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 … [Read more...] about Double Dipping for Child Support and Maintenance: What Constitutes Income When it Might be Considered as Support?
Child Support and Maintenance
Penalties of $100 Per Day Due to Failure to Withhold – Updated 2024
The potential penalty of $100 per day had been one of the best remedies in obtaining compliance with child support. But 2012 amendments stemming from the efforts of the pro-business lobby limited the impact of this law. By reading this article you will understand why the 2012 amendments largely … [Read more...] about Penalties of $100 Per Day Due to Failure to Withhold – Updated 2024
Income Averaging and its Use in Determining Child Support and Maintenance Awards
More and more cases under income shares rely upon income averaging in cases where one party receives substantial variable income. A number of Illinois appellate court cases refine the circumstances where you should consider using an income-averaging approach. Most of the income-averaging cases were … [Read more...] about Income Averaging and its Use in Determining Child Support and Maintenance Awards
Rules of Thumb in Illinois’ Divorce Cases as Applied to Child Support and Maintenance Awards and Maintenance Guidelines from Around the Nation
The genesis for this was an article originally drafted by H. Joseph Gitlin which was national in scope. It has been comprehensively updated, etc., by Gunnar J. Gitlin, while at his former firm, Gitlin & Gitlin. He has now changed this article so that it is only geared toward Illinois law. … [Read more...] about Rules of Thumb in Illinois’ Divorce Cases as Applied to Child Support and Maintenance Awards and Maintenance Guidelines from Around the Nation
Nuts and Bolts of Support and Maintenance Tax Law
Lawyers who handle divorce cases must know our tax law - especially regarding child support, maintenance, and marital property. Divorce lawyers often refer clients to a tax professional such as an accountant or a tax lawyer. But that's not enough for a lawyer to avoid a potential malpractice … [Read more...] about Nuts and Bolts of Support and Maintenance Tax Law
Income Averaging Case Law Summary for Support
A method of determining income for the purpose of paying either child support or maintenance referenced by the judge in our several pretrial conferences is income averaging. There is a significant body of Illinois case law which looks favorably upon averaging income in appropriate cases. While most … [Read more...] about Income Averaging Case Law Summary for Support
