Divorces in Illinois have been governed by the Illinois Marriage and Dissolution of Marriage Act, originally enacted in 1979. Since then, changes in family dynamics, including recent developments in Illinois law related to same-sex marriage, parentage, adoption, and in areas of embryo preservation and rights, rendered the law outdated and…
Divorce matters can be complicated, regardless of the employment status of the parties. But when one or both of the spouses is a member of the military, several issues come into play. This article will address health benefits, retirement pay available to spouses of military service members, and child support.…
Under Illinois law, are expenses reimbursed by an employer considered “income” for purposes of calculating child support? For starters, Illinois requires a noncustodial parent to pay guideline child support based upon a percentage of his “net income.” Under the statute, “net income” means “the total of all income from…
[UPDATE – The passage of the revised Illinois Marriage and Dissolution of Marriage Act renders the legal analysis in this post inapplicable to cases pending after January 1, 2016. The revised 750 ILCS 5/505(h) explicitly authorizes the courts to deduct student loan payments in calculating a child support obligor’s net income.] …
Currently, Illinois uses a “percentage of income” formula to calculate a parent’s child support obligation to the custodial parent. This formula calculates child support by multiplying the noncustodial parent’s net income by a certain percentage to determine that parent’s guideline child support obligation. The guideline percentage varies depending on the…
Yes, you read that correctly. In Illinois, under certain circumstances, a noncustodial parent may be entitled to receive child support from the custodial parent. In a divorce or parentage case, a court may either grant joint custody of the children to both parents, or grant sole custody to one…
Income withholding notices issued to employers are the most common way child support orders are enforced. When everything works as it should, employers dutifully obey such notices, withhold child support from the employee’s pay, and send payment off to the Illinois State Disbursement Unit (the “SDU”). The SDU then forwards…
Normally, a non-custodial parent’s child support obligation is based upon a percentage of his net income, depending on how many minor children there are (for purposes of this blog, I will be sexist and assume the party paying child support is the father rather than writing “his or her” and…