Court Rejects Woman’s Appeal of Child Support Agreement

 Posted on December 22,2016 in Child Support

In almost every aspect of a divorce proceeding, you and your spouse have the freedom to reach an agreement on your own, without interference from the court. There are certain elements, such as the allocation of parental responsibilities and child support, that the court will review before the agreement is entered as part of the judgment, but the court will only make changes if necessary. Once an agreement has been approved and entered by the court, you cannot change your mind about the agreed upon terms. As a Knox County woman recently discovered, it is vitally important to be certain that your agreement meets your needs before it is signed and presented to the court.

In re Marriage of Eastburg

The Third District Court Appellate Court in Illinois released its ruling last week on a case involving a child support agreement between divorcing parents. Shortly after their divorce in December 2006, the couple in question originally agreed that the father would pay $511 bimonthly in child support, allegedly equal to 28 percent of his net income. As time went on, the mother would petition for an increase in payment to correlate to the father’s increase in income. Most recently, in May 2015, the couple agreed that, based on the father’s 2014 income, he should pay $721 bimonthly.

The mother then went back to court asking for a portion of the father’s 2014 income tax refund. The court rejected her petition stating that father’s tax return was available at the time the parties reached their agreement. The father did not withhold information, and the agreement was between the parties, not a judgment by the court. If she was not happy with the terms of the agreement at the time, the court determined, she should have made her case at that point. Furthermore, the court ruled that the income tax refund was already accounted for in the father’s income, so giving the mother an additional portion of it would be double-paying support. The mother appealed, but the Third District upheld the lower court’s decision.

Be Careful When Reaching a Settlement

If you are in the process of negotiating a settlement regarding property, child support, spousal maintenance, or any other aspect of divorce, it is imperative that you understand the terms to which you ultimately agree. Once your agreement is approved and entered, it will be too late to change your mind. That is why it is important to work closely with an attorney who can explain complicated legal concepts to be sure that your rights are fully protected in the process.

To learn more about how we can help with your negotiated agreement, contact an experienced Kane County family law attorney at Goostree Legal Group. Call 630-584-4800 for a free consultation and get the guidance you need in your legal matter.

Source:

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2016/3rdDistrict/3150710.pdf