In Re Marriage of Tollison

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the general rule in Illinois is that no credit is given for voluntary overpayments of child support, even if the overpayments were made under the mistaken belief that they were required
• a former husband who overpaid both maintenance and child support “cannot be denied relief simply because no procedural mechanism or current legal theory exists to undo the error”
• “The law is replete with legal theories ***, the underlying principle of which is that one person should not profit at the expense of another because of a wrong or a mistake”
• a former husband who overpaid both maintenance and child support \cannot be denied relief simply because no procedural mechanism or current legal theory exists to undo the error\
• court allowed reimbursement for overpayment of maintenance and child support even though “no procedural mechanism or current legal theory exists to undo the error” because the amount was paid pursuant to a court order and “fundamental fairness demands that such credit be given”

Source: CourtListener parenthetical corpus (CC0).