Publications

In re Marriage of Barboza

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2018 IL App (2d) 170384
Decision Date: 
Thursday, December 13, 2018
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Vacated and remanded.
Justice: 
BIRKETT

Court erred in granting husband's motion to dismiss wife's 2nd petition to modify child support. Court that presided over dissolution proceedings did not explicitly find a cap on child support to be in the children's best interests. The fact that parties agreed to cap child support in MSA (Marital Settlement Agreement) was irrelevant for purposes of ruling on wife's 2nd petition to modify support. (McLAREN and BURKE, concurring.)