25th April 2008
The occurrence of oral cancer is more common than one might think. In fact, it's as common as leukemia and claims more lives each year than either melanoma or cervical cancer. That is why the American Cancer Society recommends oral cancer screening as a...
07th April 2008
The proof of claim is the document indicating what a particular creditor is claiming that it is owed by a debtor. It is the starting point for receiving a share of any funds distributed by the bankruptcy trustee. The same proof of claim for applies to b...
07th April 2008
It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while...
03rd April 2008
Form 22 Means Test & Automobiles
One would initially not recognize a significant difference in the preparation of documents for Chapter 7 bankruptcy and for Chapter 13 bankruptcy. After all, it seems relatively simple. In a Chapter 7 bankruptcy case,...
03rd April 2008
The award of attorney fees and the amount to be paid by the parties is within the discretion of the trial court and will not be disturbed absent a clear showing of an abuse of discretion. An award of attorney fees in an Illinois divorce proceeding is ordi...
02nd April 2008
The above principals cannot be applied in a rigid or mechanical fashion but require the trial court to exercise discretion. In re Tatham. The standards applicable to determining jurisdiction cannot be applied in a mechanical fashion, but require the exe...
29th March 2008
The following items have been handed down by the marital and family law judges. The details of the cases have been summarized for easier statements of the rulings:
Res Judicata
The original decree awarding child support payments are res judicata so...
27th March 2008
Where father testified that his wife agreed to the reduction in child support on the condition that he help his son find a place to live and that he support him financially, where father testified further that he paid his son more than $4,000 over a two y...
10th March 2008
The trial court is justified in increasing child support if the needs of the child and the earnings of the supporting parent have increased since the judgment granting child support was entered. Where a former spouse's ability to pay child support is show...
28th February 2008
In a Chapter 7 bankruptcy case, all non-exempt property can be sold to satisfy creditors. The question that arises is just what is non-exempt property? This question cannot be answered in generalities. Instead, the answer depends upon which jurisdictio...
25th February 2008
When is the right time to file personal bankruptcy? This is a personal question that must be answered on a case by case basis. My general thought is that if a person can bail himself out of debt within a period of six months, he should not file a bankru...
13th February 2008
Increase Denied
Trial court properly denied petitioner's request for increased child support. Modification of support is required where there is a substantial imbalance between the supporting parent's capabilities and the child's needs. Where there was...
11th February 2008
Factors Considered
When setting an amount for modification of child support, the court may consider the same factors used when formulating an original support order; these factors include the standard of living the child would have enjoyed if the marri...
08th February 2008
Discretion of Court
Modification of child support payments rests within the sound discretion of the trial court.
Dissolution Judgment
Where respondent husband did not object to the terms of the dissolution judgment imposing support obligations so...
06th February 2008
Cost of Living Increase
Evidence presented to the trial court indicated that the cost of supporting a child had substantially increased and that defendant's income had substantially increased so as to enable him to pay this additional amount; in light ...
