Publications

Articles on Child Support

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.

Gifts and unrepaid loans should be included when calculating child support obligations

February
2005
Illinois Law Update
Page 68
On November 18, 2004, the Illinois Supreme Court upheld the orders of the appellate and circuit courts which increased the amount of child support that the father was obliged to pay. 

New provisions for appointment of counsel in child support enforcement proceedings

February
2005
Illinois Law Update
Page 68
The Illinois Department of Public Aid recently adopted amendments to the Child Support Enforcement regulations, 89 Ill Adm Code 160.10(h).

Social Security and child support

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
To what extent do benefits constitute income for purposes of determining a parent's child support obligation?

Rogers: Gifts are income when calculating support owed

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
The Illinois Supreme Court rules that gifts to a noncustodial parent constitute income for purposes of determining his or her support obligation.

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.

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