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DON’T ARGUE OVER STUFF THAT DOESN’T MATTER

Parties are divorced already.  The circuit court granted the wife’s Petition to increase child support.   She also filed a Petition for contribution to her attorney’s fees.  For most of the case, husband did not have an attorney.  Husband appealed on a number of grounds. Husband’s first argument on appeal is that the circuit court lacked [...]

By | November 9th, 2019|Uncategorized|0 Comments

I DIDN’T KNOW HE DIDN’T PAY THE MORTGAGE

During trial, wife testified that the marital residence had been listed for sale at $279,000 with two outstanding mortgages, totaling $170,000. The parties agreed that the residence had roughly $100,000 in equity. To wife’s knowledge, husband had paid all mortgage and tax payments.  He had not. Then, judgment for foreclosure and sale of the marital [...]

By | November 7th, 2019|Uncategorized|0 Comments

WHY DIDN’T YOU COME FORTH EARLIER?

 The court entered an order finding that Respondent father was unfit to parent his 4-year-old minor child.  It was in the minor's best interest to terminate his parental rights. The juvenile court expressly found Respondent not to be credible.  The court was permitted to take into account the fact that Respondent had knowingly remained uninvolved [...]

By | November 7th, 2019|Uncategorized|0 Comments

PAY YOUR CHILD SUPPORT AND THEN GO AFTER MONIES OWED TO YOU

The Court refused to offset the father’s unallocated maintenance and child support arrearage by the amount he allegedly paid to third parties for the mother’s benefit.  The support order was not modifiable by the father alone.  The court refused to order mother to reimburse father for monies he had paid to third parties for her.  [...]

By | October 23rd, 2019|Uncategorized|0 Comments

WHAT STATE SHOULD DECIDE CHILD CUSTODY MATTERS?

The parties were divorced in North Carolina.  Joint custody of the minor child was awarded to the parties by the North Carolina court. Later, the parties independently moved to Du Page County, Illinois. By agreement, the judgment of dissolution entered in North Carolina was registered and enrolled in the circuit court of Du Page County. [...]

By | October 1st, 2019|Uncategorized|0 Comments

SUPPORT FROM DECEDENT’S ESTATE IN PROBATE COURT

Mother filed claims for a “child's awards” under the Probate Act of 1975.  And for child support under the Illinois Marriage and Dissolution of Marriage Act.  This was in probate proceedings for the estate of the decedent, father.  The circuit court granted the child's awards pursuant to the Probate Act.  But, it denied a claim [...]

By | September 19th, 2019|Uncategorized|0 Comments

DID FORMER WIFE REALLY TRY TO FIND EMPLOYMENT?

The trial court had found that wife was in need of assistance but declined to make a permanent award of maintenance so that wife would be encouraged to become self-sufficient. During one of the hearings, the trial court explicitly stated that it was not awarding permanent maintenance because such an award would eliminate any incentive [...]

By | September 5th, 2019|Uncategorized|0 Comments

DID A SUBSTANTIAL CHANGE OF CIRCUMSTANCES TAKE PLACE?

Divorced mother petitioned for modification of child support. The Trial Court entered an order increasing Father's child support obligation. Father appealed. The Appellate Court held that the increase in father's available income resulting from the termination of spousal support and car payments on wife's vehicle was contemplated by the original divorce decree.  Therefore, it did [...]

By | September 5th, 2019|Uncategorized|0 Comments

FATHER NEEDS TO MAINTAIN A REASONABLE DEGREE OF INTEREST IN HIS CHILD

The trial court entered an order terminating father's parental rights as to his minor daughter.  She was then five years old.   The court granted mother’s and another man’s petition to adopt the child. The court found father an unfit parent.  On the basis that he failed to maintain a reasonable degree of interest, concern, or [...]

By | August 21st, 2019|Adoption, Uncategorized|0 Comments

SOCIAL SECURITY DISABILITY PAYMENTS IN LIEU OF CHILD SUPPORT

Wife had filed a petition to dissolve her marriage to husband, which was granted. The judgment required husband to pay a certain amount per week in child support for the parties' two children. However, husband failed to meet his child support obligations.  Orders were entered for payment of the original amount of child support plus [...]

By | August 5th, 2019|Uncategorized|0 Comments