Shaw, Jacobs & Associates, P.C.: Attorneys at Law -  555 South Randall Road, Suite 205  St. Charles, Illinois 60174 - Telephone: (630) 584-4800 Facsimile: (630) 513-8565
Areas of Focus
Adoption Child Custody Child Support Divorce High Net Worth/High Asset Divorce Legal Separation Maintenance / Alimony Orders of Protection Paternity Pre-Marital Agreements Property Distribution Visitation Uncontested Divorce and Agreed Orders
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Tel: (630) 584-4800
FaX: (630) 513-8565
info@familydivorcelaw.com
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Uniform Child Custody Jurisdiction and Enforcement Act

Too often, a parent, who did not like a child custody or visitation ruling in one state, would take the child to another state. In the new state, the parent could seek a new custody order or simply avoid the reach of the other parent's attempts to have the custody order of the first state enforced in the second state. To combat these problems the Uniform Child Custody Jurisdiction Act was drafted. In 1997, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address issues that arose from the application of Uniform Child Custody Jurisdiction Act. The UCCJEA provides interstate enforcement procedures for child custody and visitation orders.

Criminal Penalties for Failure to Pay Child Support

The Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, makes it a federal crime to flee a state in order to avoid paying a child support arrearage. States use criminal contempt to punish parents who fail to pay child support upon a finding of an intentional failure to comply with a court order of support.

Expert Witnesses in Child Custody Proceedings

The rules of evidence employed by the courts in legal actions set out the qualifications for expert witnesses, which may be said in a general way to consist of a level of education, training, or experience that has created in such a witness a degree of knowledge about a particular scientific or technical subject that is greater than the knowledge of such a subject possessed by people lacking such education, training, or experience. Unlike most witnesses, whose testimony in court proceedings is limited to factual matters actually known to them, expert witnesses are permitted, based on the factual evidence that has been presented in court, to express their opinions on issues related to the technical subjects within their areas of expertise. Extensive use of expert witnesses is made in both civil and criminal proceedings in the United States.

Involuntary Child Custody Proceedings under the Indian Child Welfare Act

When an agency of a state believes that it is the best interests of a child, who could be of Native American descent, to take involuntary custody of the child from his or her parents, the procedures set forth in the Indian Child Welfare Act must be followed. The Act requires notice, a right to intervene in the proceedings by the child's tribe and Indian custodian, appointment of counsel for an indigent parent or Indian custodian, access to court records, and jurisdictional and trial considerations.

Retroactive Child Support Awards

In most states, initial child support awards may be made retroactive to the date of filing and modifications may be retroaction to the date a modification is requested. In some states, retroactivity is mandatory, and in others, it is discretionary.

555 South Randall Road, Suite 200, St. Charles, Illinois 60174 Telephone: (630) 584-4800 Facsimile: (630) 513-8565
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