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75 Ill. App. 3d 89

Finley v. Finley

Appellate Court of Illinois

Decided July 13, 1979

Appellate Court of Illinois · decided 1979-07-13

Cited by 10 later decisions — most recently July 1995

10 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-07-13

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G. J. MORAN, P. J.,

¶1specially concurring:

¶2I concur in this opinion, but I would have preferred to affirm the trial court in toto.

¶3I do not believe that section 510(c) of the new Illinois Marriage and Dissolution of Marriage Act compels an automatic pro rata deduction in a case where a trial court enters a support order for all of the children collectively. In this case the wife’s expenses did not decrease pro rata as each child became of age. If a party obligated to pay a collective sum for several children desires to have the payment diminished proportionately as each child becomes of age, he or she should be required to file a petition in the trial court asking for that relief. This gives the opposing party the opportunity to seek a new award to reflect the present circumstances.

¶4Mr. JUSTICE KARNS, dissenting:

¶5I dissent in part from the majority opinion for the same reasons expressed by me in my dissent in Doty v. Doty.

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