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 [...]
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 [...]
Husband incorporated JDS Homes, a construction business. In 2006, JDS Homes purchased a parcel of land in Burr Ridge known as the Crosscreek Subdivision. The land was divided into 10 separate lots. With the exception of Lot 7, all of the lots were developed and sold. In 2012, respondent incorporated JDS Home Builders. Lot 7 [...]
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 [...]
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 [...]
The parties divorce. In their agreement, they are each to make and keep in full force and effect a valid will. It is to provide that each of them will give and bequeath at least 50% of their net estate to their six children in equal shares. They also agreed to a remedy in [...]
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 [...]
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 [...]
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 [...]
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 [...]