[DOWNLOAD] "Hoos v. Hoos" by Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded # Book PDF Kindle ePub Free

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eBook details

• Title: Hoos v. Hoos
• Author : Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded
• Release Date : January 22, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This appeal results from a post-divorce order of the circuit court of Cook County which reduced child support arrearages of approximately $12,500 to $5,000. The respondent, William Hoos, who is also the obligor, appealed this reduction, alleging that the court should have allowed application of the doctrine of equitable estoppel to reduce the arrearages even further (to $1,900), and that the court erred in settling the amount of the arrearage at $5000. Since petitioner wife has not participated in this appeal, she has not filed a brief. This court is not obligated to act as an advocate or search the record to affirm the judgment of the trial court. In the interest of justice, however, and because the errors claimed can be easily decided without benefit of appellee's brief, we have examined and weighed the points raised in appellant's brief. (First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill.2d 128, 133, 345 N.E.2d 493.) Consequently, although perhaps with a result not intended by the respondent who pursues this appeal, we have determined that the order of the trial court was in error. See Falk v. Falk (1979), 77 Ill. App.3d 13, 16, 395 N.E.2d 750. In November 1974, a divorce was granted Clarice (petitioner) and William (respondent) Hoos. As a part of the divorce an agreed settlement was entered which contained, among other provisions, a stipulation that respondent should pay petitioner $550 a month child support. In conjunction with this allowance, the agreement also provided that: Should the wife obtain full time employment and net $100 weekly or more, then the Husband and Wife agree to renegotiate the support payments.

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