Based upon a reading of Illinois case law, Illinois has an expansive definition of what constitutes income, both for the purpose of child support and maintenance. Generally, Illinois case law 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 would urge that this is improper as it constitutes a double-dip. As a result, the author has urged that both for support and maintenance purposes, Illinois statutory law should be amended if the intent is not to allow such a double dip. This is even more compelling when considering the impact of the 2015 maintenance guidelines (as amended 2016 and 2018). As to what could be urged are troublesome precedents, a statutory resolution is the soundest course.
Double Dipping for Child Support and Maintenance: What Constitutes Income When it Might be Considered as Support?
Published Date: May 3, 2016
Number of Pages: 9