Publications

Section Newsletter Articles on Child Support

Income for child support By William J. Scott Family Law, March 2014 The author makes his case for a more well-thought-out method for calculating child support.
Child support, daycare, extracurricular activities, uninsured medical expenses By Michael Strauss Child Law, February 2014 In Carlson-Urbanczyk, the Third District Appellate Court held that the ordering of the extra items has to be supported by the record and constitutes a deviation upward from the percentage child support.
Child support—It should be about dollars and sense By Jon J. Racklin Family Law, February 2014 The author shares his thoughts on child support.
Are we creating monsters? Court holds adult children lacked standing to bring claim for college expenses under 513 By Julia Pucci Family Law, November 2013 A summary of the recent case of In re Marriage of Vondra.
Child support income withholding notices not just an afterthought By Jennifer A. Shaw and Barry T. Underwood Family Law, September 2013 Within the last 18 months, significant changes have been made to both Federal and State laws governing IWOs. Failure to recognize the latest protocols could result in complaints to the ARDC or charges of malpractice as the penalties attributable to employers who fail to withhold are substantial.
Child support enforcement and creation of a substantial fugitive class of offenders By Joseph N. DuCanto Family Law, August 2013 Meaningful change in child support enforcement must first deal with modification or elimination of federal law absolutely prohibiting any settlement, reduction or forgiveness of child support awards by any state tribunal.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support Workers' Compensation Law, August 2013 The question on appeal to the Illinois Supreme Court was “whether the Trials Courts have discretion, in awarding child support, to apportion a [workers’] compensation settlement that is intended, by its terms, as a life-time disability award to equitably meet all parties’ needs.”
Post-majority support for education in Illinois By Jennifer Wood Child Law, August 2013 While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.
Retroactivity of child support By Jon D. McLaughlin Child Law, August 2013 A look at a few situations where retroactive child support would be allowed.
Chair’s column—Child support plus By William J. Scott Jr. Family Law, May 2013 The debate continues about what kind of child support system Illinois should have.
The road less traveled: Using Illinois courts as a vehicle to award unallocated maintenance & child support By Leon I. Finkel and Danielle E. Ahlzadeh Family Law, April 2013 Illinois courts have both the discretion and the power to award unallocated maintenance and child support to divorcing couples.
Navigating hidden dangers of child support, alimony and deductibility By Catherine D. Delgadillo Family Law, July 2012 The idea of unallocated support as a tax advantage is tempting, but a great deal of care must be taken in the drafting of such an agreement. 
The disparities in the calculation of net income as it relates to child support: The Supreme Court provides well-reasoned clarity and direction in In re McGrath By Erin J. Bognar Family Law, June 2012 What if, for example, a parent has received little to no actual gain from an amount of funds or investment, but he/she uses those funds as their sole source for paying all of their basic and discretionary expenses, in lieu of income from some form of employment?
The Supreme Court weighs in on a question of income By Marilyn Longwell and Aurelija Juska Family Law, June 2012 While the Supreme Court in In re Marriage of McGrath has eliminated one means of establishing a child support order in the case of unemployed obligors with one hand, it has given its imprimatur to alternative methods of obtaining relief for custodial parents. 
The Spircoff loophole to the Peterson bar to retroactive college educational expenses By Michael W. Kalcheim Family Law, December 2011 After Petersen and Spircoff, practitioners must be extremely careful in drafting college expense provisions. When the provisions are examined when the children reach college age, the court will presume that the drafter was aware of both cases and their meaning.
What is income? By Hon. Timothy J. McJoynt Family Law, December 2011 How does the court (or parties) determine payor’s income to apply guideline child support calculations?
College expense contributions by divorced parents: Reservations about reservation provisions By Cecilia Hynes Griffin and Scott P. Kramer Family Law, November 2011 Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.
Child support withholding—Payor beware By Christine S.P. Kovach Family Law, August 2011 Generally the cases brought under the Income Withholding for Support Act involve one or both of the following issues: “Who is a payor?” and “How and when will a penalty under the Withholding Act be assessed for failure to withhold or to timely remit the child suport?”
Who does the Attorney General represent in child support cases? By Lawrence A. Nelson Government Lawyers, June 2011 The law is clear: in child support cases, the Attorney General has one and only one client—the Department of Healthcare and Family Services.
Income is more than a paycheck when determining child support By Roza Gossage Family Law, March 2011 The concept of income is generally interpreted broadly by the Illinois courts.
Navigating Illinois’ child support enforcement agencies By Christina M. Webb Young Lawyers Division, August 2010 An explanation of the three different agencies that share responsibility for the establishment of paternity and collection of child support in Illinois.
Setting child support—Part I By Sara A. Stolberg Child Law, June 2010 The first in a series of articles that help identify common issues in determining child support.
Practice note: Defenses to claims for unpaid child support By Joan Scott Family Law, July 2009 Practitioners should be vigilant in advising their clients who are ordered to pay child support of the obligation to seeking modification when their financial circumstances are reduced.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Hon. Brian L. McPheters Family Law, December 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.
Top 10 things to know about child support matters By Anna P. Krolikowska Young Lawyers Division, October 2008 Whether you are an experienced practitioner handling your first child support case or an attorney recently admitted to practice in Illinois, you should be aware that family law cases, including child support matters, present their own unique challenges and concerns.
IRAs and child support: O’Daniel, Takata and the slippery slope By Alison G. Turoff Family Law, August 2008 In June 2008, two different appellate courts made two disparate rulings regarding child support and IRAs.
Circuit Court of Cook County’s Expedited Child Support Program By Yehuda Lebovits Family Law, June 2008 The Illinois Supreme Court created the Expedited Child Support Program in 1992 when it approved the Plan submitted by the Chief Judge of the Circuit Court pursuant to Supreme Court Rule 100.1.
Corporations can pay child support too By Michael C. Craven Corporate Law Departments, June 2008 Most corporate attorneys assume that divorce law has little impact on their practices.
Does the grandparent unknowingly contribute towards the child support due from their child? By Roza Gossage Elder Law, May 2008 We have all received advice, either personally or on behalf of our clients, that in order to effectuate a transfer of assets we or our client’s should gift the annual amount allowed by the tax code to our children and their spouses.
Public Act 95-685 and its impact on family law By Paulette Gray Family Law, May 2008 On October 23, 2007, the Governor signed into law the most comprehensive package of legislation affecting child support enforcement since the introduction of mandatory child support withholdings through the State Disbursement Unit.