Tuesday, June 3, 2008

Illinois Divorce law updates

Civil - U C C J E A/ Child Custody
Appeal from 4th Dist. In re Sophia G.L., a Minor, No. 104603 (May 22, 2008) (THOMAS ) Appellate court reversed
Appellate court erred when it reversed trial court's order refusing to enroll Indiana judgment giving custody of infant, to paternal grandfather and his wife; after mother, who had lived with them and child since child's birth, moved to Illinois to live with child's father. Although Indiana's court's findings, that grandparents qualified as de factor custodians and that it was child's home state, is not against the manifest weight of the evidence, and although father was not entitled to notice until he established parentage in Illinois, initial order was exercise of emergency jurisdiction only. By time of hearing on custody jurisdiction, Indiana court was aware of Illinois parentage determination; and acted without giving father proper notice as required by UCCJEA.

Civil - Educational Expenses/ Parentage

4th Dist. People ex rel Sussen v. Keller, No. 4-07-0704 (May 7, 2008) Champaign County (MYERSCOUGH) (COOK, dissent) Reversed and remanded
Trial courts findings when making decision on motion for Section 513 educational expenses, that child's choice of out of state post high school technical school for automobile repair is reasonable, is against the manifest weight of the evidence, since respondent presented evidence that an adequate less expensive local school is available; and there was no evidence in the record to demonstrate that child's choice was a superior program. However, trial court's determination that respondent, who earns $22,000 per year, could afford to contribute one third of expenses for school, transportation and lodging is not against manifest weight. On remand court should order respondent to pay one third of costs of completing associates program for less expensive community college program.

Civil - Child Support/ Income Withholding / Jurisdiction

2nd Dist. In re Marriage of Gulla, No. 2-07-0387 (May 1, 2008) Lake County (GILLERAN JOHNSON) Affirmed
Trial court correctly concluded that it has jurisdiction to hold Mississippi employer liable for its failure to withhold income from its employee after it was served, by certified mail, with an order for withholding from Illinois court. Mississippi Code, in compliance with United States Code requirement, treats Illinois withholding order as if it were entered in Mississippi. In addition, because employer took no action after receiving clearly stated order that instructed it to contact wife's attorney if it had any questions, employer failed to rebut presumption of willfulness; and penalty of $369,000 is proper,

Child support

House Bill 4291 (Lindner, R-Sugar Grove; Martinez, D-Chicago) requires the Department of Health and Family Services to investigate and reimburse child-support obligors for its wrongful collection of child support. It applies to collections from obligors whose child-support order has been terminated for a child 18-years-old or older or who has graduated from high school. HFS must refund the child support within 60 days of its determination that it was wrongfully collected. Passed the House and is in Senate Rules Committee.

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