Ask Cari: If a Parent Receives Money as a “Gift”, Does it Count as Income for Child Support Purposes?

Rincker LawFamily/Matrimonial Law

Dear Cari,  My parents give me money each month as I’m still a college student.  Will this count as my “income” for child support purposes?  I live in Urbana, Illinois.  Thanks,  Todd  Dear Todd, Yes, the courts have the ability to consider that income. Consider these cases: In Re Marriage of Rogers, 213 Ill 2nd 129 (2004), which set forth …

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Modifying Child Support in Illinois

Rincker LawFamily/Matrimonial Law

  Modifications to a child support order in Illinois can be granted based on a “substantial change in circumstances” since the last child support order was entered. In addition, a child support order can also be modified if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the Illinois Marriage and Dissolution …

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Illinois Family Law: Was Your Marriage Invalid?

Rincker LawFamily/Matrimonial Law

When two people are going through a divorce, one of the first things courts consider is whether the marriage itself was VALID.  Albeit rare, under Illinois law, parties can assert a ground for dissolution of the marriage alleging that the marriage itself was not valid.  Here are a few of the possible reasons: a party lacked property capacity to consent to …

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Illinois Family Law: Common Law Marriage

Rincker LawFamily/Matrimonial Law

Interestingly, Illinois does not recognize common law marriage (i.e., when two people cohabitate and hold the other out as a spouse for a certain period of time); however, Illinois WILL recognize a common law marriage in other state if that couple then moves to Illinois and then wants a divorce. Importantly, this doesn’t affect child support if there are kidlets …

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