Subject Index Child Support

The Department of Human Services adopted amendments to its Temporary Assistance for Needy Families program.

The Department of Human Resources adopted amendments to its Supplemental Nutrition Assistance Program (SNAP). Legally obligated child support paid by a household member to, for, or on behalf of a person who is not a SNAP member is now excluded from its gross income calculation when determining SNAP eligibility.

On Dec. 17, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s ruling that loans given to the child support payee by her parents should not be considered income when calculating child support and maintenance payments.

The court affirmed the trial court's reduction of child support arrearage on the basis of equitable estoppel. Equitable estoppel exists where a party induces a second party to rely, to its detriment, on statements of conduct of the first party.

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).

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.

The Department of Healthcare and Family Services adopted extensive amendments to Child Support Services to implement several different public acts.

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").

"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.

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.

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.

The Department of Healthcare and Family Services ("the Department") recently adopted amendments to the regulations governing the practice in administrative hearings. 89 Ill. Adm.

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.

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).

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.