Family Law Lifeline

Posted on December 16, 2008 by John Steele

Like Criminal law, Family law is extremely state specific.  I have had potential clients attempt to correct me on one more than one occasion by telling me that their friend from Texas/Minnesota/Indiana had a divorce and some aspect was was different then I was explaining to them. Speaking of which, my favorite difference to point out to people among the states is that Indiana, located 20 minutes from Chicago has the non residential parent pay child support until age 21, versus 18 for Illinois. Think that matters?  Lets see, if an obligor parent earns $100,000 per year (net), thats $60,000 more over those 3 years (assuming 20 % deduction in IN).  Ouch!  Think about it, a 20 year old kid, working at a job, going to school, etc, while the residential parent walking out to that mailbox with a BIG smile every month to pick up that $1800 check.  Think where you file for divorce is important?  I do.   Think it is worth fighting to keep a child custody order in IL, or aquiesing to the residential parent’s request to move out of the state? For example, Indiana likes to say that if they modify a support order from another state, they can apply other aspects of their child support laws to the ‘foreign’ child support order. (Now think about that earlier conversation regarding the obligor parent paying for their 20 year old child.) In other words, the obligor parent changes the pickup time, for his weekend after the child moves out of IL, Indiana may add three years to the time that parent gets to pay support.  Ouch! Just a note, I am not licensed in Indiana and am merely commenting on well documented differences in laws between Illinois and our (frighteningly close) neighbor to the east. Posted on December 16, 2008 by John Steele

Like Criminal law, Family law is extremely state specific. I have had potential clients attempt to correct me on one more than one occasion by telling me that their friend from Texas/Minnesota/Indiana had a divorce and some aspect was was different then I was explaining to them. Speaking of which, my favorite difference to point out to people among the states is that Indiana, located 20 minutes from Chicago has the non residential parent pay child support until age 21, versus 18 for Illinois. Think that matters? Lets see, if an obligor parent earns $100,000 per year (net), thats $60,000 more over those 3 years (assuming 20 % deduction in IN). Ouch! Think about it, a 20 year old kid, working at a job, going to school, etc, while the residential parent walking out to that mailbox with a BIG smile every month to pick up that $1800 check. Think where you file for divorce is important? I do. Think it is worth fighting to keep a child custody order in IL, or aquiesing to the residential parent’s request to move out of the state? For example, Indiana likes to say that if they modify a support order from another state, they can apply other aspects of their child support laws to the ‘foreign’ child support order. (Now think about that earlier conversation regarding the obligor parent paying for their 20 year old child.) In other words, the obligor parent changes the pickup time, for his weekend after the child moves out of IL, Indiana may add three years to the time that parent gets to pay support. Ouch! Just a note, I am not licensed in Indiana and am merely commenting on well documented differences in laws between Illinois and our (frighteningly close) neighbor to the east.

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