BHGA Wins Reversal in Child Support Case

Friday, January 24, 2014

The law firm of Birnbaum, Haddon, Gelfman & Arnoux filed and secured an appellate court reversal in its client’s favor in mid-January while a case that involved child support was pending.

BHGA represented a woman whose ex-husband owns three Wrigleyville rooftops, along with other business interests. He had filed a petition to modify the current child support order of $10,000 per month. While awaiting a hearing, he paid only about $4,500 per month, thus establishing a child support arrears of approximately $80,000.

Rather than sit on its hands and do nothing while waiting for the hearing, BHGA served non-wage garnishments on the man’s banks and recovered about $25,000.

The ex-husband’s lawyer filed a motion to quash, and the trial court granted the motion, allowing him access to the money and denying BHGA’s client access to the funds.

Matthew C. Arnoux filed an appeal. Within seven days, the appellate court reversed the trial court and effectively awarded the client the money in the ex-husband’s bank account, even though the case was still pending and undetermined.

Arnoux was ably assisted by Amy Brogioli, a third-year law student at Loyola University Chicago School of Law, who contributed extensively to the research required in the case.