Monthly Archives: November 2015

Social Security Dependent Benefits and Child Support

Nov 11, 2015 | Blog |

In a case of first impression before the Appellate Court of Illinois, a marital settlement agreement requiring the respondent to pay 32% of his net income for guideline child support of three minor children was found unconscionable.  In re Marriage of Ruth Mitter, 2015 IL App (1st) 142695.  The husband challenged the settlement agreement arguing the trial court erred in denying him a credit of Social Security Retirement dependent benefits of $1,083 a month toward the child support payments.  The court agreed with the husband that the benefits were earned and should be considered part of his overall child support […]

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