Section Newsletter Articles on Child Support

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.
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.
Interpreting “prior obligations” under Section 505 By Matthew G. Shaw Family Law, August 2006 Years ago during the child support court call, the obligor explained to the judge that his support should not be based upon 20 percent of his net income because he had other children to support.
“All” income included when calculating child support By Jason G. Adess Family Law, April 2006 Recent Illinois decisions have clarified the procedure trial courts are required to follow when considering non-recurring income in child support cases.
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.
Illinois employer hit with $90,600 penalty under child support law By Isham R. Jones, III Labor and Employment Law, January 2006 Let In re Chen, serve as a warning to Illinois employers that failing to comply with the Illinois Income Withholding for Support Act can be a costly mistake.
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
Agreements to waive accrued child support are unenforceable By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, January 2005 The Fourth District Appellate Court has again reaffirmed the unenforceability of agreements not to collect accrued child support in its opinion in In re Marriage of Case.
Legislative update By Ellen Schanzle-Haskins Women and the Law, June 2004 The Committee on Women and the Law was and is very active in monitoring and commenting on legislation of interest to women in Illinois.
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.
Expedited child support program By Yehuda Lebovits Administrative Law, April 2004 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. Hearings on cases began in June of 1993.
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.