An Illinois divorce judgment is meant to do more than simply announce that the parties are divorced. In most cases, a final judgment decides who receives which property, who is responsible for debts, whether maintenance will be paid, how child support will be calculated, and how parental responsibilities and parenting time will be allocated.
Those decisions should not appear out of thin air. In several areas of an Illinois divorce, the court must make findings that show how the evidence led to that final result.
Findings refer to the court’s factual determinations and legal reasoning; they explain what the court believed, what it rejected, and why it entered the judgment it entered.
Illinois divorce judgments often involve disputed facts, so necessary findings are quite important. For example, one spouse may argue that a house is non-marital property. Yet, the other spouse may argue that the house belongs to the marital estate.
A final judgment should resolve those kinds of disputes in a way that can be understood. The court must do more than just choose a side when findings are required. The judgment needs to identify the relevant facts and connect those facts to Illinois divorce law.
What Are Necessary Findings In An Illinois Divorce Judgment?
A finding is a determination made by the judge based on the evidence presented in the case.
In Illinois divorce cases, findings are particularly important when the court must classify property, value assets, award or deny maintenance, deviate from child support guidelines, or make parenting decisions based on a child’s best interests.
In property division situations, Illinois law states that “[t]he court shall make specific factual findings as to its classification of assets as marital or non-marital property, values, and other factual findings supporting its property award.” 750 ILCS 5/503(a).
For maintenance, Illinois law provides, “[i]n each case involving the issue of maintenance, the court shall make specific findings of fact.” 750 ILCS 5/504(b-2). Those findings must include the court’s reasoning for awarding or not awarding maintenance, references to the relevant statutory factors, and information about any deviation from the maintenance guidelines. 750 ILCS 5/504(b-2)(1)-(2).
In child support cases, Illinois law requires that “[a]ny deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.” 750 ILCS 5/505(a)(3.4).
And for parenting issues, Illinois courts allocate parental decision-making responsibilities and parenting time according to the child’s best interests. 750 ILCS 5/602.5(a); 750 ILCS 5/602.7(a). Findings help show how the court applied the best-interest factors to the facts of the family’s circumstances.
Necessary findings are not formalities but are the part of the judgment that explains how the court moved from evidence to result.
Why Do Necessary Findings Matter In An Illinois Divorce?
Necessary findings matter because a divorce judgment can impact a family long after the case ends.
A spouse whose property was classified as marital or non-marital must understand why. A spouse who was awarded or denied maintenance must be able to see how the court applied the statutory factors. A parent whose requested parenting schedule was rejected must be able to understand what facts mattered to the court.
Findings are also important when a judgment is appealed because an appellate court does not retry the divorce case.
An appellate court reviews the trial court’s judgment to determine whether the law was correctly applied and whether the decision was supported by the record. Meaningful review can become quite hard when the judgment does not include the required findings.
Missing findings may sometimes lead to a judgment being reversed or remanded. Other times, the record may still allow the appellate court to understand what the trial court did. Either way, findings should not be treated as an afterthought.
Illinois post-judgment procedures are important as well. In a non-jury case, a party may generally file a motion for rehearing, retrial, modification of the judgment, vacation of the judgment, or other relief within 30 days after entry of judgment. 735 ILCS 5/2-1203(a). A notice of appeal generally must be filed within 30 days after entry of the final judgment or, if a timely post-judgment motion is filed, within 30 days after the order disposing of the last pending post-judgment motion. Ill. S. Ct. R. 303(a)(1).
A well-written Illinois divorce judgment should tell the parties what the court decided, what facts supported the decision, and how Illinois divorce law was applied to the evidence.
Necessary Findings For Property Division In An Illinois Divorce
Property division requires the court to classify property, assign non-marital property to the proper spouse, and divide marital property between the spouses.
Illinois courts do not divide each and every piece of property the parties own. It must first determine whether each asset or debt is marital or non-marital. Non-marital property is assigned to the spouse who owns the property. Marital property is divided between the spouses.
Illinois law provides that, for purposes of distribution, marital property means “all property, including debts and other obligations, acquired by either spouse subsequent to the marriage,” except for property that falls within the statutory categories of non-marital property. 750 ILCS 5/503(a).
Illinois law creates a presumption that “all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage” is marital property. 750 ILCS 5/503(b)(1). That presumption can be overcome by clear and convincing evidence. Id.
These decisions require findings. Illinois law provides, “[t]he court shall make specific factual findings as to its classification of assets as marital or non-marital property, values, and other factual findings supporting its property award.” 750 ILCS 5/503(a).
The judgment must identify whether disputed property is marital or non-marital, state the value of assets when value matters to the property award, and explain the facts that support the final division.
Property division in Illinois is not automatically equal. The court “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors.” 750 ILCS 5/503(d).
“Just proportions” does not mean a 50/50 split every time. Depending on the statutory factors and the facts presented, a court may divide property equally or unequally. Those facts may include each spouse’s contribution to the acquisition, preservation, or increase or decrease in value of property, which includes the contribution of a spouse as a homemaker or to the family unit. 750 ILCS 5/503(d)(1).
The court can further consider dissipation of marital property, the value of property assigned to each spouse, each spouse’s economic circumstances, the duration of the marriage, tax consequences, maintenance, child-related obligations, and each spouse’s reasonable opportunity for future acquisition of assets and income. 750 ILCS 5/503(d).
Valuation findings are also important. Illinois law states that, “[i]n determining the value of assets or property under this Section, the court shall employ a fair market value standard.” 750 ILCS 5/503(k). The date of valuation is usually the date of trial or another date agreed to by the parties or ordered by the court. 750 ILCS 5/503(k).
Property disputes in an Illinois divorce often turn on classification, value, and fairness; so, these findings matter.
For example, if Spouse B claims a retirement account is non-marital since it existed before the marriage, the judgment needs to explain whether the account is marital, non-marital, or partly marital and partly non-marital.
This is true for debts, too. If the court assigns a debt to one spouse, the judgment should be clear on whether the debt is marital or non-marital and how that debt fits into the overall division of the marital estate.
Illinois appellate courts have recognized the importance of valuation and property findings.
In In re Marriage of Rosen, the appellate court reversed and remanded the property division because the trial court did not adequately determine the nature and value of a spouse’s trust interest; it explained that “the failure of a trial court to determine the value of substantial assets can justify reversal” and held that the “complete dearth of evidence or findings concerning the terms and value of the trust” rendered the property division arbitrary. 126 Ill. App. 3d 766, 777-78 (1984).
Further, Illinois courts recognize that property division is not simply a dollar-for-dollar accounting. In In re Marriage of Heroy, the appellate court stated that the Illinois Marriage and Dissolution of Marriage Act “does not require that property be distributed with mathematical equality,” but rather “[t]he touchstone of proper apportionment is whether it is equitable in nature.” 385 Ill. App. 3d 640, 661 (2008).
In sum, the property section of an Illinois divorce judgment should answer three basic questions: What is marital? What is non-marital? Why is this property award fair under Illinois law?
Necessary findings help answer these questions and show how the court moved from the evidence to the final property division.
Necessary Findings For Maintenance In An Illinois Divorce
In Illinois the term for alimony is maintenance. A court may award maintenance to either spouse in amounts and for periods of time that the court deems just. 750 ILCS 5/504(a). Maintenance is decided without regard to marital misconduct. 750 ILCS 5/504(a).
A maintenance decision begins with asking whether maintenance is appropriate at all. Illinois law states that “[t]he court shall first make a finding as to whether a maintenance award is appropriate,” after considering all relevant factors. 750 ILCS 5/504(a).
Those factors include each party’s “income and property,” the “needs of each party,” each party’s “realistic present and future earning capacity,” impairment to earning capacity caused by domestic duties or delayed education, training, employment, or career opportunities, the “standard of living established during the marriage,” the duration of the marriage, the age and health of the parties, sources of public and private income, tax consequences, contributions to the other spouse’s education or career, any valid agreement of the parties, and any other factor the court expressly finds to be “just and equitable.” 750 ILCS 5/504(a)(1)-(14).
A court should not just assert that maintenance is awarded or that maintenance is denied. The judgment should show why maintenance is appropriate or why it is not appropriate. In other words, there needs to be an explanation. Illinois law makes this requirement explicit: “In each case involving the issue of maintenance, the court shall make specific findings of fact.” 750 ILCS 5/504(b-2).
Those findings must state the court’s reasoning for awarding or not awarding maintenance, as well as make references to each relevant factor under section 504(a). 750 ILCS 5/504(b-2)(1).
If the court finds that maintenance is appropriate, it then must determine the amount and duration of maintenance. 750 ILCS 5/504(b-1).
Sometimes, Illinois guideline maintenance applies. If the parties’ combined gross annual income is less than $500,000 and the payor has no prior child support or maintenance obligation from a prior relationship, maintenance is usually calculated under the statutory guidelines, unless the court decides that applying the guidelines would be inappropriate. 750 ILCS 5/504(b-1)(1).
Guideline maintenance is based on a formula for amount and a formula for duration. 750 ILCS 5/504(b-1)(1)(A)-(B). In cases where the court deviates from the guidelines, the judgment should include the guideline amount or duration, if determinable, and explain the reason for the variance. 750 ILCS 5/504(b-2)(2).
The judgment should also provide whether maintenance is fixed-term, indefinite, reviewable, or reserved. 750 ILCS 5/504(b-2)(3).
Put simply, maintenance findings must answer practical questions. Why does a spouse need maintenance? Can the other spouse pay? What income did the court use? Did the court apply the guidelines? If not, why not?
If the court finds that maintenance is inappropriate, the judgment should still explain why. The court may find that the requesting spouse has sufficient income, earning capacity, property, or other resources to meet that spouse’s needs without maintenance. Those kinds of findings should be tied to the evidence and the statutory factors.
Findings can matter when maintenance is secured by life insurance. Illinois law allows a maintenance award to be reasonably secured, in whole or in part, by life insurance on the payor’s life. 750 ILCS 5/504(f). Regarding existing life insurance, the court can allocate death benefits, the right to assign death benefits, or responsibility for future premium payments if the court is apprised of the death benefits, premium, and other relevant data and “makes findings relative thereto.” 750 ILCS 5/504(f)(1).
Illinois appellate courts review maintenance awards with deference. However, findings still matter. In In re Marriage of Brill, the appellate court stated that a maintenance award is usually “presumed to be correct,” and, unless the trial court abused its discretion, the amount of maintenance will not be reversed. 2017 IL App (2d) 160604, ¶ 26.
Brill reduced the monthly maintenance award, as the trial court applied only part of the statutory formula and did not apply the statutory cap. Id. ¶¶ 45-48. The appellate court reasoned that section 504 does not require strict compliance with the guidelines in every case, yet the guidelines must still be followed “unless the court makes a finding that the application of the guidelines would be inappropriate.” Id. ¶ 47.
Since the trial court made findings that supported a deviation from the guideline duration but did not make findings that supported a deviation from the guideline amount, the appellate court reduced the monthly maintenance award. Id. ¶¶ 47-48.
A maintenance section of an Illinois divorce judgment should explain whether maintenance is appropriate, how the statutory factors apply, what amount and duration were selected, whether the award follows the guidelines, and whether the award is fixed-term, indefinite, reviewable, or reserved.
Necessary findings ensure the maintenance decision is understandable to the parties and is reviewable by an appellate court.
Necessary Findings For Child Support In An Illinois Divorce
Child support in an Illinois divorce is calculated under section 505 of the Illinois Marriage and Dissolution of Marriage Act and is based on the parents’ incomes and the child’s physical care arrangements. The child support guidelines are supposed to “calculate child support based upon the parents’ combined net income” and to “allocate the amount of child support to be paid by each parent based upon a parent’s net income and the child’s physical care arrangements.” 750 ILCS 5/505(a)(1).
The court has to compute the basic child support obligation by determining “each parent’s monthly net income,” adding the parents’ monthly net incomes together, selecting the appropriate amount from the schedule of basic child support obligations, and calculating each parent’s percentage share of the basic child support obligation. 750 ILCS 5/505(a)(1.5).
The judgment should reflect these calculations clearly.
A child support order must identify the income used for each parent, the combined monthly net income, the number of children, the guideline support amount, each parent’s percentage share, and the final support obligation.
There is “a rebuttable presumption” in Illinois that the amount resulting from the child support guidelines “is the correct amount of child support.” 750 ILCS 5/505(a)(3.3).
However, the court can deviate from the guidelines. Illinois law permits deviation if applying the guidelines would be “inequitable, unjust, or inappropriate.” 750 ILCS 5/505(a)(3.4). Yet, “[a]ny deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.” 750 ILCS 5/505(a)(3.4).
Those written findings are essential. If the court deviates upward or downward, the judgment needs to explain the guideline amount, the amount actually ordered, and why the guideline amount would be inappropriate.
Illinois law further requires findings when income is imputed. Child support is calculated based on potential income if a parent is voluntarily unemployed or underemployed. 750 ILCS 5/505(a)(3.2a). However, “[i]mputation of income shall be accompanied by specific written findings identifying the basis or bases for imputation using these factors.” 750 ILCS 5/505(a)(3.2b).
Not every child-related expense is a deviation from the basic child support obligation. Illinois law separately provides that, “in addition to the basic child support obligation,” the court may order either or both parents to contribute to “reasonable school and extracurricular activity expenses” intended to enhance the child’s educational, athletic, social, or cultural development. 750 ILCS 5/505(a)(3.6).
So, a judgment may need to explain more than the basic support amount. The judgment should be clear about whether the court is ordering basic child support, deviating from guideline child support, imputing income, ordering additional school or extracurricular expenses, or allocating other child-related expenses.
This is true for health insurance, medical expenses, and child care expenses, too. A child support judgment should lay out which expenses are being allocated, which parent must pay them, and how those obligations fit with the child support calculation.
A proper Illinois child support judgment does not leave the parties guessing about how child support was calculated. Necessary findings make sure that the parties and an appellate court fully understand how the child support amount was reached.
Necessary Findings For Parental Responsibilities And Parenting Time In An Illinois Divorce
Illinois no longer uses the term custody in the same way people use it in ordinary conversation. Rather, Illinois courts refer to it as parental responsibilities; these include significant decision-making responsibilities and parenting time.
For decision-making, Illinois law states that “[t]he court shall allocate decision-making responsibilities according to the child’s best interests.” 750 ILCS 5/602.5(a). Unless the parents agree otherwise in writing, the court is required to allocate significant decision-making responsibility for each significant issue that impacts the child. 750 ILCS 5/602.5(b). Those issues include education, health, religion, and extracurricular activities. 750 ILCS 5/602.5(b)(1)-(4).
When determining a child’s best interests for decision-making, the court considers “all relevant factors,” which includes the child’s wishes, the child’s adjustment to home, school, and community, the mental and physical health of everyone involved, the parents’ ability to cooperate, each parent’s participation in past significant decision-making, the child’s needs, the distance between the parents’ residences, restrictions, abuse, and any other factor the court expressly finds relevant. 750 ILCS 5/602.5(c).
Parenting time is based on the child’s best interests, as well. Under Illinois law, “[t]he court shall allocate parenting time according to the child’s best interests.” 750 ILCS 5/602.7(a).
Unless the parents provide a mutually agreed written parenting plan that is approved by the court, “the court shall allocate parenting time.” 750 ILCS 5/602.7(b).
In allocating parenting time, the court considers “all relevant factors” affecting the child’s best interests. Id. Those factors include “the wishes of each parent seeking parenting time,” “the wishes of the child,” the amount of time each parent spent performing caretaking functions during the 24 months before the petition was filed, and “any prior agreement or course of conduct between the parents relating to caretaking functions.” 750 ILCS 5/602.7(b)(1)-(4).
It also considers “the interaction and interrelationship of the child” with parents, siblings, and others who may significantly impact the child’s best interests, as well as “the child’s adjustment to his or her home, school, and community.” 750 ILCS 5/602.7(b)(5)-(6).
Other factors include the child’s needs, the distance between the parents’ homes, transportation problems, whether a restriction on parenting time is appropriate, abuse, each parent’s willingness and ability to place the child’s needs first, and each parent’s willingness and ability to “facilitate and encourage a close and continuing relationship between the other parent and the child.” 750 ILCS 5/602.7(b)(8)-(14).
Best-interest findings are important. However, Illinois courts typically do not require a trial court to make an explicit finding on every best-interest factor in every parenting judgment.
In In re Custody of G.L., the First District Appellate Court stated that, although a trial court is required to consider all relevant factors when deciding a child’s best interests, “it is not required to make an explicit finding or reference to each factor.” 2017 IL App (1st) 163171, ¶ 43.
Nonetheless, a well-drafted parenting judgment should explain enough to show how the court reached its decision. A judgment allocating parental responsibilities or parenting time should identify the schedule, allocate decision-making for major issues, and show the connection between the outcome and the facts that matter most for the child’s best interests.
Findings become particularly important when parenting time is restricted. In Illinois, there is a presumption that both parents are fit. The court typically “shall not place any restrictions on parenting time” unless it finds, by a preponderance of the evidence, that the parent’s exercise of parenting time would “seriously endanger the child’s physical, mental, moral, or emotional health.” 750 ILCS 5/602.7(b).
In In re Custody of G.L., the appellate court vacated the portion of the order that restricted parenting time; the trial court did not make the necessary finding that the parent’s exercise of parenting time farther than one hour from the other parent’s home would seriously endanger the child’s overall health. 2017 IL App (1st) 163171, ¶¶ 34-35, 53.
Necessary findings help the parents understand the judgment and help an appellate court decide whether the trial court applied Illinois law properly.
Illinois Supreme Court Rule 922 creates another written-findings requirement. Rule 922 states: “[a]ll allocation of parental responsibilities proceedings under this rule in the trial court shall be resolved within 18 months from the date of service of the petition or complaint to final order.” Ill. S. Ct. R. 922. Further, “[i]n the event this time limit is not met, the trial court shall make written findings as to the reason(s) for the delay.” Id. These findings are different from the court’s best-interest findings. They create a written record that explains why the allocation proceedings were not resolved within the time required by Rule 922.
How To Seek Relief When An Illinois Divorce Judgment Does Not Include Necessary Findings
A party might not get why the court made a certain decision that it did. An appellate court may also have issues in determining whether the trial court correctly applied Illinois law to the facts presented.
A party who believes an Illinois divorce judgment lacks required findings should act quickly. In a non-jury case, a party may typically file a motion for rehearing, retrial, modification of the judgment, vacation of the judgment, or other relief within 30 days after entry of judgment. 735 ILCS 5/2-1203(a).
A post-judgment motion based on missing necessary findings must identify the judgment or order being challenged. Then, it must explain which findings were required and which findings the judgment failed to include.
A party can ask the court to rehear, modify, or vacate a judgment that does not classify disputed assets as marital or non-marital, state values when value is important to the property award, or make factual findings that support the property division. 750 ILCS 5/503(a).
A party can also seek relief when a judgment awards or denies maintenance absent the specific findings required by Illinois law, which include the court’s reasoning, the relevant statutory factors, or the basis for any deviation from the maintenance guidelines. 750 ILCS 5/504(b-2).
In child support cases, missing findings may be the income used for each parent, the combined monthly net income, the guideline support amount, each parent’s percentage share, the final support obligation, the reason for any deviation, or the basis for imputing income. 750 ILCS 5/505(a)(3.2b), (a)(3.4).
In parenting cases, missing findings can involve the allocation of decision-making responsibilities, the parenting schedule, or the best interests of the child. Illinois courts do not always require an explicit finding on every best-interest factor; still, the judgment should explain enough to demonstrate how the court reached its decision. If there is a parenting time restriction, the judgment should include the required finding that the parent’s exercise of parenting time would seriously endanger the child’s overall health. 750 ILCS 5/602.7(b).
The motion should not just state that the judgment is incomplete but should identify the missing findings, connect them to the statute or case law that requires them, and explain why the omissions either affect the parties’ rights or prevent meaningful appellate review.
A party is allowed to ask the court to vacate the judgment or order, rehear the issue, modify the judgment, make the required findings, or enter a corrected judgment. The requested relief is dependent on the judgment and the issue being challenged.
Where the trial court denies post-judgment relief or does not correct the missing findings, the party will likely need to think about an appeal. A notice of appeal generally must be filed within 30 days after entry of the final judgment or, if a timely post-judgment motion was filed, within 30 days after the order disposing of the last pending post-judgment motion. Ill. S. Ct. R. 303(a)(1).
A party may be able to seek relief under section 2-1401 of the Illinois Code of Civil Procedure if more than 30 days have passed since entry of the judgment. 735 ILCS 5/2-1401. A section 2-1401 petition is different from a timely post-judgment motion. Usually, it requires a meritorious claim or defense, due diligence in the original action, and due diligence in seeking section 2-1401 relief.
Since post-judgment deadlines are short, the best course of action for a party who believes an Illinois divorce judgment lacks necessary findings is to review the judgment right away and determine whether a motion to vacate, motion to modify, motion to reconsider, section 2-1401 petition, or appeal is appropriate.
If you are going through an Illinois divorce and are concerned about what findings must be included in your final judgment, contact my Illinois family law firm to speak with an experienced Illinois divorce attorney.
Russell Knight has practiced family law for more than 19 years and has handled thousands of divorces and family law cases involving property division, maintenance, child support, parental responsibilities, parenting time, attorney’s fees, and post-decree issues. As a divorce lawyer licensed in both Illinois and Florida, Russell regularly helps clients evaluate what evidence must be presented at trial, what findings should appear in a final judgment, and what options may exist when a divorce judgment does not comply with Illinois law.
CASES AND STATUTES REFERENCED IN THE NECESSARY FINDINGS IN AN ILLINOIS DIVORCE JUDGMENT ARTICLE
750 ILCS 5/503 — Disposition Of Property And Debts
750 ILCS 5/505 — Child Support; Contempt; Penalties
750 ILCS 5/602.5 — Allocation Of Parental Responsibilities: Decision-Making
750 ILCS 5/602.7 — Allocation Of Parental Responsibilities: Parenting Time
735 ILCS 5/2-1203 — Motions After Judgment In Non-Jury Cases
Ill. S. Ct. R. 303 — Appeals From Final Judgments Of The Circuit Court In Civil Cases
In re Marriage of Rosen, 126 Ill. App. 3d 766 (1984)
In re Marriage of Heroy, 385 Ill. App. 3d 640 (2008)
In re Marriage of Brill, 2017 IL App (2d) 160604
In re Custody of G.L., 2017 IL App (1st) 163171
FREQUENTLY ASKED QUESTIONS ABOUT NECESSARY FINDINGS IN AN ILLINOIS DIVORCE JUDGMENT
Why Does An Illinois Divorce Judgment Need Findings? Findings explain how the court moved from the evidence to the final judgment. They show why the court classified property a certain way, awarded or denied maintenance, calculated child support, or entered a particular parenting schedule.
When Does A Child Support Order Need Written Findings In Illinois? A child support order should provide the income used for each parent, the combined monthly net income, the number of children, the guideline support amount, each parent’s percentage share, and the final obligation. If the court deviates from the guidelines, then it must make written findings that explain the reason for doing so.
Does An Illinois Judge Have To Discuss Every Best-Interest Factor In A Parenting Judgment? Not in every case. Illinois courts must consider the relevant best-interest factors, yet they typically are not required to make an explicit finding on every factor. However, the judgment should explain enough to demonstrate how the court reached its decision.
What Findings Matter When Parenting Time Is Restricted In Illinois? Restrictions on parenting time need more than a general best-interest finding. The court usually must find, by a preponderance of the evidence, that the parent’s exercise of parenting time would seriously endanger the child’s health.
What Happens If An Illinois Divorce Judgment Leaves Out Required Findings? Missing findings may make a judgment harder to understand and harder to review on appeal.
