Illinois has an expansive definition of what constitutes income, both for the purpose of child support and maintenance.
Generally, Illinois caselaw allow a double consideration of an asset: once for the purpose of the division of property and a second time for the purpose of meeting an obligation to pay child support or maintenance. Some urge that this creates an improper double-dip. Judge Jeffrey Hirsch in his 2024 lecture for the IICLE referring to this form of double dipping as:
“…probably more common that we think, or maybe being missed altogether.”
As a result, the author has urged that for support and maintenance purposes, Illinois statutory law should be amended if the intent is not to allow this double dip. This is more compelling when considering the impact of the Illinois maintenance guidelines (as amended 2016 and 2018). As to troublesome caselaw precedents, a statutory resolution is the soundest course.
