Custody

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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 [...]

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

In the divorce decree, the parties shared custody of their minor child.    A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court took that information into consideration.  As well as the parties’ respective net incomes, maintenance payable by the wife, and the [...]

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

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

The Trial Court initially awarded the wife $6,000 per month for maintenance.  And $6,000 per month for child support for a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the awards.  It then ordered $15,000 maintenance and no child support.  Should the maintenance terminate while the child remains unemancipated, then [...]

By | April 25th, 2019|Child Support, Spousal Maintainence|0 Comments

FILING A TIMELY PETITION FOR COLLEGE EXPENSES

The provisions of a divorce decree may be modified to require one or both parents to provide for the education and maintenance of a child.  Whether that child is of minority or majority age. But, provisions respecting maintenance or support may be modified only as to installments accruing after the filing of the motion for [...]

By | April 2nd, 2019|Child Support|0 Comments

YOU HAVE TO PAY SUPPORT DURING THE APPEAL

The former wife initiated proceedings against the former husband to enforce child-support provisions of their marital settlement agreement.   It had been incorporated in the judgment dissolving their marriage. The Trial Court ordered former husband to pay the child support arrearage.   It set his current child support obligation at $3,000 per month.   It found him in [...]

By | March 26th, 2019|Child Support|0 Comments