Section Newsletters

Articles on Child Support

Quadrennial Review Update: Child Support Advisory Committee Holds Town Hall Meetings By Jessica Patchik Family Law, September 2022 The second article in a series dedicated to demystifying the Child Support Advisory Committee mandated by 305 ILCS /12-4.20(c) and the quadrennial review of child support guidelines.
Should Child Support Be Based on Parenting Time? By Robin Miller Family Law, June 2021 When the income shares child support statute went into effect in January 2019, it was the first statutory authority to calculate the dollar amount of child support based on the number of days of parenting time.
Salvatore gums up child support modifications with new ‘what was contemplated?’ analysis By Wes Cowell Family Law, April 2019 A summary of In re Marriage of Salvatore.
Getting ‘put on papers:’ The case against informal support arrangements By Sherlyn Smith Racial and Ethnic Minorities and the Law, January 2019 Despite the frustrations and inadequacies of the legally enforceable child support system, there are several substantial drawbacks to informal child support arrangements.
1 comment (Most recent January 23, 2019)
Equitable estoppel By Michael Strauss Family Law, June 2018 Equitable estoppel can be a powerful weapon to use under the correct facts to defend against past due child support.
1 comment (Most recent June 26, 2018)
Defining net income under an income shares model By Paula E. Pitrak Family Law, August 2017 New formulas have been created to compute net income, and certain deductions are no longer permitted—altering the amount of income to be considered when calculating child support.
New income shares guidelines: Benefit or detriment to your client? By Stephanie Capps Family Law, July 2017 As of July 1, 2017, the income shares guidelines have taken effect replacing the percentage guidelines for child support in Illinois.
Computation of basic child support obligation By Margaret Bennett Family Law, May 2017 A look at how the new income shares legislation will impact child support calculations.
Summary of Senate Bill 69— The technical corrections to the income share child support legislation By Margaret A. Bennett Family Law, March 2017 An overview of the changes outlined in this legislation, which is currently making its way through the Illinois General Assembly.
2 comments (Most recent March 26, 2017)
Never say never—Just almost never: Equitable defenses to back child support claims By Marilyn Longwell & Anne L. Mueller Family Law, October 2016 However sympathetic your prospective client may seem, be cautious in taking on claims for child support arrearages unless your client has a strong defense of equitable estoppel.
Upcoming changes to Illinois Child Support Law By Stephanie Tang 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.
The consideration of gifts and loans as income for purpose of the computation of child support By Gloria E. Block Family Law, March 2016 In re the Marriage of Rogers establishes that gifts constitute income for purposes of calculating child support; however, the issue of whether loan proceeds constitute income was not resolved in Rogers.
Graduation is upon us By Howard W. Feldman Family Law, 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.
Recent Illinois cases regarding income and child support By Emily A. Aleisa & Timothy J. McJoynt Family Law, October 2015 A look at the recent Illinois decisions that offer guidance on calculating income and modifying child child support obligations.
Splitting the bill: Illinois’ proposed legislation on income shares By Emily A. Hansen 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.
Child support in parentage cases: Does In re Marriage of Turk apply? By Sean McCumber Family Law, September 2015 Since the statutory language in the Parentage Act contains very specific and different provisions than the IMDMA, any Turk-like changes to support obligations in parentage cases must come from the General Assembly, not the Courts.
4 comments (Most recent September 11, 2015)
“Enforcement” of a party’s obligation to pay secondary education expenses is not subject to Petersen’s limitation on retroactive reimbursement By Michele M. Jochner Family Law, July 2015 The Illinois Appellate Court has recently issued an important decision which clarifies the rule established in In re Marriage of Petersen.
When net income is neither net nor income By Christopher W. Bohlen Family Law, 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? By Jon J. Racklin Family Law, 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 By Hon. Pamela E. Loza & Margaret A. Bennett Family Law, 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.
Will the Office of Child Support Enforcement collect spousal support? By Angela Peters Family Law, November 2014 The simple answer is no, unless there is a companion child support order to enforce.
Income for child support By William J. Scott Family Law, March 2014 The author makes his case for a more well-thought-out method for calculating child support.
Child support, daycare, extracurricular activities, uninsured medical expenses By Michael Strauss Child Law, February 2014 In Carlson-Urbanczyk, the Third District Appellate Court held that the ordering of the extra items has to be supported by the record and constitutes a deviation upward from the percentage child support.
Child support—It should be about dollars and sense By Jon J. Racklin Family Law, February 2014 The author shares his thoughts on child support.
Are we creating monsters? Court holds adult children lacked standing to bring claim for college expenses under 513 By Julia Pucci Family Law, November 2013 A summary of the recent case of In re Marriage of Vondra.
Child support income withholding notices not just an afterthought By Jennifer A. Shaw & Barry T. Underwood Family Law, 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.
1 comment (Most recent September 16, 2013)
Child support enforcement and creation of a substantial fugitive class of offenders By Joseph N. DuCanto Family Law, August 2013 Meaningful change in child support enforcement must first deal with modification or elimination of federal law absolutely prohibiting any settlement, reduction or forgiveness of child support awards by any state tribunal.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support Workers’ Compensation Law, August 2013 The question on appeal to the Illinois Supreme Court was “whether the Trials Courts have discretion, in awarding child support, to apportion a [workers’] compensation settlement that is intended, by its terms, as a life-time disability award to equitably meet all parties’ needs.”
Post-majority support for education in Illinois By Jennifer Wood Child Law, 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.
Retroactivity of child support By Jon D. McLaughlin Child Law, August 2013 A look at a few situations where retroactive child support would be allowed.

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