Palatine Divorce Court Trial Outcomes: Successful Achievement in Child Support
I had a fairly interesting trial this week in Palatine divorce court. At issue was maintenance under the newly enacted statute, child support and division of debt. I represented the wife in this case. At the beginning of the trial, I called the Husband as an adverse witness which came as a surprise to him. Normally, you start with your own client who was the petitioner in the cause of action.
I was able to get him to admit to arrearages in child support and other matters. My client then testified as to her need for maintenance and child support which was supported adequately by her Affidavit of Income and Expenses. She also testified as to certain school loans that she took out that the family used to live on.
I also called as a witness her father who testified that he had lent the family substantial amounts of money for them to live on. The Judge awarded my client everything we had asked for. When the maintenance and child support are combined, she received just short of 50% of his net income. When 50% of extra curricular activities, 50% of day care and 50% of uncovered medical expenses are added in, the award is more than 50% of his net income. The judge also is requiring him to pay half of the loan to my client’s father and half the amount of the student loan debt that the parties used to live on. Overall a good result.
-James M. Kelly
