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...
View ArticleUnique 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...
View ArticleFlash 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...
View ArticleFlash 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...
View ArticleFlash 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...
View ArticleHow 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...
View ArticleWorkers’ 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...
View ArticleModifying 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...
View ArticleThe 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....
View ArticleImputing 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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