Lake Toback DiDomenico Notches Back-to-back Appellate Victories
CHICAGO, Sept. 2, 2021 /PRNewswire/ -- Fresh off their unanimous victory in May before the Illinois Supreme Court in In re Marriage of Crecos, 2021 IL 126192, Lake Toback DiDomenico partners Michael G. DiDomenico and Sean M. Hamann won back-to-back cases before the First District Illinois Appellate Court, resulting in two published opinions in the course of just nine days.
In the first case, In re Marriage of Durdov, 2021 IL App (1st) 191811 (filed August 3, 2021), DiDomenico and Hamann secured an outright reversal of the circuit court's decision to substantially reduce child support being received by a single mother in northern Cook County. Following briefing and a spirited oral argument, the Appellate Court issued a unanimous opinion, reversing the lower court and agreeing with the LTD argument that there had been no substantial change in circumstances, as the mother's obtaining full-time employment was an event that the parties had contemplated at the time of their divorce. In so finding, the Court looked not only to the parties' marital settlement agreement, but also to the other orders entered at the time. DiDomenico said of the win, "It is often overlooked that child support is required to serve the best interests of the children, it is not about what one party wishes to pay. We are grateful that the Appellate Court relied on the parties' agreements to determine what was ultimately best for these children and reverse the unjust and substantial reduction ordered by the lower court." Hamann said, "We are certainly very happy for Veronica, particularly knowing how important a sufficient child support award was for the benefit of the minor children. The decision was correct, both legally and factually." The case marks the first published opinion from the First District to find a contemplation based on the parties' prior agreements.
In the second case, In re Marriage of Kimberly R., 2021 IL App (1st) 201405 (filed August 11, 2021), DiDomenico and Hamann secured an affirmance of the lower court's decision, blocking a mother's attempt to relocate the parties' special needs son to Tennessee under the guise of better educational opportunities. The parties' divorce was acrimonious, and the relocation trial revealed evidence of the mother's pervasive efforts to stifle the father's relationship with his son. In a lengthy opinion analyzing each relocation factor in the context of the case, the Appellate Court agreed with LTD arguments that such a move away from his father was not in the child's best interests. When asked about the decision, DiDomenico said, "Relocation cases are some of the toughest and most emotional in all of family law. This one was no different. We're pleased that the Court affirmed the lower court's thoughtful decision denying the attempted relocation to assure that our client maintains every opportunity with his son." Hamann stated, "I am glad that our client has the opportunity to continue to be a major part of his child's life. Moreover, the thorough analysis is spot on. While each case stands on its own facts, the principles from this case will provide important guidance for years to come."
SOURCE Lake Toback DiDomenico
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