Abatement Of Child Support In Illinois

Big, bad things can happen in a parent’s life. A parent could lose their job, become seriously ill or go to prison. When something so serious happens in a parent’s life, what happens to their child support obligation? Can child support be put on pause while the parent deals with their unemployment, injury, illness, or incarceration? Abating Child Support In Illinois Lawyer’s love words that only seem to ever apply in a legal sense. One of those words is “abatement.” So, a lawyer will propose to “abate” child support in lieu or saying “terminate” or “pause” child support. Abatement is “the suspension or defeat of a pending action for a reason unrelated to the merits of the claim.” Black’s Law Dictionary (11th ed. 2019) Just because there is a word for something does not make that word good law. Abatement of child support used to be allowed in Illinois via Illinois Supreme Court Rule 296. “Upon written petition of the obligor, and after due notice to obligee (and the Department of Public Aid, if the obligee is receiving public aid), and upon hearing by the court, the court may temporarily reduce or totally abate the payments of support, subject to the understanding that those payments will continue to accrue as they come due, to be paid at a later time. The reduction or abatement may not exceed a period of six months except that, upon further written petition of the obligor, notice to the obligee, and hearing, the reduction or abatement may be continued for an additional period not to exceed six months.” 134 Ill. 2d R. 296(f) The committee comments were even nicer to child support payees who were down on their luck. “This paragraph applies only to the short-term inability of the obligor to pay support due to a temporary layoff from employment or other factors. It recognizes that obligors often become temporarily unemployed, rendering them unable to meet their support obligations. This provision is short of a written modification of the Order for Support. It allows the obligor to petition the court, prior to the filing of a petition for adjudication of contempt, for an opportunity to repay those amounts in small increments after employment is regained. This rule is contrary to the holding of the appellate court in Coons v. Wilder (1981), 93 Ill. App. 3d 127, [ 416 N.E.2d 785,] in which the court stated, `We find no statutory or case […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/abatement-of-child-support-in-illinois/

Attorney Fees For Support Of An Adult Disabled Child

Having an adult disabled child is difficult. Having to drag your child’s parent into court to support that adult disabled child makes it even worse. Caring for an adult child surely reduces the earning capacity of the care-giving parent which makes expensive litigation all the more burdensome without a request for attorney’s fees. Can you ask your child’s other parent for attorney’s fees as well as support for an adult disabled child in an Illinois divorce or parentage action? Supporting An Adult Disabled Child In Illinois Parents of disabled children owe their disabled child support well into adulthood. “The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of a child of the parties who has attained majority when the child is mentally or physically disabled and not otherwise emancipated.” 750 ILCS 5/513.5(a) The Illinois statute provides few guidelines or restrictions as to how much support can be requested in order to support an adult disabled child. “In making awards under this Section, or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including:(1) the present and future financial resources of both parties to meet their needs, including, but not limited to, savings for retirement;(2) the standard of living the child would have enjoyed had the marriage not been dissolved. The court may consider factors that are just and equitable;(3) the financial resources of the child; and(4) any financial or other resource provided to or for the child including, but not limited to, any Supplemental Security Income, any home-based support provided pursuant to the Home-Based Support Services Law for Mentally Disabled Adults, and any other State, federal, or local benefit available to the non-minor disabled child.” 750 ILCS 5/513.5(b) Attorney’s Fees And The Support Of An Adult Disabled Child 750 ILCS 5/513.5 provides great latitude to require the parent with more money to support the adult child. 750 ILCS 5/513.5 is silent, however, as to whether the parent with more money should pay for the other parent’s attorney’s fees either during or after the litigation required to determine the support of an adult disabled child. Typically, parties are responsible for their own attorney’s fees. “Illinois follows the ‘American Rule,’ which provides that absent statutory authority […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/attorney-fees-for-support-of-an-adult-disabled-child/

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