Publications

In re Marriage of Benyon

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2019 IL App (3d) 180364
Decision Date: 
Tuesday, May 7, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
O'BRIEN

In judgment of dissolution, parties shared custody of their minor child. Court was required to consider the SSDI benefit payment received by the child as income to the husband. As child lives with the husband half of the time, the husband has a responsibility to maintain the child's standard of living. As the SSDI dependent benefit was generated through labor and earnings of the husband and is intended for the current maintenance of the child, it should be used as such. Court was without authority to order that SSDI dependent benefit be put into an account for future needs. (SCHMIDT and McDADE, concurring.)