Is my Workers’ Compensation considered income?

As part of the court’s determination of net income for purposes of setting an award for child support, the court, under 750 ILCS 5/505(a)(3), considers unemployment compensation as well as workers’ compensation awards within the scope of the statutory definition of “net income.” In In re Marriage of Dodds, 222 Ill.App.3d 99, 583 N.E.2d 608,

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INTEREST ON CHILD SUPPORT

  Today, if a party does not pay child support and is found to be in arrears, interest is automatically awarded via statute. However, prior to an Illinois Supreme Court ruling in 2011, child support interest was not considered mandatory. Rather, Illinois Courts had the discretion to award interest on back child support, but were

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Mandatory Parenting Classes being Considered

Under Illinois law, 750 ILCS 5/404.1, parents of minor children may be ordered by the court to complete an educational program that addresses the effects of dissolution of marriage on the minor children. Each county has specific court-approved programs, many of which are available online now. Generally, divorcing couples cannot get divorced until they have

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My Ex is not abiding by the terms of our divorce decree. What can I do?

Many divorce decrees will not only separate marital property, but they will also include specific tasks that the parties need to complete to effectuate the property transfers to each other in the future.  For example, some divorce decrees that have language in them regarding the sale or transfer of the marital home will require both

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What is Visitation Interference and What Can You Do About it?

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend time with your child, or visit with them. A parent has a couple of options in Illinois when the other parent interferes with their parenting time. You may proceed with a criminal prosecution or file a motion in the

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What do I need to bring to trial

                Prior to trial, parties will often issue an Illinois Supreme Court Rule 237(b) Request to Appear and Produce. This Rule 237(b) Request to Appear and Produce does just that: it requests the party to be present to testify at trial and, oftentimes, will request a party to bring certain documents with them to the

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Should a Child Be Able to Seek Support?

When we refer to a party “seeking support” in family law, we generally are referring to a spouse, either current or former, seeking maintenance and/or child support from the other spouse. An 18-year-old in New Jersey recently attempted to expand the scope of support orders by suing her parents for $654 a week in support,

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