Reversal of relief

July 23, 2012

  • 134V Spousal Support, Allowances, and Disposition of Property
  • 134V(I) Appeal
  • 134k1296 Harmless Error
  • 134k1315 Judgment or Order
  • 134k1315(2) Modification and Amendment
  • 134k1315(4) k. Spousal Support.

134V Spousal Support, Allowances, and Disposition of PropertyWhere, in proceeding brought by former husband to modify divorce decree by reducing alimony and child support payments, first hearing was before a judge who felt free to exercise his own judgment, but was denied certain of relevant facts, while second hearing was before a different judge who heard all facts, but did not feel free to make an independent determination regarding them, effect of such procedures was less than sum of their parts and failure to afford former wife the coincidence of a hearing free from inadvertent misrepresentations or factual admissions, and a judge free to exercise his own best judgment regarding evidence, required reversal of orders granting former husband relief which he had requested.
Dickson v. Dickson, 374 N.E.2d 1024 (Ill. App. Ct. 1978)
Suggested by Jeremy Feilmeyer, Westlaw Reference Attorney