Child Support

//Child Support

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

CAN YOU CAP CHILD SUPPORT?

The parties’ Marital Settlement Agreement (MSA) capped child support from Husband. He was to pay 28% of his net income up to $300,000.  They agreed he would have no obligation to pay child support on income he received above $300,000. Wife later filed a Petition to Modify and Increase the Child Support. Husband filed a [...]

By | January 12th, 2019|Child Support|0 Comments

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than [...]

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

Former wife appealed from an order of the court.  She had been receiving $1,000 per month for unallocated maintenance and child support.  The court reduced that amount to $430 per month in child support.  She was no longer entitled to maintenance as she had remarried. Her maintenance payment was terminated as of the date of [...]

By | October 25th, 2018|Child Support, Maintenance|0 Comments

PENALTIES AGAINST EMPLOYER FOR NOT WITHHOLDING

Ex-wife filed a complaint against ex-husband's employer.  She alleged that it knowingly failed to withhold money owed for child support and maintenance payments from his wages on 15 pay periods. The trial court assessed statutory penalties against employer, in the amount of $66,700.  Employer appeals.   Employer argues that no penalties should have been assessed because [...]

By | September 21st, 2018|Child Support, Financial Issues When Divorcing|0 Comments