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Articles Posted in Child Support

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Tipping the Scales Between the (In)ability to Have a Genetic Child, Forced Parentage, and its Effect on Child Support Obligations

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…

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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…

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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…

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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…

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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…

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Is Money Withdrawn from an IRA “Income” for Child Support Purposes?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…

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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…

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