Attorney Michael John Scalzo's Legal Cases

Divorce and separation

In re Marriage of Berendt, 2015 IL App (2d) 140797-U

Aug 06, 2015

OUTCOME: Successful appeal

Michael Scalzo represented the father in an appeal arising from a post-decree child support case. Four (4) years after the parties' divorce, the mother filed a petition seeking child support arreara ... ges going back to the date of the divorce judgment. The father moved to dismiss the mother's petition, arguing that it was barred by the parties' divorce judgment and Illlinois statute. The trial judge denied the father's motion to dismiss and entered a judgment for child support arrearages against him. On appeal, the Appellate Court agreed with the father that the mother was barred from seeking child support and, therefore, the father had no arrearages. Accordingly, the judgment of the trial court was reversed and the case was remanded for further proceedings.

Child support

Collins v. Ill. Dept. of Healthcare & Family Services, 2014 IL App (2d) 130536

Jun 26, 2014

OUTCOME: Successful appeal

Michael Scalzo represented the father in an appeal over the proper jurisdiction of an interstate child support case. An order was entered in Illinois, which obligated the father to pay child support a ... nd both parties to contribute to the child's health and travel expenses. At the time, the mother and child lived in Tennessee. Soon after the order was entered, the father moved to Ohio. Two years later, the father lost his job and filed a petition in Illinois to reduce his child support. He also filed a petition to enforce the provision regarding the child's health and travel expenses, claiming the mother never paid her share. Finding that none of the parties resided in Illinois, the trial court, on its own motion, transferred both petitions to Tennessee. On appeal, the Appellate Court found that Tennessee was the proper jurisdiction for the father's motion to reduce child support, but that Illinois was the proper jurisdiction for the father's petition to enforce the child's health and travel expenses. Thus, the trial court's decision was affirmed in part, reversed in part, and remanded for further proceedings.

Divorce and separation

In re Marriage of Heinrich, 2014 IL App (2d) 121333

Mar 19, 2014

OUTCOME: Successful appeal

Michael Scalzo represented the husband in a dispute over the validity of an attorney fee clause in a prenuptial agreement. Prior to their marriage, the parties signed a prenuptial agreement stating ... that, in the event of a divorce, neither party shall be allowed to seek attorney's fees from the other. The parties had 2 children. At the time of the divorce, the wife had a vast financial advantage over the husband, due to her substantial non-marital estate. Consequently, the husband asked the trial court to declare the attorney fee clause void as it relates to children's issues (custody, visitation, support, etc.) and allow him to seek attorney's fees on those issues. The trial court denied the husband's motion. On appeal, the Appellate Court found the attorney fee provision void as against public policy as it applies to children's issues. Therefore, the judgment of the trial court was reversed and the case was remanded for further proceedings.

Michael John Scalzo's Legal Cases (3)

In re Marriage of Berendt, 2015 IL App (2d) 140797-U

Collins v. Ill. Dept. of Healthcare & Family Services, 2014 IL App (2d) 130536

In re Marriage of Heinrich, 2014 IL App (2d) 121333