Legal Question in Family Law in Illinois

Spousal Support

The court did not enter its order in a vacuum. The law is clear that certain factors are to be considered in making a maintenance award, and, in my experience, courts universally try to follow the law and apply the law fairly to the facts as presented by the evidence.

On caveat here: cases are NOT tried on the FACTS, they are tried on the EVIDENCE. This is more than a subtle distinction. Evidence is all a court has. The court draws its factual conclusions from the evidence. If the evidence does not accurately reflect the truth, the result will be skewed. I do not know what evidence was presented on these monetary questions, but apparently, the evidence presented did not support your position.

With regard to the failure of the court to make an award of child support to you, you can be assured that this was not a mere oversight. The court could have, by fictional example, ordered your ex to pay $500 per month to you for child support (not tax deductible to her, but tax free to you, the recipient), and in turn, ordered you to pay an extra $600 in spousal support to her (tax deductible to you, but not tax free to her, the recipient) with the extra hundred so she could pay the tax on the extra taxable income. You wouldn�t be better off financially.

It�s not uncommon for litigants to become unsatisfied with their lawyer after an unfavorable verdict, and I cannot vouch for nor comment on the skills or integrity of your lawyer. Even so, I have never, ever seen nor heard of a case where the lawyer was working AGAINST a client�s best interests.

Your options? If the award of spousal support is temporary pending the outcome of the case, you should gear up for a better presentation of evidence for the hearing on a final award. If the award or maintenance was final, you have thirty days to get back into court on a motion to reconsider or file a notice of appeal. Either way, you have to decide for yourself whether you want to change lawyers. And either way, you have to act fast.

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