Friday, April 17, 2015

New (sorta of) Way to Get Retroactive Child Support in Illinois







In re Marriage of Rocha


Illinois Appellate Court


Civil Court

Citation


Case Number:

2015 IL App (3d) 140470


Decision Date:

April 15, 2015


District:

3d Dist.


Division/County:

Will Co.


Justice:

WRIGHT


Holding:

Affirmed and remanded with directions.


http://www.state.il.us/court/Opinions/AppellateCourt/2015/3rdDistrict/3140470.pdf

Husband was ordered to pay child support of $150 per week, in 1998 Judgment of Dissolution. Fifteen years later, court granted wife's Section 2-1401 petition to vacate prior court orders based on court's finding that husband had fraudulently concealed his income and employment from court starting in 2003. Court properly found that husband consciously committed fraud upon court by failing to truthfully reveal status of his employment during court proceedings in 2003. Court properly recalculated child support beginning from date of fraud in 2003. Court properly ordered husband to pay 9% interest on unpaid child support dating back to 2003.















Jon D. McLaughlin


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