Chicago divorce lawyer helps uncover assets
As a Chicago divorce lawyer I see that, often times, one spouse alone manages the parties’ finances. Or, one party knows that an asset exists, such as a retirement account, but does not know where it is held or the value. The Illinois Supreme Court has given divorce lawyers tools with which to discover assets so that one party is not unjustly enriched to the detriment of the other. By way of example, the rules provide for the mandatory production of documents, accompanied by a signed affidavit stating that the spouse has produced all of the documents within his or her possession and control. In the vast majority of cases, there is usually a “paper trail”, which an experienced attorney can follow, to verify whether the disclosure of information is complete. If the other spouse withholds or hides information, a court has the authority to impose severe sanctions against that spouse.
An attorney is also permitted to take the deposition of a party, to obtain information. A deposition consists of the attorney asking the other spouse or a witness questions. The answers are sworn to, under oath, with a court reporter present to record the answers. Again, there are safe guards in the event that the party being asked the questions is not being truthful.
Also, an attorney has been granted the power to subpoena documents from third parties and to obtain testimony from third parties. Since most people are paid by check or their salaries are direct deposited into their bank accounts, and dividends and retirement contributions are documented, uncovering income or an asset can be as simple as obtaining the right document and following the paper trail, which is called “tracing”. Even if someone maintains a cash business, income and assets can be discovered. It may be more complicated but, nevertheless, it can be accomplished.
If you are in need of a Chicago divorce lawyer that understands divorce laws and how to use them to help their clients, please contact us.
How A Divorce Court in Illinois Determines Child Support
Section 505(a)(3) of the Illinois Marriage and Dissolution of Marriage Act specifies certain minimum guidelines which a divorce court is mandated to use in determining child support. Those guidelines set a percentage of the non-residential parent’s “ net income”: 20% for one (1) child; 28% for two (2) children; 32% for three(3) children; 40% for four(4) children; 45% for five (5) children; and 50% for six(6) or more children.
The divorce statute defines “net income” as “the total of all income from all sources, minus the following deductions:
(a) Federal income tax payments (properly calculated withholding or estimated tax payments);
(b) State income tax (properly calculated withholding or estimated tax payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization insurance premiums;
(g) Prior obligations of support or maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon determination of such payment period.”
These guidelines are customarily applied by courts in divorce cases. However, Illinois law allows divorce courts the ability to deviate from these guidelines, if the facts of a specific case warrant it. That is why it is important to choose a divorce attorney that is familiar with Illinois divorce laws.Some examples where there have been adjustments are: where one or both parents have an extraordinarily high income; one parent is unemployed; a child has special needs of a child; or there is a split custody arrangement. Having said this, whether there is a downward or upward deviation is made on a case by case basis and there is no hard and fast rule.
By way of example, in the case of In ReThe Marriage of Bush, 191 Ill. App. 3d 249, 547 N.E.2d 590, 138 Ill.Dec. 423 (4th Dist. 1989), the 20% amount of child support for a four-year- old child was $30,000.00 per year. The divorce court found this amount excessive because it was disproportionate to the actual needs of the child. The purpose of child support is not to result in a windfall to the custodial parent.
Another example is the case of In Re InThe Marriage of Keown, 225 Ill. App. 3d 808, 587 N.E. 2d 644, 167 Ill. Dec 375 (4th Dist. 1992). In that case, the split custody arrangement consisted of one child living with the mother and the two other children living with the father. The trial court stated that that there need not be a strict mathematical application of the guidelines where there is split custody of the children. This decision was affirmed by the Illinois Appellate Court.