Category Archives: Child Support

Professional Sports & Family Law: Lockout Does Not Necessarily Equal Support Modification

As of July 1, 2011, both the National Football League (NFL) and the National Basketball Association (NBA) are embroiled in labor disputes, which have resulted in the owners instituting “lockouts” against the players.  This battle of millionaires versus billionaires has … Continue reading

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“Net Income” for Child Support Purposes

A common sense approach to the trend in Illinois law A frequent question for family law practitioners is, what is “net income” for child support purposes? The law on this issue has been evolving over the decades since the enactment … Continue reading

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Flash Point: Mandatory Interest on Unpaid Child Support Payments Effective May 1, 1987

The Illinois Supreme Court recently held that mandatory interest on child support payments became effective as of May 1, 1987.  The support obligor father had been largely delinquent in payments from 1992 through 2005.  He conceded that mandatory interest accrued … Continue reading

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Flash Point: Child’s Receipt of Dependent Social Security Benefits did not Entitle Father to a Setoff Against Medical Support Arrearage

A father who became permanently and completely disabled after a car accident challenged the trial court’s ruling that the child’s receipt of a lump sum payment of approximately $13,000 as retroactive social security dependant payment should offset $3,967 that he … Continue reading

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Unique Jurisdictional Issues in Multi-State Child Support Modification Cases

In a case of first impression, the Illinois Appellate Court has now decided where a child support modification case must proceed when the parents live in different states. The increasing mobility of our society often creates jurisdictional contests when one … Continue reading

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Going After Overdue Child Support

The age old problem of enforcing a parental duty of support for children has evolved in recent years from a burdensome and often futile effort into a very successful process because of some very sharp extra-judicial teeth.  Denial of a … Continue reading

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Spouse’s Income Could Be Relevant When Child From Prior Marriage Goes To College

Your divorce is behind you, you are happily remarried and your child from the first marriage is about to start college.  You want to enjoy the last few months before your child enters adulthood, but you find yourself embroiled in … Continue reading

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Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had … Continue reading

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