Illinois Divorce Lawyer Blog
In Hartman v. Hartman, there was an action by the former husband to lower his child support payments from $1500 per month, to $500 per month, while providing $500 in maintenance. Mr. Hartman may have wished to do this to allow for some tax benefits for part of his monthly payments, as well as to lower his monthly support payout in total.
In any event, the court determined that the parents were litigating this issue in pursuit of their own pecuniary interests, and were not attentive to the best interest of their child. THe parents frmaed the issues around money, whereas the court saw the issue affecting the well-being of the parties’ child.
What did the court do? The court appointed a guardian ad litem to determine, within the context of the child support modification proceeding, what result would be in the best interest of the child. The court’s concern over the child’s interest being neglected trumped the parents’ interest in sorting out their finances.