Legal Question in Family Law in Illinois

Step parent income included for college

You state that your ex says you owe half the costs of college. I take it that, in some earlier document (marital settlement agreement merged into judgment, divorce decree, court order, etc.) you and he were each to pay half. Notwithstanding that earlier document, you may petition the court to set or modify the requirements of college support for yourself and your ex. To sustain a request to modify, you must first show a substantial change of circumstances (a change occurring from and after the earlier document) (example: income substantially different from before). In re Loffredi, 232 Ill.App.3d 709, 173 Ill.Dec. 933, 597 N.E.2d 907 (3 Dist. 1992).

Once you have established a substantial change for modification (or if you are filing an intitial petition against your ex for contribution to college expenses, and no prior court order has been entered on the question), �the court shall consider all relevant factors that appear reasonable and necessary, including: (1) The financial resources of both parents. (2) The standard of living the child would have enjoyed had the marriage not been dissolved. (3) The financial resources of the child. (4) The child's academic performance.� In re Schmidt, 292 Ill.App.3d 229, 226 Ill.Dec. 152, 684 N.E.2d 1355 (4 Dist. 1997), appeal denied, 176 Ill.2d 592, 229 Ill.Dec. 60, 690 N.E.2d 1387 (1998). It�s at this stage of proceedings where your income and your ex�s income will be considered in making an award.

You object to having your current husband�s income considered by the court, but it is only considered in the sense that YOUR total financial resources are being examined by the court. It does not mean that, dollar for dollar, his income is your income. Rather, for example, his income is relevant to demonstrate that you do or do not need your own money to meet your own needs, or, you do or do not have someone paying a portion of your bills. How could that not be relevant to a determination of YOUR resources?

I know of no method to find a lawyer to take your case free of charge. Yes, you can represent yourself, but I do not advise it. Hire a lawyer to help you. Find out from him or her whether there is any prospect of being able to obtain attorneys� fees from your ex. With regard to being harassed by your ex�s lawyer, I doubt this would occur if a lawyer were representing you. And what�s more, a lawyer would be better able than you to obtain the relevant evidence you need to prove your case.