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IN RE MARRIAGE OF JUNGKANS

No. 2-05-0640.

847 N.E.2d 141 (2006)

364 Ill. App.3d 582

301 Ill.Dec. 482

In re MARRIAGE OF Marie JUNGKANS, Petitioner, and Keith A. Jungkans, Respondent-Appellant (The State ex rel. the Department of Public Aid, Intervenor-Appellee).

Appellate Court of Illinois, Second District.

April 19, 2006.

Attorney(s) appearing for the Case

Neal W. Cerne, Cerne & McSwain, P.C., Wheaton, for Keith A. Jungkans.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, for the State ex rel. Illinois Department of Public Aid.

Justice CALLUM delivered the opinion of the court:

Respondent, Keith A. Jungkans, appeals the trial court's order finding that he owed $14,750 in overdue child support to petitioner, Marie Jungkans. He contends that equitable estoppel should have prevented a finding of an arrearage, but that the trial court erroneously concluded that it did not have the power to apply equitable estoppel. We reverse and remand.

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