Publications

Illinois Bar Journal
Articles on Child Support

No credit for child-support overpayment By Helen W. Gunnarsson November 2004 Lawpulse, Page 562 The bottom line for obligors – pay what you owe and not a penny more, and keep track of what you pay.
Food Stamps Assistance Program allows for exclusion of child support payments in determining eligibility October 2004 Illinois Law Update, Page 514 The Department of Human Services recently adopted amendments to 89 Ill Adm Code 121. 
New weapons for child-support collection By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 Freshly passed bills promise to make child-support collection a little easier, and maybe a little less expensive.
Using QDROs to Collect Support Payments: The Impact of In re Marriage of Thomas By Joseph N. DuCanto September 2004 Article, Page 474 Thomas empowers courts to use an ex-spouse's pension benefits to meet maintenance and support obligations.
Is laches a defense to child-support claims? By Helen W. Gunnarsson July 2004 Lawpulse, Page 334 Probably not, no matter how long the obligee waits to collect; and the same goes for equitable estoppel.
Where obligor experiences a reduction in income as the result of a bad faith change in employment, the court will find no substantial change in circumstances justifying a reduction in child support June 2004 Illinois Law Update, Page 292 On March 4, 2004, the Fourth District Appellate Court affirmed the judgment of the Circuit Court of Champaign County, denying a father's petition to modify child support. 
Administrative order of the Department of Public Aid, establishing a lien on a joint account for collection of past-due child support, was against the manifest weight of documentary and testimonial evidence April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Second District, affirmed the judgment of the Circuit Court of Winnebago County, reversing an administrative order of the Illinois Department of Public Aid as against the manifest weight of the evidence.
Only those student loan payments which are "reasonable and necessary expenses for the production of income" are deductible when calculating net income for child support purposes April 2004 Illinois Law Update, Page 176 On January 28, 2004, the Appellate Court of Illinois, Fifth District, affirmed in part the order of the Circuit Court of Montgomery County modifying the child support obligor's support obligation, reversed in part and remanded for further proceedings. 
Trial court did not abuse its discretion in awarding $8,500 a month in child support even though the monthly amount spent on the child was $1,000 and the total monthly household expenses were $4,000. March 2004 Illinois Law Update, Page 124 On December 10, 2003, the Appellate Court of Illinois, Fourth District, upheld the order of the Circuit Court of Vermillion County ordering the non-custodial parent, a professional athlete, to pay $8,500 in monthly child support.
Calculating interest on child support; are you doing what the law requires? By Helen W. Gunnarsson December 2003 Lawpulse, Page 594 There's nothing interesting about calculating interest on overdue child support. But like it or not, you'd best not neglect it, which is what too many lawyers do.
Child support hearings streamlined June 2003 Illinois Law Update, Page 280 On March 24, 2003, the Department of Public Aid (department) adopted amendments to title 89 of the Illinois Administrative Code relating to the rules and practices in administrative hearings regarding child support. 89 Ill Adm Code 104.
Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.
Termination dates for child support orders clarified ; P.A. 92-0876 May 2003 Illinois Law Update, Page 226 Recent amendments to the Illinois Public Aid Code, 305 ILCS 5/10-2, clarify the requirements for termination of child support. Section 10-2.
Support group By Helen W. Gunnarsson April 2003 Lawpulse, Page 162 Members of an ISBA electronic discussion group offer pointers about how to squeeze child support out of an unemployed and unwilling parent.
Child support: pending privatization of the SDU raises concerns By Helen W. Gunnarsson November 2002 Lawpulse, Page 578 State officials say there's no cause for alarm, but some lawyers worry that changing vendors could once again muddle the child-support distribution system.
Child support obligations regarding medical insurance more strictly enforced September 2002 Illinois Law Update, Page 454 On July 1, 2002, the Department of Public Aid (department) amended section 160 of the Illinois Administrative Code to ensure child support obligations that include medical insurance coverage are satisfied.
Proposed legislation would revamp Illinois child-support enforcement By Helen W. Gunnarsson May 2002 Lawpulse, Page 226 HB 5140 would reduce the bureaucratic complexity of child-support enforcement by putting it in state's attorneys' hands.
Petition to modify child support cannot delay enforcement ; P.A. 92-289 February 2002 Illinois Law Update, Page 66 Gov. George H. Ryan recently approved legislation making it easier to go forward with litigation to collect child support.
Legislation allows publication of names of deadbeat parents who fail to pay child support P.A. 92-373 January 2002 Illinois Law Update, Page 14 In August, Gov. George H. Ryan signed into law Senate Bill 950, which amends the Illinois Public Aid Code, 305 ILCS 5/1-1 et seq., and provides that parents who owe more than $5,000 in child support and refuse to pay, could have their names added to a "deadbeats most wanted list" posted on the Internet.
Federal law prohibits state courts from ordering noncustodial parents to make child support payments out of their SSI allowance December 2001 Illinois Law Update, Page 624 On August 31, 2001, the Appellate Court of Illinois, Second District, vacated the lower court's judgment that a custodial unmarried father was entitled to child support payments from the child's mother, when the mother's only income was federal Supplemental Security Income (SSI).
All reasonable attorney fees incurred in collection of back-due child support must be awarded when a finding is made that the failure to pay had no compelling cause or justification October 2001 Illinois Law Update, Page 516 On August 17, 2001, the Appellate Court of Illinois, Second District, vacated the trial court's order and ordered the respondent to pay petitioner's reasonable attorney fees and costs.
The Lawyer's Journal By Bonnie C. McGrath February 2001 Column, Page 56 When does may mean must? When it comes to appealing interlocutory orders
Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order By Gunnar J. Gitlin and Chris S. Haaff August 2000 Article, Page 444 A review of the cases that have diminished appellate courts' power to review domestic relations cases.
The Lawyer's Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.
New changes in child support law; P.A. 91-677 March 2000 Illinois Law Update, Page 128 In a move to remedy some of the problems that have troubled the State Disbursement Unit for child support since its creation, Gov. George H. Ryan recently signed into law Public Act 91-677.
Lawmakers wrap up busy year on child support; “band-aid” bill sent to the governor February 2000 Illinois Law Update, Page 68 Child support has been one of the 91st General Assembly’s hottest issues. In fact, new laws from the regular session are already on the books.
The Lawyer's Journal By Bonnie McGrath February 2000 Column, Page 62 Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.
Child support enforcement November 1999 Illinois Law Update, Page 575 On September 1, 1999, the Illinois Department of Public Aid adopted emergency amendments to sections 104 and 160 of the Illinois Administrative Code. 89 Ill Adm Code 104, 160.
Enforcement of Child Support April 1999 Illinois Law Update, Page 190 On January 22, 1999, the Illinois Department of Public Aid adopted amendments to section 160. 89 Ill Adm Code 160.
Refusal of children to visit non-custodial parent does not relieve that parent of his obligation to provide financial support to the children. February 1999 Illinois Law Update, Page 73 On December 2, 1998, the fourth district of the Illinois Appellate Court affirmed the trial court's decision denying James Heldebrandt's motion to reduce or terminate his child support obligations to his five children.
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