Cavitt v. Repel

Illinois Appellate Court
Civil Court
Relief from Judgment
Citation
Case Number: 
2015 IL App (1st) 133382
Decision Date: 
Monday, March 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court entered order granting Defendant's motion to dismiss a "petition to void" filed by Plaintiff to vacate, per Section 2-1401, 1997 judgment for child support. Court was within its discretion in imposing $31,997 in attorney's fees and costs upon Plaintiff, per Section 508(b) of Marriage Act and Rule 219(b), for her refusal to answer or her changing her answers to Defendant's requests for admission. Section 508(b) does not require court to weigh parties' respective income and assets before imposing fees on non-compliant party. Court was not required to conduct full evidentiary hearing before dismissing Section 2-1401 petition to vacate. Court properly dismissed petition as it alleged no specific facts of intentional misstatement or concealment but only conclusory statements. (DELORT and HARRIS, concurring.)