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Child Support and Maintenance 2021

The 2021 IICLE® Child Support & Maintenance seminar features topics including: recognizing and understanding variables which may impact child support calculations and encourage financial transparency; addressing what it takes to deviate from the support and maintenance guidelines; navigating the confusion of maintenance modification; and a review of recent, prevalent cases.
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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

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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

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Program Date5/6/2021
Products specifications
Program Date5/6/2021
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