Legal Question in Family Law in Illinois

I had a 16000 dollar disability settlement from the military during the time I was with my husband. I put the money in a trust account for our son. The trust account reads with my fathers name as trust for my son. The marriage is over, husband filed for divorce and during a resolution meeting the money came up. The GAL didn't like the fact the father wanted half of the money, but it did come out during that meeting that I used 6000 of the money for divorce legal fees. Now the GAL says it is now a marital asset because I did this. Please note that my future ex cashed out his 401k without my knowledge and as far as I am concerned this is a wash because he never had me sign any papers regarding distribution of 401k.


Asked on 2/20/13, 9:35 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

There are many issues raised in your post. First of all once you placed the money in a trust account for your kids, your taking of money for your personal legal fees was improper. It was your kids money once you put it in the bank. If your father gave you the money for your legal fees, he may have breached his duty to his grandchildren and could be removed as the trustee. It was and is a marital asset. As to the withdrawal of the 401k funds, it depends on when they were withdrawn and if your husband can account for the expenditure of the money. I would argue as a GAL that the money is not a marital asset but an asset of the kids which has to be repaid by you, and that the deposit of the money by you into the trust account was an act of dissipation. The trust funds are not yours or his but the kids.

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Answered on 2/20/13, 10:28 am


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