Custody

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ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

Ex husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though ex husband's overnight custody had grown from 15% to 45%. The court explained that ex husband's increased share of custody was too long ago. It had taken place five [...]

By | October 18th, 2019|Child Support|0 Comments

SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX HUSBAND

The trial court held numerous hearings on multiple postjudgment issues.  These issues had been pending for several years.  The trial court entered an order denying a finding of contempt against ex husband for nonpayment of child support expenses.  Ex wife appealed. The appellate court reversed.  It held that the ex wife had met her burden.  [...]

By | October 18th, 2019|Child Support|0 Comments

WHY CAN’T I MOVE THE CASE FROM ILLINOIS?

Father filed a petition to vacate portions of the Illinois divorce decree. The trial court vacated the child custody and child support provisions of a judgment of dissolution of marriage.   The court ordered that the issue of child custody would be decided in Illinois.   Mother and child now lived in the State of Texas.  Mother [...]

By | October 1st, 2019|Interstate and International Custody Issues|0 Comments

CAN A COURT IGNORE AN AGREEMENT OF THE PARTIES?

Parties divorced in Illinois. Mother was granted leave to move to New York with the minor child. The  removal and visitation order contained a forum-selection clause.  The parties had agreed on it as part of the agreement for mother to move with the child to New York.  It required that jurisdiction remain with the State [...]

By | October 1st, 2019|Interstate and International Custody Issues|0 Comments

CHILD SUPPORT FROM DECEDENT’S ESTATE

Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  Unless there was an obligation for the parent to provide such support prior to his death.  Treacy v. Treacy, 204 IllApp3d 282. Section 510€ provides that a petition seeking to have a court order child [...]

By | September 19th, 2019|Child Support|0 Comments

FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to his child. The Circuit Court granted summary judgment against the father.  He appealed. The Appellate Court held that: (1) creditor could hold divorced, noncustodial parent liable under the family expense statute for expenses incurred on [...]

By | July 8th, 2019|Child Support|0 Comments

CAN YOU SUE A GUARDIAN AD LITEM?

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she suffered in a motor vehicle accident.   The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement.   The plaintiff minor sued her mother.   The [...]

MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter's private high school tuition.  The husband argued that he should pay less than half [...]

By | June 24th, 2019|Child Support, Spousal Maintainence|0 Comments

THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

The mother of the minor child filed a petition to change the minor's legal last name.  From that of the child's father (an inmate in Department of Corrections) to that of the minor's stepfather. The Trial Court denied the mother’s petition.  She appealed. The Appellate Court found that the Trial Court had erred.  The Trial [...]

By | June 11th, 2019|The Best Interests of the Child|0 Comments

DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to husband.  He was then a resident of the state of Georgia.   He was personally served. The petition for dissolution requested that the court award wife a [...]