Publications

Illinois Bar Journal
Articles on Child Support

Gambling facilities now required to withhold winnings for delinquent child support February 2014 Illinois Law Update, Page 68 "State gaming licensees" including race track wagering facilities, riverboat gambling facilities, or other licensees that operate facilities at which lawful gambling may take place will now be required by the State to withhold winnings where the winner has past due child support payments.
Supreme court requires strict compliance for garnishment notices By Adam W. Lasker January 2014 Lawpulse, Page 10 Serving a withholding notice on a child-support obligor's employer? Make sure to include the required information (think social security number) or the employer won't be forced to comply.
Who Pays for Unallocated College Expenses After Divorce? By Roman J. Seckel January 2014 Article, Page 28 What happens when a child of divorce's college tuition bill comes due and the parties didn't specify who pays? The language in the divorce decree can make all the difference.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support August 2013 Illinois Law Update, Page 392 Howard Mayfield ("Mayfield") and Shannon Dykes ("Dykes") divorced in 2003. Dykes received primary custody of their two children, and Mayfield was ordered to pay $158.50 per week in child support.
Self-employed persons in violation of court order to pay support can be penalized further than what is already provided by law. PA 097-1029 January 2013 Illinois Law Update, Page 16 Illinois 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 services September 2012 Illinois Law Update, Page 464 The 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 calculations August 2012 Illinois Law Update, Page 404 On 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 calculation By Adam W. Lasker July 2012 Lawpulse, Page 346 The 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 IMDMA April 2011 Illinois Law Update, Page 180 On 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).
Vailas: An Ill-Conceived Limit on Modifying Child Support Orders By Professor Jeffrey A. Parness March 2011 Column, Page 160 While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.
Personal service on father insufficient for jurisdiction to modify foreign child support order February 2011 Illinois Law Update, Page 72 On 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 Payors By Burton S. Hochberg and Kimberly A. Cook January 2011 Article, Page 24 Is 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 evidence By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 Make 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 Litigation By Reuben A. Bernick June 2010 Article, Page 310 Are 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.
The Price of Not Paying: Tools for Enforcing Child-Support Collection By Sara L. Busche January 2009 Article, Page 32 Illinois child-support obligors who refuse to pay risk losing driving privileges, professional licenses, the right to hunt or fish, and other penalties.
A new definition of marital property? By Helen W. Gunnarsson August 2008 Lawpulse, 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 support July 2008 Illinois Law Update, Page 340 On 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.
Child support obligation survives termination of parental rights By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 Must a father whose parental rights have been terminated still pay child support? The supreme court says "yes" in IDHFS v Warner.
Correspondence from Our Readers March 2008 Column, Page 114 Warrior to peacemaker; ADR [is] an industry ;  Miller's mandatory penalty.  
Court upholds $1 million penalty arising out of $12,000 support debt By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 The 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 income By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 The 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. Maksimuk September 2007 Article, Page 478 What constitutes "net income" for purposes of calculating a payor's child-support obligation? A look at the cases.
2007 Spring Session Roundup By Jim Covington August 2007 Column, Page 408 Highlights of this year's legislative session.
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty February 2007 Illinois Law Update, Page 72 The 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 094-0971 November 2006 Illinois Law Update, Page 584 In 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. 
Rules for interest accrual on child support judgments are clarified October 2006 Illinois Law Update, Page 526 Effective July 28, 2006, the Illinois Department of Healthcare and Family Services (Department) has amended part 160 of title 89, 89 Ill Adm Code 160. 
Asked and Answered September 2006 Column, Page 499 Can a client's unemployed ex reduce his child support obligation?
Equitable estoppel not inapplicable to private alterations of child support orders July 2006 Illinois Law Update, Page 334 On 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. 
Interest on Past-Due Maintenance and Child Support: the New Calculus By David B. Yavitz February 2006 Article, Page 76 A new law imposes interest on overdue support and changes the formula for calculating interest.
Collection agencies may not collect fees to recover child support payments - PA 093-0896 June 2005 Illinois Law Update, Page 280 A collection agency may not impose a fee or charge, including costs, for any child support payments collected through the efforts of a federal, state, or local government agency.