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Villaneuva v. O'Gara

668 N.E.2d 589 (1996)

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Villaneuva v. O'Gara

Illinois Appellate Court
668 N.E.2d 589 (1996)

  • Written by Jody Stuart, JD

Facts

Dolia Villaneuva (plaintiff) and Sean O’Gara (defendant) were the parents of Amanda. Villaneuva and O’Gara were never married. In a paternity action, O’Gara was ordered to make weekly payments to Villaneuva for child support. O’Gara was later injured at work and received $251,665 from the settlement of his potential personal-injury claims. Subsequently, Villaneuva filed a petition in trial court for increased child support, seeking a one-time lump-sum payment of 20 percent of O’Gara’s settlement. The trial court determined that O’Gara’s entire settlement constituted income under the guidelines for child support and ordered that 20 percent of the settlement be deposited in trust for the benefit of Amanda. The trial court did not enter findings of fact regarding an apportionment of damages among all of the components of damages recoverable in personal-injury torts. O’Gara appealed. The parties agreed that the settlement amount included a component representing O’Gara’s lost earnings.

Rule of Law

Issue

Holding and Reasoning (McLaren, J.)

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