This checklist outlines important steps to take after the Court has entered the final Judgment in your paternity case. Completing these items helps ensure compliance with the court orders and secures your rights and responsibilities.
- Review and Securely Store Court Orders:
- Carefully review your Judgment of Paternity and any related Allocation Judgment (which details parental responsibilities and parenting time) and any other court orders. Understand all deadlines and requirements.
- We recommend storing at least one paper copy in a secure location, like a fireproof box or bank safe deposit box.
- Create at least two digital copies and store them in different locations (e.g., one on a portable hard drive, one on a secure cloud service).
- Child’s Name Change or Birth Certificate Amendment (If Ordered):
- If your Judgment of Paternity includes an order changing the child’s legal name or requiring the child’s birth certificate to be amended (e.g., to add the father’s name), you must take steps to formalize this.
- Follow the procedures required by the Illinois Department of Public Health, Office of Vital Records, to effectuate these changes. This may involve submitting specific forms and a certified copy of the court order.
- Contact STG Divorce Law if you require assistance or clarification on this process.
- Update Personal Information:
- Notify relevant agencies of any address changes to ensure you receive important notices (e.g., related to child support).
- Contact the Illinois Secretary of State for driver’s license/ID address updates at (800) 252-8980 or http://www.cyberdriveillinois.com/.
- If applicable (e.g., receiving Social Security benefits yourself), update your address with the Social Security Administration at (800) 772-1213 or http://www.ssa.gov/.
- If applicable: If your own name was legally changed as part of any related proceeding, update it with the SSA and Secretary of State.
- Notify relevant agencies of any address changes to ensure you receive important notices (e.g., related to child support).
- Child Support Matters:
- Payment/Receipt:
- Familiarize yourself with the relevant Child Support Division contact information for your county (if applicable):
- DeKalb County: (815) 895-7139
- DuPage County: (630) 407-8699
- Kane County: (630) 232-3413
- Kendall County: (630) 553-4183
- Will County: (815) 727-8592 ext. 3035
- Update the Child Support Division immediately regarding any changes in your address or employment status. This is crucial for both paying and receiving parents.
- State Disbursement Unit (SDU):
- If paying support, an Income Withholding for Support order will likely be sent to your employer. Ensure this is processed correctly. Cooperate with your employer to provide necessary information.
- If receiving support, sign up for Direct Deposit via the SDU website at https://www.ilsdu.com/for efficient payment processing.
- If your order requires direct electronic payments (e.g., Zelle) for support or other child-related expenses, ensure you make/receive these payments accurately and on time. Keep meticulous records.
- Familiarize yourself with the relevant Child Support Division contact information for your county (if applicable):
- Tax Implications: Understanding the tax rules related to claiming your child is crucial.
- Consult with a tax professional regarding who is entitled to claim the child as a dependent and related tax credits (like the Child Tax Credit), as specified in your Judgment of Paternity or Allocation Judgment.
- IRS Publication 504 (Divorced or Separated Individuals) provides detailed guidance on these rules, many of which also apply to parents subject to a custody order who were never married. You can find it at: https://www.irs.gov/publications/p504
- Generally, the custodial parent (the parent with whom the child resides for more than half the year) is the one entitled to claim the child for tax purposes. However, if your Judgment assigns the right to claim the child to the non-custodial parent for certain tax years, the custodial parent must typically sign IRS Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent), giving permission.
- The non-custodial parent must attach a copy of the signed Form 8332 to their tax return for each year they are claiming the child based on this release from the custodial parent. Failure to attach the required, properly signed form can lead to the IRS disallowing the claim during review or audit. You can find Form 8332 and its instructions at: https://www.irs.gov/forms-pubs/about-form-8332
- Payment/Receipt:
- Child’s Healthcare and Insurance:
- Review the section of your Judgment detailing requirements for the child’s health insurance coverage (medical, dental, vision).
- Ensure the child is enrolled in a health insurance plan as ordered. Provide the other parent with insurance cards and information as required by the Judgment.
- Understand the procedure outlined in your Judgment for handling uninsured medical expenses: how they are divided, the timeframe for submitting bills to the other parent, and the timeframe for reimbursement. Keep clear records and receipts for all expenses incurred and payments made/received.
- Life Insurance (If Ordered): If the Judgment requires either parent to obtain or maintain life insurance (often to secure future child support obligations), ensure the policy is in effect for the required amount and duration. Confirm that the beneficiary designation complies with the court order (e.g., naming the child, the other parent as trustee for the child, etc.). Provide proof of coverage to the other parent if required.
- School/Daycare Contacts and Authorizations:
- Ensure that the child’s school and daycare providers have up-to-date contact information for both parents.
- Review your Allocation Judgment regarding each parent’s rights to access school records and participate in school activities or decision-making.
- Unless restricted by the court order, ensure both parents are listed as emergency contacts. Confirm that both parents are authorized for pickup, consistent with the parenting time schedule and any specific provisions in your Judgment regarding exchanges or transportation.
- Child’s Education Matters (If Addressed):
- College Expenses: If college expense contributions were addressed or specifically reserved in your Judgment:
- Calendar any deadlines or triggers for addressing this issue (often the child’s junior or senior year of high school).
- Contact STG Divorce Law, P.C. well in advance of deadlines (e.g., during your child’s senior year) to prepare necessary petitions or agreements for college expense contributions. Filing promptly is essential to preserve your rights or obligations regarding these expenses.
- Education Savings Accounts (e.g., 529 Plans): Review any provisions in your Judgment regarding these accounts. Update beneficiary designations or account ownership/access if necessary based on the Judgment or your personal financial planning.
- College Expenses: If college expense contributions were addressed or specifically reserved in your Judgment:
- Estate Planning:
- Establishing legal parentage significantly impacts estate planning. It ensures your child is legally recognized as your heir.
- Contact STG Divorce Law, P.C. for referrals to an estate planning attorney to prepare or revise your estate plan (will, trust, etc.). This is crucial to ensure your child is provided for according to your wishes and to nominate potential guardians for your child in case of your incapacity or death.
- Have Powers of Attorney for Healthcare and Property prepared or updated to reflect your current circumstances and wishes.
- Digital Life and Co-Parenting Communication:
- Consider updating passwords for personal online accounts, especially if any access might have been shared previously.
- If you shared digital accounts related to the child with the other parent (e.g., cloud photo storage, apps for tracking shared expenses or schedules), clarify usage and access moving forward based on your co-parenting relationship and any court orders.
- Adhere to the communication protocols specified in your Allocation Judgment or parenting plan (e.g., using a co-parenting app, email, text). Maintain respectful and child-focused communication with the other parent.
- Ongoing Support, Mediation, and Future Modifications:
- Mediation Requirement: Many Allocation Judgments require parents to attend mediation to resolve disputes regarding parenting issues (except in emergencies, such as those involving endangerment to the child) before filing any motions with the court. Familiarize yourself with any such requirements in your specific orders. If a non-emergency dispute arises regarding parenting time or parental responsibilities, contact STG Divorce Law, P.C. first. We can provide referrals to qualified mediators experienced in family law matters and offer legal guidance to help you prepare for and navigate the mediation process effectively.
- Modifications: Understand that child support, allocation of parental responsibilities, and parenting time can potentially be modified in the future if there is a substantial change in circumstances (e.g., significant income change, relocation, change in child’s needs). Contact STG Divorce Law, P.C. if you experience or anticipate a substantial change in circumstances that might warrant a modification of the existing orders.
- Emotional Support: Adjusting to co-parenting can be challenging. Consider seeking therapy or joining support groups if needed. Our Illinois Divorce Support Network on Facebook may also offer peer support.
- Future Relationships:
- If you are considering marriage or cohabitation with a new partner, be aware this could potentially impact certain aspects of your parenting plan (e.g., relocation) or future financial considerations related to child support modifications.
- If entering a new relationship involving shared finances or assets, especially if considering marriage, contact STG Divorce Law, P.C. to discuss the potential benefits of a Prenuptial Agreement to protect your interests and clarify financial expectations.