Volume 06| October 2019
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Happy Halloween! We hope to provide updates and awareness of legal issues through this newsletter. In this month's issue we focus on child support and disclosures required by the seller in a real estate transaction. We hope everyone has a fun and safe Halloween.
Child Support Case Update:
In re the Marriage of Izzo 2019 IL App (2d) 180623
Has your parenting schedule changed since you got divorced? Do you have more time with your child(ren) than you had before? Does your spouse now have less overnight parenting time than at the time your divorce was finalized? You may qualify for a modification in the court order for child support. 

Child support is governed by Section 505 of the Illinois Marriage and Dissolution of Marriage Act. Section 505 of the Illinois Marriage and Dissolution of Marriage Act was amended to implement an income-sharing system for calculating child support. The amendment became effective July 1, 2017. Since that date, there have been a few appellate court cases that have provided some guidance regarding parties’ attempts to use the new child support statute to modify previous child support court orders. 

In order to modify a previous court order for child support, the requesting party must prove to the court that there has been a substantial change in circumstances since the entry of the last court order. The law requires that this substantial change in circumstances must be something other than the fact that the law itself has changed. If the requesting party proves that there has been a substantial change in circumstances, then the court must apply the statutory factors to determine the new child support amount under the new law.

The court In re the Marriage of Izzo, was presented with several facts on which the petitioning father relied in order to establish that there had been a substantial change in circumstances. However, the court focused on the single factor that father’s overnight parenting time had increased (Read more)
Real Estate: Seller Disclosures
If you are considering buying or selling a home in the near future, it is important to understand what you as the seller have to disclose to the prospective buyer and what information you as the buyer are entitled to receive. 

The Residential Real Property Disclosure Act requires the seller in a residential real estate transaction to make certain disclosures to the buyer regarding their knowledge of defects about the property. These required disclosures only apply to residential real estate transactions. The seller of any residential property shall complete the disclosure, certify the disclosure and provide the disclosure to the potential buyer.

In completing the disclosure, the seller is to provide the prospective buyer with information regarding material defects in the residential real property. A material defect means a condition that would have a substantial adverse effect on the value of the residential real property or that would significantly impair the health or safety of future occupants unless it has been corrected. The seller is only required to make disclosures of any material defects that the seller has actual notice or actual knowledge. The disclosure also does not require the seller to make any specific investigation regarding whether defects exist.  (Read more)
Gehris & Associates, LLC escapes again! This year the annual firm outing took the members of Gehris & Associates, LLC to downtown Chicago. Our skills were put to the test in Mission: Mars and Prison Break at the Escape Game Chicago. These two escape rooms were no match for the members of our team as we escaped from both escape rooms with time to spare. Our continued to efforts to provide the best service for our clients requires constant team building and bonding.
Gehris & Associates, LLC
820 E. Terra Cotta Ave., Crystal Lake, IL 60014