Kara Sears
In family law cases, such as divorce, custody, and paternity, a true-up is a term used to describe the process of balancing predicted and actual income for those with fluctuating incomes. This process is often necessary to determine accurate child support or alimony payments, as these payments are typically based on the incomes of the parties involved at the time the court enters the orders. While there may be no legal basis for a true-up in certain states, it serves as a practical way to work around rigid statutes. Evidence, such as income documentation, plays a critical role in this process, as it helps to inform the court's decision and ensure fair divorce, child support, and maintenance plans.
| Characteristics | Values |
|---|---|
| Definition | "True-up" means balancing predicted and actual income for those with fluctuating incomes. |
| Purpose | To adjust amounts owed between two parties annually, related to a specified project or mechanism. |
| Documents Involved | W-2s, 1099s, K-1s, tax returns, and bank statements, including both personal and business records. |
| Applicability | Cases involving divorce, child support, maintenance, custody, paternity, or modification. |
| Evidence | Business records, statements made to experts, and witness testimonies are commonly used as evidence in family law cases. |
| Legal Basis | True-up clauses are not based on statute law but are included in Marital Settlement Agreements to account for fluctuating incomes. |
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What You'll Learn
True-up is a way to work around the statute
In Illinois, child support and alimony are determined by a judge based on the incomes of the parties involved at the time the court enters the orders. However, incomes can change after a divorce, and if one or both parties' incomes are expected to fluctuate annually, it is impractical to file a motion to modify child support or alimony payments every year.
A "true-up" clause is included in most Marital Settlement Agreements to address this issue. A true-up allows for the adjustment of amounts owed between two parties annually, related to a specified project or mechanism, in this case, the reconciliation of predicted and actual income. This is done to ensure that child support or maintenance payments are fair.
While the concept of a true-up is useful in fluctuating income cases, it is important to note that there is no legal basis for a true-up in Illinois. The term "true-up" is not mentioned in the Illinois Marriage and Dissolution of Marriage Act, nor is there a basis for it in Illinois divorce case law. As such, a true-up can be understood as a way to work around the statute.
To determine if a true-up is necessary in a family law case, it is recommended to consult an attorney for advice regarding the specific circumstances.
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True-up is a reconciliation of fluctuating incomes
True-up is a process that is used to balance predicted and actual income for individuals with fluctuating incomes. It is often used in family law cases, specifically in divorce cases, to determine child support or alimony payments.
In a true-up, income information is exchanged, and the accurate child support or maintenance sum is determined. This usually involves the exchange of financial documents such as W-2s, 1099s, K-1s, tax returns, and bank statements. The process helps to adjust the amounts owed between the two parties based on their income fluctuations.
True-up clauses are often included in Marital Settlement Agreements when one or both parties have expected fluctuating incomes. This is because child support and maintenance payments are typically determined at the time of the divorce and can be challenging to modify later on. With a true-up clause, the individuals can avoid the need to file a motion to modify the payments every year, providing a more flexible and efficient solution.
It is important to note that the term "true-up" may not be explicitly mentioned in legal statutes or case law. Instead, it is a term of art that refers to a reconciliation of incomes, similar to accounting practices. As such, it is always advisable to consult an attorney for specific advice regarding individual circumstances.
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Evidence is critical in family law cases
When preparing for a hearing, it is important to inform your lawyer of any documents or statements that may be helpful to your case. Your lawyer will then assess the relevance and strategy of using that evidence and how to get it admitted in court. For example, if you want to submit business records as evidence, they may be admissible under the "business records exception" to the hearsay rule. Similarly, statements made by a child to a child and family investigator (CFI) may be admissible if they were part of the body of evidence leading to the expert's report.
It is important to note that there are common misconceptions about what constitutes good evidence. For instance, letters from friends or third parties are generally considered inadmissible hearsay and will not be helpful in court. Instead, the potential letter writer would need to attend court and testify in person.
In the context of true-ups in family law cases, which relate to balancing predicted and actual income for those with fluctuating incomes, relevant evidence may include income information such as W-2s, 1099s, K-1s, tax returns, and bank statements. This evidence is crucial for determining the accurate child support or maintenance sum.
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Filing an answer protects the respondent's rights
In a family law case, the petitioner is the person who starts the case by filing a petition with the court. The other party is the respondent. Filing an answer with the court protects the respondent's right to have a say in the case. If the respondent does not file an answer, the petitioner may be able to finish the case without them, and the respondent may lose their right to have a say in the case.
In a family law case, such as a divorce, custody, paternity, or modification case, the respondent must file an answer with the court to protect their rights. This means that they will have the opportunity to respond to the petitioner's claims and present their side of the story. If the respondent does not file an answer, the petitioner may be able to obtain a default judgment, which means that the respondent will not have the opportunity to participate in the case and the court may rule in favour of the petitioner.
It is important to note that the respondent should file an answer within the specified deadline. If the respondent misses the deadline, they may still be able to file an answer after the deadline, but they may need to take additional steps, such as requesting an extension or filing a motion to set aside the default. Seeking legal advice from a family law attorney is advisable to understand one's rights and options, especially if the case involves children, safety concerns, or complex financial situations.
In some cases, the respondent may choose to file a counterclaim along with their answer. This allows the respondent to assert their own claims against the petitioner. It is important to carefully consider the specific circumstances and seek legal advice to determine if filing a counterclaim is necessary or strategic.
Additionally, when responding to a family law case, the respondent may be required to complete and submit financial disclosure forms. These forms provide information about employment, income, and expenses, which can impact child support calculations and other financial matters. Failure to complete these forms accurately and on time may negatively impact the respondent's position in the case.
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Mediation in family law cases
In family law cases, mediation can be a valuable alternative to traditional litigation, offering a more collaborative and amicable approach to resolving disputes. Mediation allows the parties involved, often spouses or former partners, to work together to reach a mutually agreeable solution with the assistance of a neutral third-party mediator. This process can be particularly beneficial in cases involving divorce, child custody, and maintenance, where emotions run high and the well-being of children is at stake.
During mediation, the mediator acts as a facilitator, guiding the parties through the process and helping them identify the issues that need to be addressed. The mediator creates a safe and structured environment, allowing both sides to express their concerns, needs, and interests openly and constructively. This can include the disclosure of financial information, such as income and asset documentation, to ensure transparency and fairness in determining financial support or maintenance arrangements.
One of the advantages of mediation is its flexibility. The process can be tailored to the unique circumstances of each case, and the parties have a degree of control over the outcome. Mediation can also be more cost-effective and less time-consuming than traditional litigation, reducing the financial and emotional burden on the parties involved. Additionally, mediation encourages open communication and can help lay the foundation for effective co-parenting and future cooperation, which is especially important when children are involved.
While mediation offers a constructive approach to resolving family law disputes, it may not be suitable for all cases. In situations involving domestic violence, substance abuse, or mental health issues, traditional litigation may be necessary to ensure the safety and well-being of all parties, particularly the children. It is essential that individuals considering mediation seek legal advice to understand their rights and options, and to ensure that any agreements reached during mediation are fair and legally enforceable.
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Frequently asked questions
A true-up is a process of balancing predicted and actual income for those who have fluctuations in their income. It is often used in family law cases to adjust child support or alimony payments.
Documents involved in a true-up typically include W-2s, 1099s, K-1s, tax returns, and bank statements, both personal and business records.
It is not required to hire a lawyer, but it is highly recommended. A lawyer can explain your rights and options, and help you navigate the legal process.
Evidence is a critical part of any family law case. It can include various documents, statements, and expert reports. It is important to work with your lawyer to determine what evidence is admissible and how to present it effectively.
An answer is a legal form filed with the court by the respondent in a court case. Filing an answer protects the respondent's right to have a say in the case. It is important to seek legal advice before filing an answer to ensure you understand your rights and options.
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