Gregory v. Gregory

57 Citing cases

  1. Dixon v. Dixon

    360 N.E.2d 486 (Ill. App. Ct. 1977)   Cited 12 times

    The court may not "arbitrarily or capriciously" modify the provisions for alimony or child support but can do so only after a substantial change is shown to have occurred. Gregory v. Gregory (1964), 52 Ill. App.2d 262, 268, 202 N.E.2d 139. The defendant maintains that the record reflects substantial evidence of a change in circumstances since the decree was entered.

  2. Arnold v. Arnold

    258 Iowa 850 (Iowa 1966)   Cited 37 times
    Holding that § 535.3 "cannot be so extended as to embrace awards . . . which are uncertain, indefinite and conjectural"

    [5] We are satisfied fixed awards of money for child support, alimony, and property settlement draw interest at five percent per annum from date of judgment, or in case of specified periodic payments from the date each such payment becomes due and owing. Code section 535.3; Whittier v. Whittier, supra; Riemenschneider v. Riemenschneider, 239 Iowa 617, 634, 30 N.W.2d 769; Parker v. Parker, 155 Neb. 325, 51 N.W.2d 753, 756; Gregory v. Gregory, 52 Ill. App.2d 262, 202 N.E.2d 139; Shuff v. Fulte, 344 Ill. App. 157, 100 N.E.2d 502; McKay v. McKay, 13 Utah 2d 187, 370 P.2d 358; Howard v. Howard, 142 Cal.App.2d 222, 298 P.2d 48; Bickle v. Bickle, 196 Minn. 392, 265 N.W. 276; Harden v. Harden, 191 Okla. 698, 130 P.2d 311; 47 C.J.S., Interest, section 21, pages 33-35; 27B C.J.S., Divorce, section 377, page 872; 30 Am. Jur., Rev. Ed., Interest, section 24, page 22; and Nelson on Divorce and Annulment, Second Ed., section 14.73.

  3. In re Marriage of Rushing

    628 N.E.2d 245 (Ill. App. Ct. 1993)   Cited 3 times

    The court held that expenses related to a second marriage are only of secondary consideration vis-a-vis the obligation owed to a former wife on the question of support. In another earlier case, cited in Berkheimer, the court held that the obligations to a former wife take precedence over the obligations that arise from a subsequent remarriage. ( Gregory v. Gregory (1964), 52 Ill. App.2d 262, 202 N.E.2d 139 (remarriage and birth of child by second marriage does not present, in itself, a change of circumstances sufficient to warrant modification).) The Gregory court specifically stated its reasoning:

  4. Greiman v. Friedman

    414 N.E.2d 77 (Ill. App. Ct. 1980)   Cited 18 times

    There is authority for the broad proposition that a father's obligation to his second family does not present, in itself, a change of circumstances sufficient to warrant modifications of a support order. ( E.g., Gregory v. Gregory (1964), 52 Ill. App.2d 262, 202 N.E.2d 139.) In Gregory, defendant had violated a decree under which he was ordered to pay his former wife alimony and child support for his minor children.

  5. Pierce v. Pierce

    69 Ill. App. 3d 42 (Ill. App. Ct. 1979)   Cited 8 times
    In Pierce v. Pierce, 69 Ill. App.3d 42, 48, 386 N.E.2d 1175, 1179 (1979), this court refused to consider the petitioner's request for attorney fees because, although she had requested them in her prayer for relief, she had never filed a petition for fees.

    Only facts and circumstances not in existence at the time of the divorce proceeding can serve as the basis for modifying an alimony provision in a divorce decree. ( Gregory v. Gregory (5th Dist. 1964), 52 Ill. App.2d 262, 202 N.E.2d 139.) In the instant case the trial court made several findings of fact supporting its order terminating alimony; however, only one finding pertained to facts and circumstances arising after the decree had been entered.

  6. Kelleher v. Kelleher

    316 N.E.2d 212 (Ill. App. Ct. 1974)   Cited 3 times
    In Kelleher, decided under the former divorce act (Ill. Rev. Stat. 1975, ch. 40, par. 1 et seq.), the minor petitioned the court to compel his father to pay past-due child support.

    After carefully weighing the argument set forth by petitioner, we are unable to agree with his position. Petitioner asserts that past-due installments of child support are a vested right ( Slavis v. Slavis (1973), 12 Ill. App.3d 467, 299 N.E.2d 413; Stark v. Stark (1971), 131 Ill. App.2d 995, 269 N.E.2d 107; Gregory v. Gregory (1964), 52 Ill. App.2d 262, 202 N.E.2d 139; Hurt v. Hurt (1953), 351 Ill. App. 427, 115 N.E.2d 638) and constitute a debt due from the father. ( Wilson v. Wilson (1970), 122 Ill. App.2d 142, 257 N.E.2d 810; Lewis v. Lewis (1970), 120 Ill. App.2d 263, 256 N.E.2d 660; Hallett v. Hallett (1956), 10 Ill. App.2d 513, 135 N.E.2d 224; Gregory v. Gregory (1964), 52 Ill. App.2d 262, 202 N.E.2d 139.)

  7. Neeland v. Neeland

    308 N.E.2d 651 (Ill. App. Ct. 1974)   Cited 9 times

    The trial court reasoned that plaintiff had to provide the items which defendant would have provided if he had not neglected to pay. • 2 We have determined that the trial court properly found the amount of arrearages in payments and, since a decree of divorce providing for periodic support payments is a money decree, interest is recoverable thereon from the due date until satisfied ( Gregory v. Gregory, 52 Ill. App.2d 262, 202 N.E.2d 139; Simpson v. Simpson, 4 Ill. App.2d 526, 124 N.E.2d 573, 578). • 3 On the issue of allowance of attorney's fees, the plaintiff's attorney testified as to the reasonableness of such fees.

  8. Bowman v. Bowman

    298 N.E.2d 339 (Ill. App. Ct. 1973)   Cited 9 times

    The petitioner must show that a substantial change in the circumstances of the parties has taken place since the entry of the decree. Tan v. Tan, 3 Ill. App.3d 671, 279 N.E.2d 486; Gregory v. Gregory, 52 Ill. App.2d 262, 268, 202 N.E.2d 139, 142. • 2, 3 In the instant case, defendant alleges that the employment of his former wife by the Board of Education and his own remarriage amount to a material change of circumstances justifying the termination of the alimony award.

  9. Storm v. Storm

    9 Ill. App. 3d 1071 (Ill. App. Ct. 1973)   Cited 27 times
    In Storm v. Storm, 9 Ill. App.3d 1071, 293 N.E.2d 633, the same court that wrote the Snip opinion held that child support payments cannot be reduced pro rata automatically as each child reached majority.

    However, defendant was allowed a set-off for payments made by him to or for the benefit of his sons and for the periods during which they earned significant sums in employment, as was done in the instant case by the order of October 21, 1971, when defendant was credited with payment of $940.00 and when the trial court took into account — in the defendant's favor — the fact that the eldest son and daughter had been gainfully employed. In Gregory v. Gregory, 52 Ill. App.2d 262, 202 N.E.2d 139, the decree contained a provision for the support of two children, "$100 a month to continue until the coming of age or emancipation of either of said children, then $50 until the emanicipation of the remaining child." Past due support was reduced by the trial court from $6,465.

  10. Needler v. Needler

    131 Ill. App. 2d 11 (Ill. App. Ct. 1971)   Cited 21 times
    In Needler v. Needler, 131 Ill. App.2d 11, 268 N.E.2d 517, the court stated: "The measure of the sum to be paid is the need of the children and the ability of the husband to pay."

    The measure of the sum to be paid is the need of the children and the ability of the husband to pay. ( Gregory v. Gregory, 52 Ill. App.2d 262.) Such payments for care and support of a child are awarded separately and are to be distinguished from payments of alimony which are awarded for the care and maintenance of one of the spouses.