Parents who have accumulated child support debt often wonder if they have options under bankruptcy to discharge the child support arrears. Although it may be disheartening for parents struggling with significant delinquency to hear, the answer is no because child support is a priority debt and child support and arrears must be paid. However, bankruptcy…Read More
Child Support Statute of Limitations
Many saw the story break last year about a California woman who was awarded child support 50 years after her ex-husband hightailed it to Canada, leaving her to raise their 3 year old without the benefit of financial support. Fifty years later, realizing California did not have a statute of limitations on child support payments,…Read More
Sharing Parenting Expenses After Divorce
Sharing child rearing expenses can be challenging. Divorce almost always means that parents will have to tighten their belts as they begin to maintain separate households. When structuring a divorce settlement agreement, it is important to consider the personal finances involved in co-parenting so that you are not on the losing end of financial arrangements…Read More
College Financial Aid and Divorce
The Free Application for Federal Student Aid (FAFSA) uses the information your child provides regarding your financial situation to determine your child’s financial aid eligibility. For parents that are married or reside together, FAFSA takes into account both parents incomes and assets. If parents are divorced and live apart, only the custodial parent is considered…Read More
Child Support for Child Care, Tuition & Extracurricular Activities
Many who are considering divorce worry about the impact divorce will have on their children financially. Beyond the basics of food, shelter and clothing typically covered by child support, many wonder if their child will be able to attend private schools, participate in activities such as sports, dance or music, travel on school field trips…Read More
Family Law Issues Spike During the Pandemic
Family law attorneys across the country have seen an increase in family law matters since mid-March ranging from financial support and custody modifications to inquiries regarding divorce. Working from home, especially with children in the house, has been a source of increased stress for many married couples, and may well be the final straw for…Read More
Painful Consequences Await Those Who Skip Child Support Payments
The State of Illinois takes the payment of child support seriously. If your ex-spouse has stopped making child support payments, there are a variety of tools to encourage parents to comply with court orders so that children get the support they need. Child Support Wage Garnishment If the obligor of child support gets behind on…Read More
Issue of Modifications of Child Support
This month, I am tackling the issue of modifications of child support and recent rulings by the Illinois Appellate Courts regarding this. I am specifically speaking of In re Marriage of Salvatore, 2019 IL App (2d) 180425, In re Marriage of Wengielnik, 2020 IL App (3d) 180533, and In re Marriage of Connelly, 2020 IL…Read More
Illinois Parenting Plans for a Special Needs Child
Today family courts handle an increasing number child custody cases involving children with special needs, some of whom suffer from common neurodevelopmental and psychiatric disorders such as attention deficit disorders, depressive disorders, and autistic spectrum disorders which present complex challenges to families and family law professionals trying to craft parenting plans and child support provisions…Read More
Life Insurance Benefits Protecting Child and Spousal Support
Child support is often awarded in a divorce to support minor children. If children are very young at the time of the divorce, a payor may be obligated to pay child support for many years to come, sometimes throughout their college years. Of course, a lot can happen over the course of 10 to 20…Read More