Child Support and Maintenance 2021
Recorded: May 6, 2021
Program Moderators: Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
Legislative Update
Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Don’t Leave Money on the Table: American Rescue Plan Impact on Support
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
On the Nature of Presumptions… Hard and Soft Standard of Review
Address what it takes to deviate from the support and maintenance guidelines. This includes soft and hard presumptions, bursting bubbles, and the clear-and-convincing evidence standard to rebut the guidelines.
Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Child Support Guidelines: Deviating from the Presumptive Award
The Illinois Child Support Guidelines provide that the court may “deviate” from the presumptive award “if the application would be inequitable, unjust, or inappropriate.” Review how the guidelines were developed, what are they based on and what “other factors” have courts considered that should not be overlooked. Focus will be on how to argue for deviations including in a high-income case, how to argue for private school and extracurricular activities, medical and childcare expenses.
Laura W. Morgan, Family Law Consulting, Amherst, MA
Why are My Support Numbers Different than Yours?
Have you ever tried to determine child support and the calculations you received are vastly different from the calculations provided by your client, opposing counsel, or even the Judge? Explore the variables, assumptions and tax implications which impact child support calculations irrespective of whether or not child support is based on statutory guidelines. Recognizing and understanding the variables which may impact child support calculations encourages financial transparency thereby enhancing the path to resolution.
Kimberly Cook, Dovetail Conflict Resolution, Chicago
Support Modification: Is Anything Not Foreseeable?
- O’Hara
- Salvatore (2018)
- Recent Case on MS
Leah Setzen, Grunyk Family Law, Naperville
New Issues in Income Support—Wasn’t this Settled? Solecki and Beyond
- IRAs – Districts having different approaches
- Double dipping / savings account approach
- Other related issues
Hon. Jeffrey Hirsch, 22nd Judicial Cir., Woodstock
Maintenance: Impact of Prospective Retirement
- Income or asset?
- If and when
Kelli E. Gordon, Feldman Wasser, Springfield
Maintenance Modification or Review – Preventing Future Problems
Learn how to navigate the confusion of maintenance modification and maintenance review proceedings. Case law between the appellate districts varies as to whether the guidelines apply to review or modification cases. Improve your skills from a discussion of how to best consider post-decree cases (and pre-decree drafting) of the enigmatic “rehabilitative” maintenance case.
Stephanie Kasten, The Gitlin Law Firm, Woodstock
Adjourn
= IICLE® Publications Author
Recorded: May 6, 2021
Program Moderators: Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
Legislative Update
Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Don’t Leave Money on the Table: American Rescue Plan Impact on Support
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
On the Nature of Presumptions… Hard and Soft Standard of Review
Address what it takes to deviate from the support and maintenance guidelines. This includes soft and hard presumptions, bursting bubbles, and the clear-and-convincing evidence standard to rebut the guidelines.
Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Child Support Guidelines: Deviating from the Presumptive Award
The Illinois Child Support Guidelines provide that the court may “deviate” from the presumptive award “if the application would be inequitable, unjust, or inappropriate.” Review how the guidelines were developed, what are they based on and what “other factors” have courts considered that should not be overlooked. Focus will be on how to argue for deviations including in a high-income case, how to argue for private school and extracurricular activities, medical and childcare expenses.
Laura W. Morgan, Family Law Consulting, Amherst, MA
Why are My Support Numbers Different than Yours?
Have you ever tried to determine child support and the calculations you received are vastly different from the calculations provided by your client, opposing counsel, or even the Judge? Explore the variables, assumptions and tax implications which impact child support calculations irrespective of whether or not child support is based on statutory guidelines. Recognizing and understanding the variables which may impact child support calculations encourages financial transparency thereby enhancing the path to resolution.
Kimberly Cook, Dovetail Conflict Resolution, Chicago
Support Modification: Is Anything Not Foreseeable?
- O’Hara
- Salvatore (2018)
- Recent Case on MS
Leah Setzen, Grunyk Family Law, Naperville
New Issues in Income Support—Wasn’t this Settled? Solecki and Beyond
- IRAs – Districts having different approaches
- Double dipping / savings account approach
- Other related issues
Hon. Jeffrey Hirsch, 22nd Judicial Cir., Woodstock
Maintenance: Impact of Prospective Retirement
- Income or asset?
- If and when
Kelli E. Gordon, Feldman Wasser, Springfield
Maintenance Modification or Review – Preventing Future Problems
Learn how to navigate the confusion of maintenance modification and maintenance review proceedings. Case law between the appellate districts varies as to whether the guidelines apply to review or modification cases. Improve your skills from a discussion of how to best consider post-decree cases (and pre-decree drafting) of the enigmatic “rehabilitative” maintenance case.
Stephanie Kasten, The Gitlin Law Firm, Woodstock
Adjourn
= IICLE® Publications Author
| Program Date | 5/6/2021 |
| Program Date | 5/6/2021 |