SUPPORT ORDER; ANNUAL ADJUSTMENT;
INCOME: RESIDENCE SALE PROCEEDS, MORTGAGE LOAN, BUSINESS EXPENSES
[
,
9/4/08]
In Re Marriage of Baumgartner,
___ Ill. App.3d ___, ___ N.E. 2sd ____ (1st Dist., No. 1-06-2866, 6/30/08)
[C&C, 8/08 FORUM]
Support Order with Annual Adjustment is Proper, Enforceable; Proceeds from Sale
of Residence, Mortgage Loan are Not Income for Support Calculation; Unreimbursed
Business Expenses, Resulting in Loss, Are Deductible
THIRD-PARTY CITATION: MARITAL PROPERTY
[, 7/7/08]
In Re Marriage of Takata, ___ Ill. App. 3d ___, ___ N.E. 2d ____
(3rd Dist., No. 3-07-0175, 6/13/08) [C&C, 8/08 FORUM]
Support Obligor's Marital Interest in Spouse's IRA May be
Reached to Satisfy Support Arrearages.
INCOME: IRA DISTRIBUTIONS; RENT INCOME
[, 7/7/08]
In Re
Marriage of O'Daniel, ___ Ill. App. 3d ___, 889 N.E. 2d 254 (4th
Dist., No. 4-07-0250, 6/2/08) [C&C, 8/08 FORUM]
IRA Distribution, Rent Income Properly Ignored as Income for
Support Determination.
PARENTAGE: CONCLUSIVENESS OF ACKNOWLEDGMENT;
STANDING TO CHALLENGE
[, 7/7/08]
In Re Parentage of G.E.M., ___ Ill. App. 3d ___, ___ N.E. 2d ____
(3rd Dist., No. 3-06-0848, 5/27/08) [C&C, 8/08 FORUM]
Voluntary Acknowledgement of Paternity, Not Timely or
Properly Challenged, Conclusively Establishes Parentage; Mother Lacks
Standing to Challenge; Order Vacating Paternity Determination on Mother's
Request is Void; Action to Name New Father Properly Dismissed for Lack of
Justiciable Issue.
INCOME WITHHOLDING: FINE, JURISDICTION
[, 7/7/08]
In Re Marriage of Gulla, ___Ill. App. 3d ___, 888 N.E. 2d 585 (2nd
Dist., No. 2-07-0387, 5/1/08) [C&C, 8/08 FORUM]
Out-of-state Employer is Subject to Illinois Jurisdiction to
Enforce Penalty for Failure to Withhold Support; Fine Proper Where Employer
Fails to Overcome Statutory Presumption of Willful Failure to Pay After Proper
Notice.
MODIFICATION: EMPLOYMENT LOSS; SELF-EMPLOYMENT;
CONTEMPT
[, 7/7/08]
In Re Marriage of Deike,
381 Ill. App. 3d 620,
887 N.E. 2d 628 (4th Dist., No. 4-07-0256, 4/3/08) [C&C, 8/08 FORUM]
Involuntary Employment Loss, Unprofitable Self-employment
Venture Not Sufficient Change in Circumstance to Reduce Child Support, College
Expense Contribution; Failure to Comply Justifies Contempt Finding, Purge Order,
Attorney's fees (with a dissent)
SUPPORT TERMINATION: TERMINATION OF PARENTAL RIGHTS
[, 2/7/08]
Dept. of Healthcare & Family Services v.
Warner, 222 Ill. 2d 572, 861 N.E. 2d 655 (No. 103289, 1/25/08) [C&C,
8/08 FORUM]
Termination of Parental Rights Does Not Terminate Parents'
Support Responsibilities Unless Child's Adoption is Actually Being Pursued
(reversing 366 Ill. App. 3rd 1178, 853 N.E. 2d 435
(4th Dist., No. 4-05-0464, 8/2/06))
INCOME
WITHHOLDING; PENALTY FOR NON PAYMENT
[, 2/7/08]
In Re Marriage of Miller,
___ Ill. 2d, ___, ___ N.E. 2d ____ (No. 104022, 104035 cons., 11/29/07)
[C&C, 3/08 FORUM]
Income withholding fine exceeding $1 million not excessive or
unconstitutional
(reversing
369 Ill. App. 3d 46, 860 N.E.
2d 519 (1st Dist., No. 1-05-0243, 12/12/06))
FINAL AND APPEALABLE ORDERS; CONTEMPT ACTION
[, 2/7/08]
In Re Marriage of Gutman, ___ Ill. App. 3d ___, ___ N.E. 2d ____
(2nd Dist., No. 2-06-0213, 10/16/07)
Ruling on Maintenance Termination is Final, Appealable 30
Days After Denial of Reconsideration, Despite Pendency of Contempt Petition;
Contempt Proceedings are Separate From "Multiple Claims in an Action" under S.
Ct. Rule 304(a).
(On 1/30/08 the Illinois Supreme
Court granted leave to appeal, No. 105648).
SUPPORT; PERCENT-OF-INCOME ORDERS; FINAL & APPEALABLE
ORDERS
[, 2/7/08]
In Re
Marriage of Duggan,
___ Ill. App. 3d ___, ___ N.E. 2d ___ (2nd Dist., No. 2-06-0061,
10/16/07) [C&C, 3/08 FORUM]
Agreed percent-of-income support order improper; amendment of
Supreme Court Rule permits appeal from premature Notice of Appeal
INTEREST: BANKRUPTCY
[,
8/18/07]
In
Re Eichwedel, ___ F. Supp. ___ (US Bkrptcy Ct., C.D. Ill, No.
06-81327, 7/30/07) [C&C, 3/08 FORUM]
Interest on Child Support Mandatory Since May 1, 1987, Not
Waived by Failure to Assert in Tax Offset Notices, Included as Priority Domestic
Support Obligation Claim in Ch. 13 Bankruptcy
ARREARAGES: PAYMENT LIMITATIONS
[,
8/18/07]
Crank v. Crank, ___ Ill. App. 3d ___, ___ N.E. 2d ____ (3rd Dist.,
No. 3-06-0907, 7/12/07) [C&C, 3/08 FORUM]
Payment Toward Support, Maintenance Arrearages Not Limited to
Level of Terminated Current Payments or by Limits in Wage Assignment Act
PRESUMED FATHER: STANDING TO SEEK CUSTODY
[,
8/18/07]
In Re Marriage of Casey, ___ Ill. App 3d ___, ___ N.E. 2d ___ (5th
Dist., No. 5-07-0020, 5/18/07) [C&C, 3/08 FORUM]
Husband, Presumed to be Father When Seeks Custody, Has
Standing to Seek Custody Despite Subsequent Exclusion of Paternity
PATERNITY: POST-DISSOLUTION JURISDICTION
[,
8/18/07]
In Re Marriage of Mannix & Sheetz, ___ Ill. App. 3d ___, ___ N.E. 2d
____ (1st Dist., No. 1-06-2130, 3/30/07, modified on denial of rehearing 6/18/07)
[C&C, 6/07 & 3/08 FORUM]
Parentage Action for Child Conceived During Marriage, But Born
Post Dissolution, Governed by Parentage Act, Properly Brought in Dissolution Case
MAINTENANCE: TERMINATION
[,
5/28/07]
In Re Marriage of Thornton, ___ Ill. App. 3d ___, ___ N.E. 2d ___
(3rd Dist., No. 3-05-0722, 4.17.07) [C&C, 3/08 FORUM]
Petition Required to Terminate Maintenance Based on
Continuing, Conjugal Relationship
SUPPORT: CREDIT FOR DIRECT PAYMENTS
[,
4/2/07]
In Re Marriage of Paredes, ___ Ill.
App. 3d ___, 863 N.E. 2d 788 (1st Dist, No. 0-05-1525, 2/16/07) [C&C, 6/07 FORUM]
Credit for Support Payments Made Directly to Former Spouse
Improper When Ordered to be Paid to IDPA/IDHFS.
PATERNITY: PUTATIVE FATHER REGISTRY
[,
2/4/07]
J.S.A. v. M.H.,
224 Ill. 2d 182, 863 N.E. 2d
236 (No. 101697, 2/1/07) [C&C, 6/07 FORUM]
Failure to Register With Putative Father Registry Does Not
Bar Parentage Action by Man Claiming Parentage Where Adoption Not Anticipated. (reversing
361 Ill. App. 3d 745, 841 N.E. 2d 983 (3rd Dist., 10/28/05))
NON-PARENTAGE: LIMITATIONS; S. CT. RULE. 137
SANCTIONS; COLLEGE EXPENSES
[,
4/8/07]
In Re Marriage of Thomsen, 371 Ill. App. 3d 236, ___ N.E. 2d ____
(2nd Dist., No. 2-06-0289, 1/17/07) [C&C, 6/07 FORUM]
Petition to Establish Non-Parentage of Children, Seeking DNA
Tests, 12 Years After Earlier Testing, Adjudication of Parentage, Properly
Denied as Time Barred and Frivolous, S. Ct. Rule 137 Sanctions Proper;
Allocation of College Expenses Proper in Absence of Record Showing Error.
INCOME: SPENDTHRIFT TRUST DISTRIBUTION; CONTEMPT
[,
1/22/07]
In
Re Marriage of Sharp, 369 Ill. App. 3d 271, 860 N.E. 2d 539 (2nd
Dist., No. 2-05-1233, 12/14/06) [C&C, 6/07 FORUM]
Distribution Received from Spendthrift Trust is Income
Available to Beneficiary for Payment of Child Support and Maintenance,
Regardless of Limitations Within the Trust; Specific Evidence of Inability to
Pay Required to Avoid Contempt finding, Purge Order.
INCOME WITHHOLDING: PENALTY FOR NON PAYMENT
[, 1/22/07]
In
Re Marriage of Miller, 369 Ill. App. 3d 46, 860 N.E. 2d 519 (1st
Dist., No. 1-05-0243, 12/12/06) [C&C, 6/07 FORUM]
$100 per day Penalty for Employer's Failure to Withhold Child
Support, Amounting to $1,127,100, is Unconstitutional as Applied to This Case as
Violation of Due Process.
Leave to Appeal Granted by
Illinois Supreme Court, 3/28/07 (Nos. 104022 & 104035 cons.)
PARENTAGE: VOLUNTARY ACKNOWLEDGMENT, PUTATIVE FATHER
REGISTRY
[,
1/22/07]
In
Re Petition of Reyes, 369 Ill. App. 3d 150, 860 N.E. 2d 456 (1st
Dist., No. 1-06-1534, 12/8/06) [C&C, 6/07 FORUM]
Birth Certificate Including Father's Name is Evidence he
Signed Voluntary Acknowledgment of Paternity; Consent to Adoption Required
Despite Failure to Register with Putative Father Registry.
SUPPORT ARREARAGES: MARITAL vs. NON-MARITAL PROPERTY
[,
1/22/07]
In
Re Marriage of Edwards, 369 Ill. App. 3d 1035, 861 N.E. 2d 1020 (5th
Dist., No. 5-06-0046, 11/29/06) [C&C, 6/07 FORUM]
Support Arrearages from First Marriage Accrued During Second
Marriage are Not Marital Property of Second Marriage.
FINAL & APPEALABLE ORDERS: POST-DISSOLUTION
ISSUES
[,
1/22/07]
In
Re Marriage of Gaudio, 368 Ill. App. 3d 153, 857 N.E. 2d 332 (4th
Dist., No. 4-05-0908, 10/23/04) [C&C, 6/07 FORUM]
Order Denying Maintenance Not Final, Appealable Without S.
Ct. Rule 304 (a) Finding Where Issues Regarding Support Modification Remain
Pending
ENFORCEMENT: EQUITABLE ESTOPPEL DEFENSE; REQUEST TO
ADMIT
[,
1/22/07]
Babcock
v. Martinez, 368 Ill. App. 3d 130, 857 N.E. 2d 911 (4th Dist., No.
4-05-0662, 10/23/06) [C&C, 6/07 FORUM]
Payment of Lesser Support as Ordered in Respondent URESA
Order Provides Equitable Estoppel Defense to Arrearages Accruing under
Continuing Illinois Dissolution Order; Support "Owed" is Legal
Conclusion, Not Admitted by Failure to Respond to Request to Admit.
SETTLEMENT AGREEMENTS: UNCONSCIONABILITY REVIEW
[,
10'9/06]
In Re Marriage of McNeil, 367 Ill. App. 3d 676, 856 N.E. 2d 15
(2nd Dist., No. 2-05-0098 & 2-05-0405 cons., 9/26/06) [C&C, 6/07 FORUM]
Claim that Settlement Agreement Including Provisions for
Child Support is Unconscionable Requires Court Review Before Entry
MODIFICATION: RETROACTIVE, FAILURE TO REPORT
EMPLOYMENT; ABATEMENT: SUPREME COURT RULE 296 [,
9/13/06]
People ex tel. Greene v. Young, 367 Ill. App. 3d 211, 854 N.E. 2d
300 (4th Dist., No. 4-05-0782, 8/23/06) [C&C, 6/07 FORUM]
Retroactive Modification Proper Where Obligor Failed to
Report New Employment as Ordered; Support "Abated" Only Temporary Pursuant to
Supreme Court Rule 296
SUPPORT TERMINATION: TERMINATION OF PARENTAL RIGHTS [,
9/13/06]
Dept. of Healthcare & Family Services ex rel. Stover v. Warner,
366 Ill. App. 3rd 1178, 853 N.E. 2d 435 (4th Dist., No. 4-05-0464, 8/2/06) [C&C,
6/07 FORUM]
Child Support Obligation Ends when Obligor's Parental Rights
Terminated
Leave to Appeal Granted by
Illinois Supreme Court, 11/29/06 (No. 103289)
For earlier decisions see the Case Law Supplement
Indices in the Archives of the Family
Support FORUM, and case summaries in past issues of the FORUM referred to
therein.
