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Channel: Family Law Topics » Michelle A. Lawless
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Recent Appellate Court Ruling Clarifies Residency Requirements for...

It is not uncommon for one or both parents to move from the state or country where their divorce judgment was originally entered. But what happens when parents maintain homes in both the United States...

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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...

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Flash Point: Child’s Receipt of Dependent Social Security Benefits did not...

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...

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Flash Point: Court Should have Reevaluated Retirement Account when Entering QDRO

In a second appeal, the husband challenged the trial court’s finding after remand that would cause him to bear the majority of a retirement account’s loss when entering a QDRO.  In its original...

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Flash Point: Mandatory Interest on Unpaid Child Support Payments Effective...

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...

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How to Plan for College Expenses Post-Divorce

Paying for a child’s college education is a significant financial issue in any family, but with divorcing or divorced families, it can be especially tricky.  Often times, if parents divorce when their...

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Workers’ Compensation Settlement is Income for Child Support

Most couples will have to alter their child support arrangement at least once at some point after their divorce due to any number of reasons. The most common reasons are as follows: The emancipation of...

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Modifying Custody Post-Judgment: A Two-Step Analysis

Before any parent signs on the dotted line to their custody agreement, they should understand each and every provision of the document. Hastily signing an agreement thinking that one can “just go into...

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The Income Conundrum: What is and is not Income for Child Support Purposes?

Over the last several months, the Illinois Appellate Court has had numerous opportunities to opine on what constitutes income for purposes of calculating child support under the Illinois guidelines....

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Imputing Retained Earnings of a Sub-S Corporation for Purposes of Support

The issue of whether a certain type of business profit should be considered personal income for support purposes has always been a difficult one.  A recent Illinois Appellate Court decision may have...

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