Legal Question in Family Law in Illinois
My estranged husband and I were married 4 years ago. We got pregnant on the honeymoon. He left about a month after we were married and filed for divorce. The pregnancy required total bed rest for it's duration. I was unable to work during the pregnancy and during a long recovery. Despite having insurance, the bills for the pregnancy and birth were substantial. Of course, there were also bills associated with the pregnancy beyond the medical bills.
Out of the petitions for birthing expenses, medical expenses (for the child), and child support - only child support has been addressed. Thus, I have been paying 100% of the child's medical bills. The child has special needs, thus the bills have been substantial.
As we try and finalize the divorce, the judge has informed me that I will be responsible for 100% of the bills associated with the pregnancy, birth, and medical bills for the child because it's "non-marital debt", in that my husband left the marriage after 1 month and it was my choice to continue the pregnancy and have the child - thus all costs associated with such "choice" will be assigned to me. My parents loaned me money (with a promissory note) to get through the pregnancy, but this is being considered a "gift".
I make minimum wage and have another child to support. My estranged husband makes 6 figures and does not have any other children or support obligations. He did not provide support during the pregnancy.
My question is: If Illinois is a no fault state, how can I be financially "punished" in the divorce for choosing to continue a pregnancy (that my husband insisted on) / not having an abortion with 100% of the expenses? It seems like the court is saying "If a husband changes his mind about having a baby and the wife doesn't want to abort... he shouldn't have to pay anything." Isn't the debt marital until the date that the divorce is granted?
1 Answer from Attorneys
You really need to consult with your divorce attorney. He or she has the most knowledge of the facts and circumstances from a legal perspective asn is i nthe best position to comment on your concerns.
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