Fitzgerald v. Theisen

Defendant appeals from an order of the Circuit Court of Kane County granting plaintiff’s petition to modify child support payments arising out of a paternity action. We reverse.

On April 25, 1972, plaintiff Lois A. Fitzgerald, brought a paternity suit against defendant Robert J. Theisen, charging that he was the father of her child born out of wedlock on August 18, 1971. In an effort to compromise their dispute the parties signed a stipulation on October 10, 1972, which provides in relevant part:

“B. That Robert J. Theisen shall pay to the plaintiff the sum of twenty dollars ($20.00) per week…