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also states that the amount of payment will be reviewable upon
the emancipation of A.D., the first of the two minor children to
reach the age of 18. The Judgment is silent otherwise as to the
parties’ intent that the payment or any part thereof, be
deductible as alimony by petitioner and includable as gross
income to Ms. Dillon. The Judgment itself is also silent as to
whether petitioner’s obligation to make the monthly payments
would survive petitioner’s death.
A.D. turned 18 sometime during the year at issue. The
record is silent as to whether, at that time, the amount of the
monthly payments being paid by petitioner was reviewed by the
circuit court.
Petitioner has been employed as a school teacher by
Consolidated High School in Orland Park, Illinois, for the past
15 years. In accordance with the terms of an Order made pursuant
to the Judgment, petitioner’s monthly payments to Ms. Dillon were
deducted from his paychecks. At trial, the Court received into
evidence three paycheck stubs dated August 31, September 15, and
December 15, 2005. Each of these stubs shows a wage assignment
deduction of $755. Petitioner did not have with him at the trial
any of the stubs from the year in issue, however, he claimed that
given the opportunity, he could and would produce the stubs for
2002. At the close of the trial, the Court ordered that the
record in this case would remain open for 30 days in order for
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Last modified: November 10, 2007