Chair’s column—Child support plusBy William J. Scott, Jr.Family Law, May 2013The debate continues about what kind of child support system Illinois should have.
The Supreme Court weighs in on a question of incomeBy Marilyn Longwell & Aurelija JuskaFamily Law, June 2012While 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.
The Spircoff loophole to the Peterson bar to retroactive college educational expensesBy Michael W. KalcheimFamily Law, December 2011After 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. McJoyntFamily Law, December 2011How does the court (or parties) determine payor’s income to apply guideline child support calculations?
College expense contributions by divorced parents: Reservations about reservation provisionsBy Cecilia Hynes Griffin & Scott P. KramerFamily Law, November 2011Courts 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 bewareBy Christine S.P. KovachFamily Law, August 2011Generally 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. NelsonGovernment Lawyers, June 2011The law is clear: in child support cases, the Attorney General has one and only one client—the Department of Healthcare and Family Services.
Navigating Illinois’ child support enforcement agenciesBy Christina M. WebbYoung Lawyers Division, August 2010An 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 IBy Sara A. StolbergChild Law, June 2010The first in a series of articles that help identify common issues in determining child support.
Practice note: Defenses to claims for unpaid child supportBy Joan ScottFamily Law, July 2009Practitioners 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.
Top 10 things to know about child support mattersBy Anna P. KrolikowskaYoung Lawyers Division, October 2008Whether 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.
Circuit Court of Cook County’s Expedited Child Support ProgramBy Yehuda LebovitsFamily Law, June 2008The 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 tooBy Michael C. CravenCorporate Law Departments, June 2008Most corporate attorneys assume that divorce law has little impact on their practices.
Public Act 95-685 and its impact on family lawBy Paulette GrayFamily Law, May 2008On 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.
It’s not nice to fool with Orders to Withhold IncomeBy David N. SchafferFamily Law, February 2008By 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 505By Matthew G. ShawFamily Law, August 2006Years 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 supportBy Jason G. AdessFamily Law, April 2006Recent 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 problemBy Elizabeth A. BleakleyBusiness Advice and Financial Planning, March 2006Many 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 lawBy Isham R. Jones, IIILabor and Employment Law, January 2006Let 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 updateBy Anne M. MartinkusGeneral Practice, Solo, and Small Firm, April 2005In 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 supportBy Anne M. MartinkusGeneral Practice, Solo, and Small Firm, February 2005Oral 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 unenforceableBy Hon. Brian L. McPhetersGeneral Practice, Solo, and Small Firm, January 2005The 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.
