According to the World Health Organization, 1 in 6 people globally are affected by infertility. With increased occurrences of infertility, as well as with the Obergefell v. Hodges decision legalizing same sex marriage nationwide, there exists a demand for the use of artificial reproductive technology (ART). One common form of…
Articles Posted in Child Support
Modifying Child Support? When a Substantial Change in Circumstances Isn’t
Section 510 of the Illinois Marriage and Dissolution of Marriage Act allows a court to modify a child support obligation upon a substantial change in circumstances. Prior to the 2017 amendments to the Act, child support was based solely on the payor’s income. After the amendments, child support is calculated…
Retroactive Child Support Under Illinois Law
Here’s a fact pattern that occurs with some frequency in parentage court. To make this blog post more easily readable, we’ll assume that the mother is seeking child support from the father. Of course, that’s not always the case, but it is certainly the more common scenario. An unmarried couple…
Equal Parenting Time: House Bill 4113 Returns as Illinois House Bill 185
Last year, the Illinois legislature introduced Illinois House Bill 4113, which was the most politically controversial family law bill in a generation. It proposed a statutory mandate requiring a 50/50 shared parenting time schedule in divorce and parentage cases, except under limited circumstances. The legislation was supported by father’s rights…
Multi-Family Child Support Adjustments
Let’s examine the hypothetical case of Karl. Karl is going through a divorce from his second wife, with whom he has two minor children. Karl also has two children that he is legally obligated to support from his first marriage, pursuant to a court order. Karl wonders his obligations to…
Is Past-Due Child Support Collectible at Any Time? Or Is There a Deadline?
In Illinois, there are very specific laws related to enforcing and collecting money judgments. There are even more specific laws as well as unsettled caselaw related to if and how those collection laws apply to child support in domestic relations cases. Are there time limits to within which a parent…
Can You File Bankruptcy to Discharge Your Family Support Obligations?
In this current economy, many people find themselves underwater in their mortgage payments, credit card debts, car loans, student loans, and the like. In certain situations, filing for bankruptcy may seem like a “get out of jail free” card to rid yourself of all the suffocating debt that you’ve racked…
Illinois Child Support Statute Changes
Changes to Illinois’ Child Support statute are imminent. On June 27, 2016, House Bill 3982 was sent to Governor Rauner for his approval, and on August 12, he signed it. It is currently scheduled to become effective July 1, 2017. Among the changes in HB 3982 is the revision of the…
Is Money Withdrawn from an IRA “Income” for Child Support Purposes?
It is common for a child support payor to be required to pay a percentage of any additional income above and beyond a base percentage of his or her income. This additional income may include, for example, bonuses, commissions, or work from side jobs. Illinois courts define income as…
In Illinois, When Is a Reduction in Income Sufficient to Reduce Child Support or Maintenance?
Imagine the following scenario: Donald and his wife Melania decide they want to get a divorce. Donald has been employed as the President of the United States for the past two years, where he earns a salary of $400,000, and receives travel, expense, and entertainment perks. Melania mostly spends her…