Volume IIII - Issue No. 2- Summer 2001

TO MOVE OR NOT TO MOVE: Paternity Cases Differ From Divorce

The Illinois Appellate Court has held that courts lack the power in paternity cases to enjoin a party from removing a child from the state.

 In contrast, such injunctive relief is available under The Marriage and Dissolution of Marriage Act. When the custodial parent seeks to move from Illinois after a divorce, he or she must first obtain the consent of the non-custodial parent or, lacking such consent, must convince the court that there has been a substantial change of circumstances and that such a move would be in the child's best interests.

While the Paternity Act does not allow a court to enjoin a custodial parent from removing a child to another state, the custodial parent would be in contempt of court if by so doing, the custodial parent did not comply with any existing visitation order.

This H.U.D.'s for You

If you are considering purchasing a home for the first time, check out H.U.D.'s internet site: http://www.hud.gov/buyhome.html. The site includes answers to "100 Questions About Buying a Home", "Tips" about how to shop for a mortgage, a "Calculator" to determine how much mortgage you can afford, a discussion on choosing a real estate agent, home inspections, appraisals, and homeowner's insurance.

CONDO LATE FEES RULED UNENFORCEABLE

In a case initiated in Rock Island County, the Appellate Court has held that a provision in the bylaws of a condominium association which assessed a late payment for each month a payment is late was an impermissible penalty and unenforceable.

The Court reasoned that there was no relationship between the late fee and the damage associated with the late payment.

Truth and Consequences

Judge: "Do you understand that you have sworn to tell the truth?"
Witness: "I do."
Judge: "Do you understand what will happen if you are not truthful?"
Witness: "Sure. My side will win."

We welcome your submissions of legal humor. But be nice now!

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