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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

UNCOVERED MEDICAL EXPENSES ARE NOT PAID BY SOCIAL SECURITY DISABILITY FOR CHILD

Husband had been involved in a motor vehicle accident. He sustained severe injuries that left him permanently and totally disabled.  The court ruled that husband would not be required to pay child support as long as his only source of funds was a monthly social security disability benefit. The circuit court denied the husband’s petition [...]

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

THE DOWNSIDE OF USING A PREPRINTED FORM

THE DOWN SIDE OF USING A PREPRINTED FORM The Trial Court entered a two year plenary order of protection.  The male Respondent was ordered to stay 500 feet away from his ex-spouse and her 4 minor children for 1 year.   The Respondent appealed.  He argued that the circuit court erred in admitting into evidence [...]

JUDGE WOULD NOT COMPEL THE CHILD TO TESTIFY IN COURT

The Trial Court terminated the parental rights of the mother as to her daughter, age 9 at the time of the hearing. The Court deniedthe mother's motion to compel the daughter to testify at the termination hearing. J.C. was three when DCFS got involved.  An anonymous call was made to the Department of Children and [...]

By | July 29th, 2019|DCFS-related, Uncategorized|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 [...]

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 [...]