Child Support

//Child Support

COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

The MSA provided that each year the parties would conduct a "true-up". It would be based on husband's tax documents. The true-up would determine if he paid the proper amount of support in the prior year. Subsequently, husband filed a motion to modify child support. He asked the court to reduce his monthly support obligation [...]

By | September 23rd, 2020|Child Support, Uncategorized|0 Comments

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support arrearage was $5,701.  This was for the years 2009 through 2014.    The Court, in 2018, calculated mandatory statutory interest on the arrearage.  It started the interest accrual from February, 2016. The law provides that: “A [...]

By | April 15th, 2020|Child Support|0 Comments

ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

Ex husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though ex husband's overnight custody had grown from 15% to 45%. The court explained that ex husband's increased share of custody was too long ago. It had taken place five [...]

By | October 18th, 2019|Child Support|0 Comments

SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX HUSBAND

The trial court held numerous hearings on multiple postjudgment issues.  These issues had been pending for several years.  The trial court entered an order denying a finding of contempt against ex husband for nonpayment of child support expenses.  Ex wife appealed. The appellate court reversed.  It held that the ex wife had met her burden.  [...]

By | October 18th, 2019|Child Support|0 Comments

CHILD SUPPORT FROM DECEDENT’S ESTATE

Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  Unless there was an obligation for the parent to provide such support prior to his death.  Treacy v. Treacy, 204 IllApp3d 282. Section 510€ provides that a petition seeking to have a court order child [...]

By | September 19th, 2019|Child Support|0 Comments

FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to his child. The Circuit Court granted summary judgment against the father.  He appealed. The Appellate Court held that: (1) creditor could hold divorced, noncustodial parent liable under the family expense statute for expenses incurred on [...]

By | July 8th, 2019|Child Support|0 Comments

MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter's private high school tuition.  The husband argued that he should pay less than half [...]

By | June 24th, 2019|Child Support, Spousal Maintainence|0 Comments

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

In the divorce decree, the parties shared custody of their minor child.    A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court took that information into consideration.  As well as the parties’ respective net incomes, maintenance payable by the wife, and the [...]

By | May 8th, 2019|Child Support|0 Comments

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

The Trial Court initially awarded the wife $6,000 per month for maintenance.  And $6,000 per month for child support for a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the awards.  It then ordered $15,000 maintenance and no child support.  Should the maintenance terminate while the child remains unemancipated, then [...]

By | April 25th, 2019|Child Support, Spousal Maintainence|0 Comments

FILING A TIMELY PETITION FOR COLLEGE EXPENSES

The provisions of a divorce decree may be modified to require one or both parents to provide for the education and maintenance of a child.  Whether that child is of minority or majority age. But, provisions respecting maintenance or support may be modified only as to installments accruing after the filing of the motion for [...]

By | April 2nd, 2019|Child Support|0 Comments