Divorce Lawyers New York - Recent Family Law Decisons (22)
RECENT FAMILY LAW DECISIONS (22)
Filing
The Illinois General Assembly, in moving the “due notice” phrase from one location to another, changed the law as it had been previously interpreted by this state’s judiciary, the filing date of the modification petition is no longer the earliest point to which a retroactive modification of maintenance or support payments may be ordered; rather, consistent with the Federal mandate, the earliest point to which retroactive modification of maintenance or support payments may be ordered; rather, consistent with the Federal mandate, the earliest point to which retroactive modification of maintenance or support payments may be ordered is the date on which the non-moving party receives “due notice” from the moving party of the filing of the modification petition.
Final Order
Circuit court’s order, which ordered the payment each month of maintenance in a fixed amount but, because of circumstances shown by the evidence, reserved review of the decision for modification two years or less after the order was entered, was final and appealable.
The legislative pronouncement contained in subsection (a) of this section requires that judgments in dissolution proceedings be accorded the same degree or status of finality that is accorded to judgments in other proceedings; otherwise, the integrity of judgments in dissolution proceedings would be subject to erosion.
A decree of divorce is final as to the circumstances and conditions of the parties on the date of its entry; upon a subsequent application for a modification, only matters which have occurred subsequent to the entry of the decree may be considered by the court.
It has long been recognized that a decree in the divorce case is final as to conditions then existing.
Foreign Court’s Modification
One state must recognize a sister state’s judgment to the degree that it is non-modifiable, and the second forum must apply the first forum’s law to determine the extent of modification; thus, to determine the degree to which an Illinois decree to which an Illinois decree is modifiable, the foreign court should refer to this section.
Guardian ad Litem
Abuse of Discretion
An appointment of a guardian ad litem for a child who was not a party to modification of child support action and without an evidentiary showing of the need for a guardian was an abuse of the trial court’s discretionary power.
