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PEOPLE EX REL. MEYER v. NEIN

No. 4-90-0459.

568 N.E.2d 436 (1991)

209 Ill. App.3d 1087

154 Ill.Dec. 436

The PEOPLE of the State of Illinois ex rel. Mechelle MEYER, Petitioner-Appellant, v. Larry NEIN, Respondent-Appellee (The Department of Public Aid, Intervening Petitioner-Appellant).

Appellate Court of Illinois, Fourth District.

February 28, 1991.

Attorney(s) appearing for the Case

Donald M. Cadagin, State's Atty., Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Timothy J. Londrigan, Staff Atty., Springfield, for petitioner-appellant.

Thomas R. Appleton, Elizabeth W. Anderson, Morse, Giganti & Appleton, Springfield, for respondent-appellee.

Presiding Justice LUND delivered the opinion of the court:

The question in this case is whether a trial court can reduce child support payments because the obligor has been incarcerated and, as a result, has lost his income for conduct unrelated to the dissolution action. We find no authority in Illinois case law, but conclude the trial court has such authority.

Respondent Larry Nein was ordered to pay child support by an order entered subsequent to the dissolution...

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