Ebach v. Ebach - Calendar

9:30am Monday, September 8, 2008
20080057 Lana K. Ebach, Plaintiff and Appellee
v.
Donald M. Ebach, Defendant and Appellant
Appeal from: South Central Judicial District, McLean County, Judge Bruce B. Haskell
Nature of Action: Divorce/Property Div./Alimony
Counsel:

Appellant: Benjamin C. Pulkrabek
Appellee: Bair, Bair & Garrity, LLP

Issues: Appellant's Statement of the Issues:
I.Did Judge Haskell err when he ruled that Donald's retirement wasn't a significant change in circumstances justifying elimination or reduction of spousal support?
II.Did Judge Haskell err when he ruled that cancer of the prostate, prostate surgery and Donald's current health are not to be considered a significant change in circumstances, justifying elimination or reduction of Donald's child support?
Appellee's Statement of the Issues:
1:The facts that Donald reached age 65 and is retired, by themselves, do not establish a material change in circumstances to warrant a reduction or elimination of his obligation to pay spousal support.
2:Given that Donald has the ability to pay spousal support, his health has not deteriorated and that Lana's health has deteriorated and Lana has shown a continuing need for spousal support, the trial court did not err when it determined that Donald had not shown a material change in circumstances to justify the reduction or elimination of spousal support.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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