In re Marriage of Campbell

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2017 IL App (2d) 170171
Decision Date: 
October 27, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Justice: 
McLAREN
Holding: 
Reversed and remanded.

Petitioner placed a lien for unpaid child support on property that was held in land trust for benefit of her ex-husband, and notified him about the lien. After his death, court granted motion of subsequent beneficiary of the trust to release the lien. Section 505(d) of Dissolution Act provides that a lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by noncustodial parent. Thus, lien arose against all of ex-husband's property. No further action, including notification of a third party such as the trustee, was required to impose lien on ex-husband's personal and real property. Court erred in granting motion to release lien, as lien was still valid when subsequent trustee tried to sell the property. Remanded for determination of amount to which Petitioner would be entitled if lien were found to be valid.(BURKE and SCHOSTOK, concurring.)