Friday, May 24, 2013

Child Support Case that May Affect Your Bloomington Illinois Case

In re Marriage of Mayfield

Illinois Supreme Court
Civil Court
Citation
Case Number: 
 2013 IL 114655
Decision Date: 
 May 23, 2013
District: 
 4th Dist.
Division/County: 
 Woodford Co.
Justice: 
 THEIS
Holding: 
 Appellate court affirmed.
Ex-husband received lump-sum settlement for workers compensation claim. Court must justify any departure from child support guidelines when allocating a lump sum. A one-time payment such as lump-sum settlement is income, but its nonrecurring nature may factor into court's decision on allocation. Ex-husband presented insufficient evidence to warrant deviation under Section 505(a)(2), and never speicifically asked court to depart from guidelines. Court properly set child support at 20% of lump-sum settlement, in absence of any evidence to support a different amount. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)

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Jon D. McLaughlin
(309) 319-6206 


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