Legal Question in Family Law in Illinois
child support and second marriage
My husband is claiming he is entitled to my son's (not related to him) wave runner even though the funds to buy this came from a minoe account that my son's child support went into. He claims since he helped support my son for 11 years that he is entitled to this money. I worked also. do you know of any case law showing he is or is not entitled?
1 Answer from Attorneys
Re: child support and second marriage
You probably haven't given me enough information about the situation to really advise you. The question boils down to is the wave runner "marital property" or "non-marital property." Marital property is what gets divided in a divorce case. Who owns the wave runner? If your son owns it, it's his end of story. If you own it, then it's a more nuanced analysis. Then I think it's critical how this account is set up. Are you just custodian for your son or are you a joint owner? Did any funds go into the account other than child support payments? What's difficult is that everything being "marital property" is sort of the default by law and you need to come forward to prove otherwise and it's not always easy.