[Download] "In Re T.d." by Illinois Appellate Court — Second District Judgment Affirmed # Book PDF Kindle ePub Free

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eBook details

• Title: In Re T.d.
• Author : Illinois Appellate Court — Second District Judgment Affirmed
• Release Date : January 02, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

On September 8, 1982, petitioner filed for a rule to show cause, claiming arrearages of child support payments. Following a hearing and the filing of points and authorities by counsel, the trial judge entered his judgment on May 5, 1983, in behalf of petitioner for arrearages of $16,850 plus interest on the payments in the amount of $11,663.07. Petitioner filed a post-trial motion seeking attorney fees and stating that the courts May 5, 1983, order on the rule to show cause made no finding as to whether respondents failure to pay child support was without cause or justification. After hearing on August 8, 1983, the court concluded that respondents failure to pay child support was not without cause or provocation. The trial judge therefore declined to apply section 508(b) of the Illinois Marriage and Dissolution of Marriage Act and treated attorney fees as discretionary under section 508(a). (Ill. Rev. Stat. 1981, ch. 40, pars. 508(a), (b).) On September 28, 1983, the trial court entered its order on petitioners post-trial motion, finding petitioners reasonable attorney fees amounted to $1,680 and ordering respondent to pay $1,200 in light of the relative financial circumstances of the parties. Respondent appeals from the judgment of the circuit court of Champaign County. Petitioner cross-appeals. We affirm and remand the cause.

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