Publications

Articles on Child Support

Standardizing monetary child support obligations

November
2017
Illinois Law Update
Page 20
Section 505 of the Illinois Marriage and Dissolution of Marriage Act has been amended to create a standardized method to calculate monetary child support obligations (750 ILCS 5/505).

Child support awards calculated using the income shares model

September
2017
Illinois Law Update
Page 18
Basic child support awards will now be computed based upon income allocated for the support of the child as if the parents and child were living in the same household.

From the Newsletters - Will the new child support guidelines help or hurt your client?

September
2017
Article
Page 41
The new income shares child support calculus can produce dramatically different results from the old percentage guidelines.

From the Discussions - Are vision and dental costs ‘medical expenses’ for child-support purposes?

July
2017
Article
Page 48
Q. If a support order requires payment of "medical expenses," does it apply to costs related to dental and vision care?

DHFS implements multiple new laws

June
2017
Illinois Law Update
Page 18
The Department of Healthcare and Family Services adopted extensive amendments to Child Support Services to implement several different public acts.

From the Discussions - Does the new child support statute apply to pending cases?

June
2017
Article
Page 24
Q. Does the income shares child support calculation method that takes effect July 1 apply to cases in the pipeline?

New income shares child support calculation method takes effect July 1

By Matthew Hector
June
2017
LawPulse
Page 12
Heads up, family lawyers - beginning next month, Illinois will trade the percentage guideline child support formula for the income shares method used in the majority of states.

Portion of child support collections to be disregarded in TANF grant calculations

February
2017
Illinois Law Update
Page 20
The Illinois Public Aid Code was amended to prevent certain amounts of child support from factoring into cash and assistance grants under Temporary Assistance for Needy Families ("TANF").

The New Income Shares Child Support Guidelines

By Margaret Bennett, Nancy Chausow Shafer, and Hon. Pamela Loza
December
2016
Article
Page 26
Effective July 1, Illinois will implement a major change in how child support is computed. Here's how the new guidelines will work and why they'll make divorce practitioners' lives easier.

Child Support and College-Bound Children of Divorce

By Tiffany M. Alexander
January
2016
Article
Page 34
The author explains how custodial parents are entitled to support payments for an emancipated child's expenses the summer before college and while on break.

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.

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