Child Support

//Child Support

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

YOU HAVE TO PAY SUPPORT DURING THE APPEAL

The former wife initiated proceedings against the former husband to enforce child-support provisions of their marital settlement agreement.   It had been incorporated in the judgment dissolving their marriage. The Trial Court ordered former husband to pay the child support arrearage.   It set his current child support obligation at $3,000 per month.   It found him in [...]

By | March 26th, 2019|Child Support|0 Comments

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

The Trial Court denied husband's petition to modify his child support obligation. The Court found nothing to indicate that husband's child support obligation was based on the parties' mutual understanding.  Husband said they had agreed that wife would remain unemployed so long as husband was paying child support. The court interpreted this as follows.  The [...]

By | March 19th, 2019|Child Support, Financial Issues When Divorcing|0 Comments

IN JAIL? THAT DOESN’T STOP YOUR CHILD SUPPORT DUTY

The child support statute does not limit what assets the court can reach.  To assure the child support order is satisfied.  The husband was sentenced to 73 years in prison for the attempted murder of his wife.  And the murder of her boyfriend.  The trial court did not order child support as husband had no [...]

By | February 13th, 2019|Child Support|0 Comments

CAN THE COURT MAKE YOU DO YOUR BEST TO EARN INCOME FOR CHILD SUPPORT?

A parent cannot reduce his or her child support obligation by voluntarily leaving their job.   Or working far below his or her ability to earn income. Father was an exterminator.  He left his job to start his own exterminating business.  He invested heavily in the new business.  He earned far less on his own than [...]

By | February 13th, 2019|Child Support|0 Comments

CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

Mother filed a petition for father to contribute to their son’s college expenses. The petition alleged that son had graduated from Marmion Academy in Aurora with a 3.75 grade point average.  He would be enrolling at Purdue University in the fall. The cost of attending Purdue University was approximately $20,000 per year.   Son would not [...]

By | January 23rd, 2019|Child Support, Post-Decree Issues|0 Comments

A CHILD SUPPORT DUTY AND CONSIDERING A NEW SPOUSE’S INCOME

Wife filed a petition to modify child support.  The court considered the joint income of husband and his current wife in assessing child support.  Husband wanted the court to only look at his income. The Trial Court did consider current wife’s income, along with husband’s.  Husband appealed.   The Appellate Court agreed with the trial court. [...]

By | January 20th, 2019|Child Support|0 Comments

CAN HUSBAND REDUCE CHILD SUPPORT BECAUSE HE RETIRED?

Husband petitioned for reduction of his child support payments.  He claimed that his involuntary termination led to his early retirement.  He claimed that, at age 64, he no longer earned the same net income that the support amount had been based in 2010.  The Court granted the petition. Wife appealed. The Appellate Court reversed the [...]

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