In re Marriage of Fortner

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2016 IL App (5th) 150246
Decision Date: 
Tuesday, April 5, 2016
District: 
5th Dist.
Division/County: 
Randolph Co.
Holding: 
Affirmed.
Justice: 
CHAPMAN

In order modifying child support, court properly found that proceeds of wrongful death settlement husband received, from his father's death, as it increased his financial resources, it was a material change in circumstances justifying one-time upward deviation from guideline amount of child support. Settlement proceeds constitutes income.  In light of broad, inclusive definition of income in Dissolution Act, damages for pain and suffering, disability, and emotional grief and loss from wrongful death settlement are income for purposes of child support.(GOLDENHERSH and CATES, concurring.)