Section Newsletter Articles on Child Support
Upcoming changes to Illinois Child Support Law
Young Lawyers Division
, August 2016
Illinois may soon join 39 other states in adopting an “Income Shares” model of child support, which would dramatically change how child support is calculated.
Graduation is upon us
, March 2016
Section 513 of the IMDMA governs the allocation of post high-school educational expenses. Here are some highlights of the changes that took effect on January 1st of this year.
Splitting the bill: Illinois’ proposed legislation on income shares
Women and the Law
, October 2015
The income shares model utilizes both parent’s income to allow the child to enjoy the standard of living of an intact household. Further, the income shares model considers circumstances such as shared custody or expanded parenting time schedules.
When net income is neither net nor income
, May 2015
The concept of net income seems simple. That simplicity hits a brick wall when a person obligated to pay child support is the owner of a non-incorporated business.
Retroactive child support: How far back can you go?
, March 2015
The author analyzes the issue of retroactive child support as it pertains to pre-judgment dissolution of marriage cases, pre-judgment parentage cases, and the modification of existing orders in both types of cases.
The legal and ethical conundrum of child support in multi-partnered families
, January 2015
Child support obligations are a reality in that nearly half of all marriages end in divorce; two-thirds of women and three-fourths of men remarry; and many start second families. Applying guidelines to calculate child support obligations in these scenarios presents complex challenges.
Income for child support
, March 2014
The author makes his case for a more well-thought-out method for calculating child support.
Child support income withholding notices not just an afterthought
, 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.
Post-majority support for education in Illinois
, 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.
The Supreme Court weighs in on a question of income
, 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.
What is income?
, 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
, 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
, 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?”