Articles Posted in Supreme Court of Illinois

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Tuke and Heroy married in 1980 and divorced in 2006. Heroy was ordered to pay $35,000 per month in permanent maintenance, based on a finding that the couple had enjoyed a lavish standard of living while married. The court found that Tuke could reasonably be expected to earn $40,000-$50,000 per year, based on her prior experience as a law librarian and publisher of a law bulletin. Months later, Heroy sought to terminate or modify the award. Tuke sought contribution to her attorney fees. In 2012, the court concluded that Heroy had proven that his income had decreased, justifying reduction of the maintenance award to $27,500 per month. The court concluded that Tuke had some ability to pay her attorney fees but that if she were required to pay all of the fees, her financial stability would be undermined, while Heroy was able to pay Tuke’s fees. The court instructed Heroy to pay $125,000. Heroy appealed; the court ordered Heroy to pay $35,000 in prospective attorney fees. The appellate court concluded the maintenance award should be $25,745 per month but reversed the attorney fee awards. The Illinois Supreme Court reinstated the trial court holding. That court properly considered the factors in the Marriage and Dissolution of Marriage Act; the record supports that Tuke’s financial stability would be undermined if she were required to pay all of her attorney fees. The court carefully considered the factors set forth in section 510(a-5) of the Act, including Tuke’s efforts at supporting herself. View "In re Marriage of Heroy" on Justia Law

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In 2010, the Illinois Department of Children and Family Services petitioned for wardship of M.I., a minor, 705 ILCS 405/2-3, alleging that M.I.’s mother had neglected her and that M.I.’s father had an extensive criminal history. The juvenile court granted the petition, finding M.I. to be neglected. The court ordered father to obtain a drug and alcohol assessment, submit to random drug testing twice monthly, undergo a psychological examination, and complete a parenting class. Until he dropped out of high school, father was enrolled in special education courses for learning disabilities. He had been unemployed since 2007. Father had been incarcerated on eight different occasions for approximately 18-19 years in total but had not been incarcerated since 2005. He suffers from bipolar disorder and admitted to regular marijuana use, indicating that he had been clean for two months. Father is functionally illiterate, and possesses an IQ of 58. The state asserted that he did not attend drug testing or participate in a drug and alcohol evaluation and refused to provide an address to his caseworker. The court found both parents unfit. Thereafter, at five different permanency hearings, the juvenile court found that father had failed to make reasonable efforts to achieve the service plan and permanency goal. The court appointed DCFS as guardian. The Illinois Supreme Court reinstated the termination of father’s rights. The statute, 750 ILCS 50/1(D)(b), does not contain a willfulness requirement. The juvenile court considered father’s intellectual disability and other circumstances, such as his sporadic attendance at visitation, when it found him unfit under subsection (b). View "In re M.I." on Justia Law

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The Department of Children and Family Services (DCFS) sought wardship of 9-and-10-year-old children, 705 ILCS 405/2-3(1)(b). The minors then lived with their father, Larry, who had a criminal history. Larry entered into an agreed order of protection, allowing the minors to reside with their paternal grandparents. Larry subsequently disclosed the name of the mother, who filed an answer. No information concerning mother was presented at the hearing. The court found that the minors were neglected and that mother did not contribute to the injurious environment. A subsequent report stated that mother had stable housing and had obtained a certified nursing assistant certificate. She was not addicted to alcohol or illegal substances, had passed a random drug screening, and had never been arrested. She takes prescription medication for bipolar disorder, anxiety, and depression. Mother completed a parenting class and a domestic violence class, had engaged in an intact family program and indicated a willingness to participate in services. The caseworker took no position as to who should be appointed guardian. The state and the guardian ad litem agreed that mother was fit, but argued that DCFS should be appointed guardian. Mother requested custody and guardianship. The court ordered DCFS appointed as guardian, found mother to be fit, and found that placement was necessary, “based on all that was presented in the materials for my review for this disposition and upon considering argument.” The appellate court concluded that the trial court violated 705 ILCS 405/2-27(1). The Illinois Supreme Court affirmed and remanded. The Act does not authorize placing a ward of the court with a third party absent a finding of parental unfitness, inability, or unwillingness to care for the minor. View "In re M.M." on Justia Law

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Blumenthal jointly owned her Chicago home with Brewer, her domestic partner since 1981. In 2010 Blumenthal sought partition of the residence when the relationship ended. Brewer counterclaimed for common-law remedies, including an interest in Blumenthal’s ownership share in a medical group so that their overall assets would be equalized. Blumenthal moved to dismiss the counterclaim under the Illinois Supreme Court’s 1979 Hewitt decision, which rejected a woman’s suit to divide assets she accumulated with a man during a long-term relationship in which they lived together, had children together, but never married. Brewer argued that it was “particularly irrational” to apply this principle to her because she and Blumenthal could not marry at the time their relationship ended because same-sex marriage was not recognized in Illinois. The counterclaim was dismissed; the partition action proceeded to final judgment. The appellate court vacated the dismissal, calling Hewitt “outmoded and ill-considered.” The Illinois Supreme Court reinstated the trial court decision. The legislature intended marriage to be the only legally protected family relationship under Illinois law. Permitting unmarried partners to enforce mutual property rights might “encourage formation of such relationships and weaken marriage as the foundation of our family-based society.” Marriage is a legal relationship that all individuals may or may not enter into, Illinois does not act irrationally or discriminatorily in refusing to grant benefits and protections under the Marriage and Dissolution Act to those who do not participate in that institution. View "Blumenthal v. Brewer" on Justia Law

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The guardian ad litem (GAL) for the minor, A.A., petitioned the circuit court to vacate a voluntary acknowledgement of paternity (VAP) signed by respondents Matthew A. and Caitlin S. with regard to A.A. The appellate court affirmed and held that after DNA testing established that Matthew was not the biological father of A.A., the trial court was not required to make a “best interests of the child” determination prior to granting the petition. Finding no reversible error in that judgment, the Supreme Court affirmed. View "In re A.A." on Justia Law