Illinois Child Support Case Law Update

Posted by Erin Birt | Jan 24, 2012 | 0 Comments

In Illinois Divorce and Illinois Custody matters, case law is always being produced and updated by the court system.  Today's post is going to focus on the Illinois Child Support Case Law Update.

In re the Marriage of Rice is a recent Illinois Child Support case that addresses the issues of child support modification, reduction, arrearages, and interest.

IRMO Rice highlights that parents cannot unilaterally negotiate the terms of child support without the court's approval, a parent cannot unilaterally modify child support without a courts approval, and subsequent orders that modify child support provisions modify a judgment or settlement agreement unless the order explicitly states what provisions shall remain in effect.

Legal tip: parents should always petition the court for any change in child support, such as modification of amount and/or duration.  For example, even if the settlement agreement or the judgment states that child support shall terminate on a specific date, the payor should petition the court to address the termination of child support.

If you have any questions about IRMO Rice and whether the case may apply to your situation, please contact The Law Firm of Erin N. Birt, P.C. at 630-891-2478. We can help identify Illinois child support issues and help  answer any Illinois child support related questions. Don't let was your legal investment without knowing how Illinois Child Support Case Law Update applies to you.

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About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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