family Law, as well as Insurance Law and Appellate Law, here at Holwell Law Group, LLC.

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