Custody

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COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

The MSA provided that each year the parties would conduct a "true-up". It would be based on husband's tax documents. The true-up would determine if he paid the proper amount of support in the prior year. Subsequently, husband filed a motion to modify child support. He asked the court to reduce his monthly support obligation [...]

By | September 23rd, 2020|Child Support, Uncategorized|0 Comments

FATHER AWARDED PRIMARY DECISION MAKING FOR MINOR CHILD

The Court entered an order for father to have primary parental decision-making authority for educational and healthcare decisions. And the majority of parenting time for the parties' 2-year-old son. Mother appealed. She argued that the court's rulings were against the manifest weight of the evidence. The Appellate Court affirmed the Trial Court. Evidence showed a [...]

By | September 23rd, 2020|Parenting Plans|0 Comments

CASE SHOULD HAVE BEEN RESOLVED IN ILLINOIS

Husband filed a petition for legal separation from his wife.  She resided in Oklahoma with the parties' two children.   The trial court dismissed his petition.  Husband appealed. On appeal, he claimed that the trial court erred in dismissing his petition.  He argued that Illinois is the only court with jurisdiction under the Uniform Child-Custody Jurisdiction [...]

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support arrearage was $5,701.  This was for the years 2009 through 2014.    The Court, in 2018, calculated mandatory statutory interest on the arrearage.  It started the interest accrual from February, 2016. The law provides that: “A [...]

By | April 15th, 2020|Child Support|0 Comments

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