Publications

Section Newsletter Articles on Child Support

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.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Judge Brian L. McPheters General Practice, Solo, and Small Firm, March 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.
It’s not nice to fool with Orders to Withhold Income By David N. Schaffer Family Law, February 2008 By playing really cute with the provisions of a child support withholding notice, an employer was hit with a $1.1M judgment for penalties.
Wage garnishment—Not just the employee’s problem By Elizabeth A. Bleakley Business Advice and Financial Planning, March 2006 Many employers view a wage garnishment as an unnecessary nuisance and “the employee’s problem.” However, an employer may be found liable for amounts not withheld or turned over in a timely manner under a properly served wage garnishment order.
Family law update By Anne M. Martinkus General Practice, Solo, and Small Firm, April 2005 In a dissolution of marriage case, a law firm claimed that the disgorgement statute, (750 ILCS 5/501(c-1)(3)), that authorizes a law firm to be required to disgorge interim fees paid by its client to the opposing party's attorney is unconstitutional.
Child support By Anne M. Martinkus General Practice, Solo, and Small Firm, February 2005 Oral agreements to modify child support must be approved by court to be binding-Laches does not apply to enforcement of judgment
Family law practice alert: Should gifts and loans received by a child support obligor from his parents be included in his or her net income for purposes of determining child support? -Illinois Supreme Court will decide By Anne M. Martinkus General Practice, Solo, and Small Firm, May 2004 In the recent case of In re Marriage of Rogers, 345 Ill. App. 3d 77, 280 Ill. Dec. 726, 802 N.E. 2d 1247 (1st Dist. 2003), gifts and loans received by a father from his parents were included in his net income for purposes of determining his child support obligation.
Legislative update for family law practitioner: Illinois General Assembly, Spring 2004 session By Adrienne W. Albrecht Family Law, March 2004 This spring session of the Illinois Legislature is getting into full swing. At this stage, it seems every other legislator has his or her name on one or more pieces of family law legislation.
Net income for the purpose of calculating child support By Nancy Ann Ward and Darla A. Foulker Family Law, December 2003 Family law attorneys have all read and re-read the statutory guidelines regarding the calculation of child support found in Section 505 of the Marriage and Dissolution Act.
Reiteration on child suppot By Ann B. Conroy Women and the Law, November 2003 Every few years it seems appropriate to repeat the basics of the child support enforcement system we have in Illinois, primarily for the benefit of new practitioners.
Case law update By Barry H. Greenburg Family Law, February 2002 Summaries of In Re the Marriage of Street, In Re Jackson v. Newsome and In Re Marriage of Terry.
Case law update By Barry H. Greenburg Family Law, November 2001 Summaries of the cases of In Re the Marriage of GrossIn Re Marriage of Grams, In Re Marriage of Letsinger, In Re Hasabnis and In Re Marriage of Langman.
Recent cases By Barry H. Greenburg Family Law, May 2001 Summaries of the recent cases of In Re the Marriage of Drury, In Re Petition of Mary Klak, In Re Marriage of Carter, In Re Shaddle, In re Adoption of D___, In Re Marriage of Lehr, In Re Marriage of Gattone, In Re J.P., In Re Marriage of Beerbridge, In Re the Marriage of Buck, In Re Marriage of Didier, In Re the Marriage of Petersen, In Re Donath v. Buckley, In Re Cerven and In Re Troy S. and Rachel S.