Self-employed persons in violation of court order to pay support can be penalized further than what is already provided by law. PA 097-1029January 2013Illinois Law Update, Page 16Illinois lawmakers have amended the Illinois Public Aid Code (305 ILCS 5/10-10), the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the Non-Support Punishment Act (750 ILCS 16/20), and the Illinois Parentage Act of 1984 (750 ILCS 45/15) by providing additional penalties for persons who are self-employed or conduct a business and are found in contempt of a court order to pay support.
Changes to practice in administrative hearings and child support servicesSeptember 2012Illinois Law Update, Page 464The Department of Healthcare and Family Services ("the Department") recently adopted amendments to the regulations governing the practice in administrative hearings. 89 Ill. Adm.
Savings withdrawals do not qualify as net income for child support calculationsAugust 2012Illinois Law Update, Page 404On May 24, 2012, the Illinois Supreme Court held that, for purposes of determining child support under section 505 of the Illinois Marriage and Dissolution of Marriage Act ("the Act"), an individual does not have net income when withdrawing money from a personal savings account.
Savings are not ‘income’ for child-support calculationBy Adam W. LaskerJuly 2012Lawpulse, Page 346The Illinois Supreme Court rules that a noncustodial parent’s savings are not “income” but can nonetheless be used for support if circumstances warrant.
Past child support payments began to bear interest in 1987 through amendment to IMDMAApril 2011Illinois Law Update, Page 180On January 21, 2011, the Supreme Court of Illinois vacated and remanded a judgment of the Circuit Court of Cook County, holding that past child support payments began to bear mandatory interest in 1987 through amendments to the Marriage and Dissolution of Marriage Act. See 750 ILCS 5/505(d).
Personal service on father insufficient for jurisdiction to modify foreign child support orderFebruary 2011Illinois Law Update, Page 72On November 16, 2010, the Appellate Court of Illinois, First District, held that personal service on a parent is not sufficient to establish jurisdiction under the Uniform Interstate Family Support Act for modification of a foreign child support order.
Maintenance, Support, and Underemployed PayorsBy Burton S. Hochberg and Kimberly A. CookJanuary 2011Article, Page 24Is your client's ex unwilling to get work or deliberately taking a lesser-paying job to avoid paying support or maintenance?
Here are resources and remedies you need to know about.
Family law software: not exempt from the rules of evidenceBy Helen W. GunnarssonAugust 2010Lawpulse, Page 394Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.
When Property Becomes Income in Post-Judgment Divorce LitigationBy Reuben A. BernickJune 2010Article, Page 310Are the assets your client got in divorce really "free and clear of all claims" by the ex-spouse? If they're retirement benefits and the claims are for child support, probably not.
A new definition of marital property?By Helen W. GunnarssonAugust 2008Lawpulse, Page 384 A controversial ruling allows a child-support obligee to lay claim to property held in the name of the obligor's new spouse.
Court upholds penalty against employer for not withholding income for child supportJuly 2008Illinois Law Update, Page 340On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
Correspondence from Our ReadersMarch 2008Column, Page 114Warrior to peacemaker; ADR [is] an industry ; Miller's mandatory penalty.
Court upholds $1 million penalty arising out of $12,000 support debtBy Helen W. GunnarssonJanuary 2008Lawpulse, Page 10The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
Court upholds support-arrearage payments at 60 percent of incomeBy Helen W. GunnarssonSeptember 2007Lawpulse, Page 454The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.
Defining a Child-Support Payor's "Net Income"By Gregory C. MaksimukSeptember 2007Article, Page 478What constitutes "net income" for purposes of calculating a payor's child-support obligation? A look at the cases.
2007 Spring Session RoundupBy Jim CovingtonAugust 2007Column, Page 408Highlights of this year's legislative session.
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penaltyFebruary 2007Illinois Law Update, Page 72The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
Guidelines for child support arrearage compromises created - PA 094-0971November 2006Illinois Law Update, Page 584In order to allow the Department of Healthcare and Family Services (Department) to make compromise arrangements for assigned child support arrearages, the Illinois General Assembly has added section 10-17.12 to the Illinois Public Aid Code. 305 ILCS 5/10-17.12.
Asked and AnsweredSeptember 2006Column, Page 499Can a client's unemployed ex reduce his child support obligation?
Equitable estoppel not inapplicable to private alterations of child support ordersJuly 2006Illinois Law Update, Page 334On April 19, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which found that it had no authority to determine whether equitable estoppel prevented a mother from collecting unpaid child support from the father.
Social Security and child supportBy Helen W. GunnarssonFebruary 2005Lawpulse, Page 62To what extent do benefits constitute income for purposes of determining a parent's child support obligation?
Rogers: Gifts are income when calculating support owedBy Helen W. GunnarssonJanuary 2005Lawpulse, Page 8The Illinois Supreme Court rules that gifts to a noncustodial parent constitute income for purposes of determining his or her support obligation.
