This comment provides an in-depth examination of the case law that established Illinois's current trend toward consideration of new spouse income in cases of child support modification. The author reviews the traditional Illinois rule against consideration of such evidence and posits that Illinois should follow the lead of states like California and Texas to legislatively abolish new spouse income from a modifying court's consideration as a means of respecting the underlying principles of and returning internal consistency to the Illinois Marriage and Dissolution of Marriage Act.
College of Law
Northern Illinois University Law Review
Kawski, Clayton P.
"Stepping In(come): Evaluating the Inherent Inconsistency of Illinois's Trend Toward Consideration of New Spouse Income in Child Support Modification,"
Northern Illinois University Law Review: Vol. 27:
2, Article 4.
Clayton P. Kawski, Comment, Stepping In(come): Evaluating the Inherent Inconsistency of Illinois's Trend Toward Consideration of New Spouse Income in Child Support Modification, 27 N. Ill. U. L. Rev. 247 (2007).