Category Archives: Child Support

The College Factor: Three Points Divorced Parents Need to Consider

Navigating the college selection process and funding a child’s college education can be stressful for all parents, but can be especially stressful for parents who are divorced. Fortunately, divorced or separated parents can minimize the stress associated with college preparation through proper planning, open communication, and the involvement of both parents. Understand the Financial Obligation […]

Top Ten Myths in Illinois Divorce Cases [Myth #7]

Myth: If I have no income, I can’t be ordered to pay child support or maintenance. Not true. Illinois courts, as do most states courts, will go out of their way to protect children in connection with child support payments. If a party does not have employment, the court can take assets from that person, […]

Top Ten Myths in Illinois Divorce Cases [Myth #6]

Myth: If I have shared or joint legal custody, and a shared visitation schedule, I won’t have to pay any child support. Not true. Courts are loathe to not award child support. They will look at the parenting schedule but they will also pay very close attention to the financial resources of the parties and […]

Athletes Cannot Avoid Family Obligations

Article originally appeared in the July 24, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield Much like the “curse of the Lotto,” we hear time and time again about former professional athletes who earned millions during their playing years only to squander it all and find […]

Child Support Factors Into Financial Woes

Article originally appeared in the April 24, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield American sports enthusiasts love a good rags-to-riches story.  Reading about an athlete rising up against the odds, through dedication and hard work, to compete and earn vast sums of money along […]

Professional Sports & Family Law: Lockout Does Not Necessarily Equal Support Modification

As of July 1, 2011, both the National Football League (NFL) and the National Basketball Association (NBA) are embroiled in labor disputes, which have resulted in the owners instituting “lockouts” against the players.  This battle of millionaires versus billionaires has spurred a number of professional athletes, either at the behest of their agents or on […]

“Net Income” for Child Support Purposes

A common sense approach to the trend in Illinois law A frequent question for family law practitioners is, what is “net income” for child support purposes? The law on this issue has been evolving over the decades since the enactment of the child support statute, which defines net income as the total of all income […]

Flash Point: Mandatory Interest on Unpaid Child Support Payments Effective May 1, 1987

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 1992 through 2005.  He conceded that mandatory interest accrued beginning in 2000 (the year the IMDMA was amended to provide for mandatory interest on […]

Flash Point: Child’s Receipt of Dependent Social Security Benefits did not Entitle Father to a Setoff Against Medical Support Arrearage

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 social security dependant payment should offset $3,967 that he owed towards the child’s medical expenses.  The Father also appealed the trial court’s ruling that […]

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 our society often creates jurisdictional contests when one or both parents relocate after a divorce and one of them initiates litigation over child […]