Navigating Juvenile Court in Bloomington Illinois

By 

Bridget L. Schott

In the aftermath of the recession or perhaps just as a way expand ones business, it is likely that many attorneys find themselves taking on cases and clients in areas of law they may previously have been unfamiliar. Juvenile Law, and specifically as it pertains to Abuse and Neglect cases, is often one of those areas. Unfortunately, it can be an area that is quite overwhelming and unique, but in order to vigorously work for your client, there are many tools of the trade one should know. Having a working understanding of this area of law will allow you to hold the Department of Children and Family Services more accountable to your client as well as give your client the best possible chances for returning their child home.

The Juvenile Court Act of 1967 controls and provides the guidelines for the abuse/neglect cases. If your potential client comes to you after protective custody of their child has been taken by the Illinois Department of Children and Family Services (DCFS), then there a few things you can expect to have happened which led to that decision, and you will want to be able to explain these to your client. The severity of the implications of DCFS involvement should be stressed to your client from the outset, so that they can understand from the beginning that failure to cooperate could have an end result of their parental rights to their child being terminated.

In a typical case, a hotline report has been called into the DCFS hotline by a mandated reporter, which could include a school employee, child care personnel, medical personnel or law enforcement. That reporter is mandated to make a hotline report if they suspect a child has been abused or neglected, and can include situations where they have observed someone beating a child or hitting a child with an object, or they observe marks on a child's body that do not appear to have been caused by an accident, or where a child discloses that they have been harmed, or if a child appears to be undernourished, is dressed inappropriately for the weather or is young and has been left alone. A child having been born exposed to an illegal drug or a parent's drug use also leads to a hotline call.

Upon receipt of the hotline call, the DCFS Central Registry will have contacted a local DCFS Investigator to conduct an investigation into the allegations of the hotline call. The investigator was likely to have met with the parent who the allegations run against, as well as the named children. Hospital or school staff might also be interviewed and the children would be examined to see if there are present signs of abuse. If the investigator determines that the circumstances are severe enough, he or she will take temporary protective custody of the child or children and remove them from the parent's home. If that route is taken, the next step would be a shelter care hearing, and the parent should be advised to stay in contact with the Investigator. Even if the circumstances do not warrant taking protective custody of the child, the investigator may still find that the hotline report should be "indicated" for neglect or abuse and DCFS would offer services to the parent.

If a shelter care hearing is required, the DCFS investigator will have provided the investigation report to the State's Attorney's Office, who will prepare a petition with charges of abuse or neglect, and file it in the Circuit Court of either the county where the neglect happened or where the child resides. When children are taken into temporary protective custody, your client is entitled to (and the Juvenile Court Act requires) a Temporary Custody Hearing being held within 48 hours to determine whether the child shall be further held in custody.(705 ILCS 405/2-9(1) (West 2010) The petitioner (the State) is required to notify the minor's parent or guardian of the time and place of the hearing. If you have spoken to your potential client prior to this hearing occurring and decided to represent the parent, the shelter care, or Temporary Custody Hearing would be the first opportunity to enter one's appearance.

At the Temporary Custody Hearing, parents are served with petitions in the matter and evidence is presented to the court so a probable cause determination can be made. This can be done through a proffer of reports from DCFS and other agencies or through testimony by the DCFS Investigator. It is proper for the Circuit Court to consider previous indicated reports of abuse and neglect through the DCFS central registry which involve the minor's parent, guardian or custodian. 705 ILCS 405/2-10(2) (West 2010) As an advocate for the respondent parent, the most probable opportunity for persuading a court to deny a shelter care request and place the child back with the respondent parent is through highlighting that there exists no immediate or urgent necessity to remove the child or that DCFS has not documented the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from the home. An avenue to explore may be why a safety plan was chosen as the desired route instead of protective custody.

You may find that instead of a potential client coming to you the day DCFS takes protective custody of the child, they come to you after the Shelter Care hearing has already taken place. If your client has not attended the hearing and you are within 10 days of the hearing, the Juvenile Court Act allows your client an opportunity for a Rehearing on Temporary Custody, so that they have an opportunity to be heard and understand the reasoning for custody of the children being taken. 705 ILCS 405/2-10(3) (West 2010)

If, despite your best efforts for your client, temporary custody is granted to DCFS, then there are additional requirements that the State and/or DCFS must comply with in the process of advancing toward an adjudicatory hearing. If the Juvenile Court Act requires the State or DCFS to comply with an action or a filing and they fail to do so, then, depending on the infraction, it may be proper and in the best interest of your client to file a motion to dismiss based on that failure, or at least explore a motion to compel the filing. For example, the Juvenile Court Act requires that when DCFS is appointed as the temporary custodian, they "shall file with the court and serve on the parties a parent-child visitation plan, within 10 days, excluding weekends and holidays, after the appointment." 705 ILCS 405/2-10(2) (West 2010) Visitation with the child is such an important thing for your client that you should absolutely insist this statute be adhered to by DCFS. The "shall" in the statute is indicative of the importance placed on it by the legislature. The statute further explains that the frequency, duration and locations of visitation shall be measured by the needs of the child and the family, and not by the convenience of Department personnel.

As counsel for the parent it is your duty to explain to your client that acceptance of services shall not be considered an admission of any of the allegations in the petition. If your client chooses the wise route of engaging in services offered by DCFS to correct conditions that led protective custody to be taken, they should know that the Juvenile Court Act does not allow that information to be used against them at the Adjudicatory hearing. DCFS is obligated to begin offering services at the outset of the case, and establishing the requirements which will be expected out of a parent in order to regain their children, and publishing them in a Client Service Plan. For your client's sake, cooperating in services and following the Client Service Plan would be in their best interest as well, for parents are only entitled to 9 months after the adjudicatory hearing to make progress and efforts toward returning the child home and correcting the conditions that led to the child being taken, before a Termination of Parental Rights petition could be filed. Your client should be encouraged to keep an open line of communication with their caseworker, as this will facilitate the best results toward regaining their child.

The Adjudicatory Hearing is a fancy phrase for the trial on the State's Petition for Wardship based on the abuse or neglect. As all actions under the Juvenile Court Act are civil in nature, the State must prove its case using a preponderance of the evidence standard. Abuse and neglect cases employ some rules of evidence that are quite unique, and many of them can only be found in the caselaw for your specific appellate court district. By statute, there are some areas of juvenile law that constitute prima facie evidence of abuse or neglect, including having a medical diagnosis of battered child syndrome, failure to thrive syndrome, fetal alcohol syndrome or has been a victim of any number of sex crimes. 705 ILCS 2-18(2) (West 2010) Medical records are admissible to the court, as well as any indicated report held by DCFS. 705 ILCS 405/2-18(4)(a) and (b) (West 2010) As an example of caselaw driving the rules of evidence, the 4th District has ruled that the entire DCFS investigatory file is not admissible for the Circuit Court to consider in its ruling; only the "indicated report" portion of the investigative file is admissible. In re J.C., 2012 IL App (4th) 110861, 966 N.E.2d 453. The Juvenile Court Act also requires the proceedings to work on a fairly tight schedule. The Adjudicatory hearing must commence within 90 days of the date of service of process on the parties. 705 ILCS 405/2-14(b) (West 2010) The time limit is quite strict, and the adjudicatory hearing can only be continued beyond the 90 day mark one time, for up to 30 days, and only if the continuance is consistent with the health, safety and best interests of the minor and approved by the court. 705 ILCS 405/2-14(c)(West 2010) If the case continues beyond that point, it may be in your client's best interests to file a motion to dismiss, and it could likely be granted.

A finding that the State has proven its counts of abuse or neglect at the Adjudicatory Hearing does not end your responsibility in the case. The Dispositional Hearing is equally as important as the Adjudicatory Hearing as it determines whether it is in the best interest for the child to be made a ward of the court or whether it would be safe to return the child to one of the respondent parents with certain conditions. The hearing allows the Court and attorneys to examine the services which will be provided to the respondent parents, and to make suggestions of additions or deletions as required. If the only barrier for your client regaining their child is one of financial circumstances alone, then you should request custody and guardianship to be returned to your client, as financial circumstances alone do not support an unfitness finding. If custody and/or guardianship of the child is granted to DCFS, Permanency Hearings shall follow the Dispositional Hearing every 6 months to assess the parents progress and efforts toward returning the child home. DCFS is also under requirements to the Court to put forth reasonable efforts in providing parents the services they need to regain their child. If your client is not receiving the services they need, you should consider requesting that DCFS has not upheld its end of the bargain. Your representation of your client can end one of two ways, at opposite ends of the spectrum. Your client will either have custody and guardianship of their child restored to them, if they have successfully completed all their requirements, or a Termination of Parental Rights petition will be pursued, and your client may lose all rights to their child. The severity of the implications of these proceedings should be stressed to your client at every step of the process.

In conclusion, the area of abuse and neglect law is rich with opportunities for litigation, but is not an undertaking to be taken lightly. The lives of children and the futures of families weigh on the backs of the attorneys involved. Having a working knowledge of the process of juvenile courts is imperative to your success. Taking on a client in a case like this requires dedication to a potentially years-long court process, but the success of your client regaining their children can be quite rewarding.

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Jon D. McLaughlin

(309) 319-6206 

New Parenting Coordination Rule in Bloomington Illinois Divorces

ELEVENTH JUDICIAL CIRCUIT COURT RULE 120

Effective January 1, 2013.

D. Parenting Coordination in Dissolution and Family Cases (McLean County)

In an effort to provide the citizens of the Eleventh Judicial Circuit with an expeditious and expense saving alternative to traditional litigation in the resolution of high conflict custody and visitation cases, a program of Parenting Coordination is hereby established in McLean County.

1. Appointment - The Court may appoint a parenting coordinator when it finds the following:

a. The parties failed to adequately cooperate and communicate with regard to issues involving their children, or have been unable to implement a parenting plan or parenting schedule;

b. Mediation has not been successful or has been determined by the judge to be inappropriate; or

c. The appointment of a parenting coordinator is in the best interests of the child or children involved in the proceedings.

Notwithstanding the above, the court may appoint a parenting coordinator by agreement of the parties.

2. Qualification - The parenting coordinator shall possess the Minimum Qualifications of Matrimonial and Family Dispute Mediators which have been established by the Chief Judge of the Eleventh Judicial Circuit.

3. Confidentiality - Communications with the parenting coordinator shall not be confidential, except that upon the agreement of both parties and the parenting coordinator, the court may deem all or any specific part of the communications with the parenting coordinator to be confidential, if such designation appears to be in the best interests of the children.

4. Duties:

a. The parenting coordinator shall educate, mediate, monitor court orders and make recommendations to the court as necessary. In addition, the parenting coordinator may recommend approaches that will reduce conflict between parents and reduce unnecessary stress for the children.

b. The parenting coordinator may monitor parental behaviors and mediate disputes concerning parenting issues and report any allegations of noncompliance to the court, if necessary.

c. The parenting coordinator shall recommend outside resources as needed, such as random drug screens, parenting classes and psychotherapy.

d. The parenting coordinator may recommend detailed guidelines or rules for communication between parents.

e. The parenting coordinator shall maintain communication among all parties by serving, if necessary, as a conduit for information.

f.  The parenting coordinator may meet with the parties, the children, and significant others jointly or separately. The parenting coordinator shall determine if the appointments shall be joint or separate.

g. Each parent should direct any disagreements or concerns regarding the children to the parenting coordinator.

h. The parenting coordinator shall work with both parents to attempt to resolve the conflict and, if necessary, shall recommend an appropriate resolution to the parents.

i.  The parenting coordinator shall not have any decision-making authority which is the sole province of the court.

j.  The parenting coordinator shall not serve as a custody evaluator in any proceeding involving one or more parties for whom the parenting coordinator has provided parenting coordination services.

k. The parenting coordinator shall not be permitted to give a recommendation or opinion concerning the ultimate issue of fact, law, or mixed issue of fact and law as to child custody, primary physical residence, or visitation. Recommendations or opinions on lesser issues, as stated above, may be conveyed by the parenting coordinator to the parents and the court.

l.  No parenting coordinator shall be held liable for civil damages for any act or omission in the scope of the parenting coordinator's employment or function, unless such person acted in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of the rights, safety or property of another.

5. Expenses of the Parties – Expenses of the Parent Coordinator shall be borne by the parties and shall not be assessed against or paid for by McLean County.

Call us to schedule a consultation if you have any questions about these issues!

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Jon D. McLaughlin

(309) 319-6206

Bloomington Legal Newsletter: McLean County Docket

You can see what court cases are coming up in the next 14 days by visiting the following site: http://www.mcleancountyil.gov/index.aspx?NID=540

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Jon D. McLaughlin

(309) 319-6206 

Child Support Maintenance Fee Payment in McLean County Child Support Cases

Child Support Records Maintenance Annual Fee

In child support and maintenance cases, Illinois statute 705 ILCS 105/27.1a (bb)(4) authorizes the circuit clerk to collect an annual fee of $36 "…from the person [payer] making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court." 

This annual clerk's fee is in addition to and separate from amounts ordered to be paid as maintenance or child support, and is used by the circuit clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. 

Each year the circuit clerk's office sends reminder notices to the last known address of each payer. 

Failure to pay your annual clerk's fee may affect your credit rating. 

You may make your annual clerk's fee payment using your credit card. 

Online Payments
To pay ONLINE you will need the following information in order to make a payment: 

·         Case #

·         Dollar Amount You Are Paying

·         A Valid MasterCard, Visa, Discover or American Express Card

*A convenience fee of 3.5% of the payment or $3.50 minimum will be added to the amount of fees due for this service. Government Payment Services (GPS) is an independent company that charges this fee for its services. The Court and Circuit Clerk's office receives no part of the convenience fee. 

Pay your maintenance fee online.

 

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Jon D. McLaughlin

(309) 319-6206 

How to Obtain a Copy of Your McLean County Divorce Judgment

In McLean County Illinois, copies of your court file are always available for you, either from the actual file or from a microfilm of your case.

The cost for photocopies is $2.00 for the first page, .50 per page for the next 19 pages, then .25 per page for each page thereafter. Certification may be had for an additional $10.00 upon request.

The Clerk asks that you have the caption of the case, the case number if possible, or the year in which the case was filed to assist them in retrieving your records. If you need several years searched, the cost is $6.00 per year for record searches.

Please note: Cases from the 1960's (Divorce Records) are stored at an off-site facility and it can take 1-2 days to retrieve these files for inspection and copying. Please let the Clerk know by phone or e-mail and they can work with you to eliminate unnecessary trips to their office.

You may request copies in person during their business hours of M-F 8:30-4:30, or in writing or by e-mail. The cost of all copies must be paid in advance of any mailing. Please make checks/money orders payable to: McLean County Circuit Clerk. 

The Clerk will advise you of the cost of your copies. Do not send cash via the mail.

The Clerk's Address is:
McLean County Circuit Clerk- Attn: Family Division
PO Box 2420
Bloomington, IL 61702-2420 or

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Jon D. McLaughlin

(309) 319-6206 

McLean County Family Visitation Center (Bloomington Illinois)

A lot of clients need help with supervised visitation or visitation exchanges in a public place. The Visitation Center in Bloomington Illinois is one resource in these types of cases

McLean County Family Visitation Center

McLean County is located in central Illinois about an hour northeast of Springfield. 

According to the US Census Bureau, the 2004 estimated population of McLean County is 158,006 with a land area of 1,184 square miles. 

In 2004, 182 Emergency Orders of Protection, 13 Interim Orders of Protection and 175 Plenary Orders of Protection were entered into the Law Enforcement Administrative Data System (LEADS).

Development of the McLean County Family Visitation Center:

In 1999, the McLean County Domestic Violence Task Force, established in the mid 1990's, composed of community members, churches, the Sheriff's Department, the State's Attorney, victim advocates and partner abuse intervention service providers began exploring the issues of children in families with domestic violence and specifically the lack of safety during exchanges for both victims and their children.  The Task Force determined the community needed a center that would allow for safe visitation exchanges that would help protect both children experiencing domestic violence and the victim.   

The Task Force supported The Children's Foundation when they applied for, and received, a pilot grant from the Illinois Violence Prevention Authority (IVPA) to develop and implement a visitation exchange center. 

The McLean County Family Visitation Center opened September 1999 and currently serves seven families a month.

Program Administration

The Children's Foundation provides fiscal and personnel oversight for the McLean County Family Visitation Center.

Site/Location

The McLean County Family Visitation Center is located at the offices of The Children's

Foundation in Bloomington.  The facility has both a front and back entrance so parents arrive through separate entrances.  The custodial parent uses the front entrance and the non-custodial parent uses the back entrance.

The Visitation Center is open from 9:00 a.m. to 9:00 p.m. Monday through Sunday where exchanges can occur at any time.  The agency averages about 12 hours a week in exchanges.

Security

Security cameras are located in the McLean County Family Visitation Center parking lots, building hallways and in the visitation room.  Parents are videotaped from the time of their arrival to the time of their departure.  Parents are informed of the cameras during the intake interview and sign a form that they are aware of the cameras and that they are being videotaped. 

There is a panic button on the wall and a portable panic button that is carried by the staff that notifies law enforcement immediately.

Funding

The Children's Foundation received funding for a pilot grant from IVPA for two years. They were notified by IVPA in May of 2001 that the McLean County Family Visitation Center would not be eligible for funding in fiscal year 2002 due to changes in prevention criteria used by IVPA.  With the loss of this funding, the Foundation's board of directors began a fundraising effort.  The Foundation received a one time grant from the county for $10,000 in 2003 as well as a two year federal Safe Havens Grant in October 2004.  The Foundation is reapplying for Safe Havens funding for 2006-2008.

Additional funding is generated from intake fees and exchanges.  The non-custodial parent is charged a $25.00 intake fee and each parent is charged $5.00 per exchange, collected at the time of the exchange.  In cases of financial hardship, a family can write a letter to the Visitation Center requesting a fee waiver or fee reduction.  Staff determines if a waiver is granted on a case-by-case basis. 

Staffing

The McLean County Visitation Center is staffed with social workers employed by The Children's Foundation.  Typically, one staff person is scheduled for exchanges, but if there are exchanges scheduled where either of the parents are exhibiting certain risk factors, additional staff will be added.  The Visitation Center also has students in the Masters of Social Work program from Illinois State University who assist with exchanges.

During their first year at the Foundation, new staff, volunteers and interns complete a 15 hour training course covering stages of child development, the effects of divorce, family violence including intimate partner abuse, child abuse, and mandated reporting for child abuse.  Annually, ten hours of continuing education training is provided for staff.  

Protocols/Procedures Types of cases

A court order is not required in order to use the McLean County Family Visitation Center but families must have been or are experiencing domestic violence, physical abuse, sexual abuse, or stalking.  Referrals may come from the court, attorneys, shelters and other social service agencies or as a self-referral from the family.

Procedures -- Intake

Both parents are required to schedule an intake assessment before the Visitation Center will begin providing supervised exchanges:  

The parents are interviewed individually and the following information is covered: A Client Fact Sheet that includes the names of parents, contact information and the names of the children; A Legal Information Form that includes information on any current or expired orders of protection, court orders for visitation, docket numbers and the names of any judges presiding over cases between the parties and the attorneys representing them; A social history that contains any family history of violence; The guidelines for using the Visitation Center; Each parent signs a form indicating that they have received the rules of the Visitation Center, an Informed Consent to Participate in Services, the Statement of Confidentiality, the Clients Rights Statement, and the Appeal/Grievance Policy for Persons Served.

  Exchange Process

The non-custodial parent arrives 10 minutes before the exchange and enters through the rear entrance.

The custodial parent arrives at the designated time of the exchange through the front entrance.

The staff will bring the child to the non-custodial parent who is waiting in the visitation room. 

The non-custodial parent will wait 15 minutes with the child while the custodial parent leaves the building.

When returning the non-custodial parent and child arrive 15 minutes before the exchange.

The custodial parent arrives at the designated time of the exchange, picks up the child and leaves.

The non-custodial parent waits 15 minutes and then leaves.

Records and Reporting

The Visitation Center provides reports to the court on a quarterly basis.  The reports include a summary of the services provided, reasons for cancellation of an exchange, no shows, observations and concerns of the staff and recommendations if appropriate.  Reports are filed more frequently if there is a pressing issue.  The reports filed with the court are also sent to the clients and their attorneys.

Other Services Provided

The Children's Foundation is a child welfare agency and part of Children's Home & Aid Society of Illinois.  Services available include supervised visitation, transportation to and from visits, parenting/child groups, therapy, and an on-site crisis nursery. 

Data Collection

Due to the fact that the McLean County Family Visitation Center is funded by Safe Havens, the Visitation Center uses a required database from the Department of Justice that includes demographic information, reasons for referrals, family issues and the number of exchanges.

Advisory Committee

The McLean County Family Visitation Center has an advisory committee that meets quarterly. 

The role of this committee is to advise the program on policies and programming as they relate to the Visitation Center.  The committee includes representation from the following groups: women's advocates, child abuse services, Illinois State University School of Social Work, family law attorneys, legal services, family law division judges, physicians, the state's attorney's office, child protection, law enforcement and court administration.

Promotion/Marketing

A brochure on the McLean County Family Visitation Center is distributed to judges, attorneys and service providers.  The Visitation Center hosts annual trainings for judges, attorneys and law enforcement.

  

If you have any questions regarding the McLean County Visitation Center, or other Child Custody or Visitation matters, please contact my office to schedule a Consultation.

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Jon D. McLaughlin

(309) 319-6206

Grounds for Divorce in Bloomington Illinois

When you file a Petition for Dissolution, you must allege specific grounds that entitle you to the relief you are seeking—namely, a divorce. In the past, a person could not be divorced without a very good reason. Now, however, in addition to legal separations, Illinois law offers divorces in two flavors: those where a specific reason is given ("grounds), and those where no reason is given ("irreconcilable differences"). The various grounds are discussed below:

Irreconcilable Differences:

In Illinois we use the term "irreconcilable differences" to describe what others know as a "no fault divorce." To be accurate, it would be proper to view irreconcilable differences as a modified no-fault basis of dissolution, because, unlike other states in which true no-fault grounds exist, there are some minimal prerequisites to receiving a judgment under irreconcilable differences. To be granted a divorce, you must prove that irreconcilable differences have caused the irretrievable breakdown of the marriage, that past efforts at reconciliation have failed, that future efforts at reconciliation would be impracticable and not in the best interests of the family.

In Illinois, to proceed using "irreconcilable differences" as the grounds for divorce the parties must live "separate and apart" for at least two years before their case may be concluded. You may file your case while you're still living together, but you must live separate and apart for two years before the case can be finalized.

The two-year waiting requirement can be waived if both parties sign a special waiver form. Even then, however, they must still live separate and apart for at least six months before the case may be finalized.

Grounds:

The ten traditional grounds for dissolution of marriage in Illinois are specified in 750 ILCS 5/401(a)(1):

Impotence

Impotence is not a common or often-used ground. The seminal case discussing it is from 1912. Kinkaid v. Kinkaid, 100 N.E. 217 (1912). "Naturally impotent" means incurably so, whether the impotence is caused by a disease, a permanent physical defect, or an accident. Griffeth v. Griffeth, 44 N.E. 820 (1896). The statute also requires the impotence to have been in existence at the time the marriage took place.

Bigamy

Bigamy is a ground not only for dissolution of marriage but also for a declaration of invalidity. 750 ILCS 5/212(a)(1). The fact that the petitioner knew or should have known of the earlier marriage is not a ground for denying a divorce, but it may be a factor in deciding whether to grant alimony or maintenance. Belluomini v. Belluomini, 392 N.E.2d 669 (1st Dist. 1979). The statute specifies that children born of a bigamous marriage are legitimate and are entitled to the same considerations regarding child support as children of a monogamous marriage. 750 ILCS 5/212(c), 5/303.

Adultery

Surprisingly, there is little case law addressing the definition of "adultery" and standards of proof. Most cases seem to assume the definition and address other issues, perhaps because "adultery" has a common meaning. BLACK'S LAW DICTIONARY, p. 52 (7th ed. 1999), defines it as "[v]oluntary sexual intercourse between a married person and a person other than the

offender's spouse." This definition seems to be the generally accepted one. In order to establish adultery, there must be proof of a carnal act. Wolfrum v. Wolfrum, 126 N.E.2d 34 (3rd Dist. 1955). Because adultery can seldom be proved by direct evidence, it may be proved by circumstantial evidence.

        One may demonstrate facts and circumstances from which adultery can reasonably be inferred. Marcy v. Marcy, 79 N.E.2d 207 (1947). The adultery must be without the fault or provocation of the other spouse. If the person alleging adultery was himself living with a woman other than his wife prior to the time he alleged his wife committed adultery, his wife's alleged adultery may have been provoked by the husband's prior adultery or based on his fault. See Cuneo v. Cuneo, 399 N.E.2d 1384 (2nd Dist. 1980). Note also that adultery is a crime in Illinois. 720 ILCS 5/11-7.

Wilful desertion or absence for the space of one year

Desertion, to constitute a legal ground in Illinois, must be against the will of the petitioner and without reasonable cause and must have lasted for at least one year. Boyd v. Boyd, 207 N.E.2d 350 (5th Dist. 1965). Desertion requires proof of "an actual abandonment and abnegation of all marital relationships with an intent not to return and without legal justification or consent of the other spouse." Lemon v. Lemon, 150 N.E.2d 608 (1958). Since it must be willful and without cause, spouses who choose to sever their marital relationship by mutual consent cannot properly assert statutory desertion as a ground for dissolution. If one spouse asks the other to return, however, and the latter refuses, then desertion exists as a ground. Conversely, if a spouse who left asks to return within the statutory period and is denied, that spouse may not be charged with desertion. Metoyer v. Metoyer, 235 N.E.2d 882 (1st Dist. 1968). Finally, if one of the spouses moves out of the marital residence and files a petition for dissolution of marriage on any ground, he or she may technically be subject to a counterpetition based on desertion once a year has passed. The time that litigation is pending counts toward that one-year minimum period. 750 ILCS 5/401(a)(1). Constructive desertion occurs when one of the spouses through acts of unprovoked brutality or cruelty forces the other spouse out of the marital residence. Dayan v. Dayan, 229 N.E.2d 568 (5th Dist. 1967).

Habitual drunkenness for the space of two years

In Murphy v. Murphy, 334 N.E.2d 779 (1st Dist. 1975), the court defined "habitual drunkenness" as:

an irresistible habit of getting drunk . . . a fixed habit of drinking to excess . . . an involuntary tendency to become intoxicated, which is acquired by frequent repetition, — such a frequent indulgence to excess as to show a formed habit and inability to control the appetite.

Quoting Garrett v. Garrett, 96 N.E. 882 (1911).

The two-year period referred to in the statute need not be continuous, and short, voluntary periods of abstention will not affect the finding of habitual drunkenness. Bissekumer v. Bissekumer, 57 N.E.2d 521 (2nd Dist. 1944).

Gross and confirmed habits caused by the excessive use of addictive drugs for the space of two years

The statute itself clarifies that "excessive use of addictive drugs" refers to "use of an addictive drug by a person when using the drug becomes a controlling or a dominant purpose of his life." 750 ILCS 5/401(a)(1).

Attempting the life of the spouse by poison or other means showing malice

It is interesting that 750 ILCS 5/401(a)(1) still provides that, as a ground for dissolution, an attempt on the life of a spouse must be not only without provocation but also by a means showing malice. It is difficult to think of any means of attempting to take a spouse's life that would not show malice, but the statute is what it is. See In re Marriage of Davenport, 416 N.E.2d 88 (4th Dist. 1981) (wife's pouring and lighting kerosene on bed where her husband was lying established grounds entitling him to divorce based on mental cruelty).

Extreme and repeated physical or mental cruelty

Other than the no-fault provisions of 750 ILCS 5/401(a)(2), this ground is probably the most common for dissolution of marriage. "Extreme and repeated mental cruelty" has been defined as a pattern of abusive and humiliating treatment, calculated or obviously of a nature to torture, discommode, or render miserable the life of the spouse, which actually affects the physical or mental health of the spouse. Deahl v. Deahl, 300 N.E.2d 497 (1st Dist. 1973). There must be at least two incidents to meet the "repeated" requirement. The appellate court has defined "mental cruelty" as follows:

Mental cruelty is a course of unprovoked, offensive conduct toward one's spouse which causes embarrassment, humiliation, and anguish so as to render the spouse's life miserable and unendurable, and which actually affects the spouse's physical or mental health.

In re Marriage of Reeder, 570 N.E.2d 876 (3rd Dist. 1991).

In determining whether conduct constitutes extreme and repeated mental cruelty, the court is to apply a subjective rather than an objective standard. Akin v. Akin, 260 N.E.2d 481 (4th Dist. 1970). The court's function is not to determine whether the respondent's conduct would have been cruel to a reasonable person or to a person of average sensibilities. It is to determine whether it was, in fact, cruel to the petitioner.

Extreme and repeated physical cruelty is established by two acts of physical violence committed on separate occasions or with enough time between the actions so that they can be considered separate. Kovack v. Kovack, 268 N.E.2d 258, 259 (1st Dist. 1971). The actions must be both extreme and repeated, and a single act of physical cruelty is insufficient as a ground for dissolution of marriage. Godfrey v. Godfrey, 1 N.E.2d 777 (4th Dist. 1936). Slight acts of physical cruelty are also insufficient. Bidstrup v. Bidstrup, 196 N.E.2d 512 (2nd Dist. 1964).

Conviction of a felony or other infamous crime

For the definition of a "felony," see 720 ILCS 5/2-7 (a felony is a crime punishable by death or imprisonment for one or more years). See also In re Marriage of Ducey, 428 N.E.2d 1165 (5th Dist. 1981) (degree of offense must be measured by statute, and court cannot simply find offense comparable to felony and thus basis for divorce).

Infection of the spouse with a sexually transmitted disease

There is no appellate or Supreme Court case in Illinois discussing infection with a sexually transmitted disease as a ground for dissolution of marriage. Perhaps because the plaintiff may proceed on other grounds, or perhaps because of the sensitive nature of these allegations, this ground is rarely used. However, the statutory language is broad, and more venereal diseases than syphilis and gonorrhea are covered. It is unclear if acquired immune deficiency syndrome (AIDS) would be covered. It would seem so, but to date there has been no ruling to that effect. You should be aware that intentional infliction of these diseases may also constitute a tort, which you can plead as a cause of action separate from the one for dissolution.

Lack of cause or provocation:

The section of the statute that cites the ten grounds begins the list by stating the following: "That, without cause or provocation by the petitioner, the respondent. . ." 750 ILCS 5/401(a)(1). The rules of statutory construction dictate that this predicate governs all the following ten grounds and that the petitioner, for each ground asserted, must allege that it was without the petitioner's fault or provocation. 

Conclusion:

In most cases, grounds is not a topic that should consume too much discussion. It is usually dealt with is an expeditious manner. However, it is a matter that demands strict compliance in order to be awarded a Judgment for Dissolution. If you have any questions, don't hesitate to ask me!

--
Jon D. McLaughlin

(309) 319-6206 begin_of_the_skype_highlighting            (309) 319-6206      end_of_the_skype_highlighting


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Here in Bloomington, in camera interviews are not rare, as opposed to other surrounding counties, so this new case from the Appellate Court may be interesting to some in McLean County:

Grunstad v. Cooper

Illinois Appellate Court

Civil Court

Citation

Case Number: 

 2012 IL App (3d) 120524

Decision Date: 

 October 17, 2012

District: 

 3d Dist.

Division/County: 

 La Salle Co.

Justice: 

 CARTER

Holding: 

 Affirmed.

http://www.state.il.us/court/opinions/AppellateCourt/2012/3rdDistrict/3120524.pdf

Court's custody decision reflected thorough consideration of evidence for custody, and did not err in granting mother's motion for directed verdict. Court was within its discretion in denying father's motion to conduct in camera interview of parties' 14-year-old child, as court had other evidence of child's custody preference. (HOLDRIDGE and McDADE, concurring.)

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Jon D. McLaughlin

(309) 319-6206 


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Illinois Supreme Court announces new standards for e-filing in trial courts

From: IllinoisLawyer

Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced on Wednesday new statewide standards and new and amended Supreme Court rules that will allow all courts in Illinois to begin electronic filing of court documents in civil cases.

To date, only five counties in Illinois have been approved to operate e-filing systems as part of a pilot project, mostly on a limited basis. Those counties are Cook, DuPage, Madison, St. Clair and Will. The announcement ends the pilot stage of e-filing in Illinois and allows all circuit court clerks to move to permanent and on-going procedures, if they so wish.

The new statewide principles and standards, new Supreme Court Rule 138 and amended Supreme Court Rule 201, give the go-ahead to civil case e-filing while placing an emphasis on protecting against identify theft and disclosure of sensitive information. They do this by protecting personal identity information such as Social Security numbers, birth dates, mother's maiden names, driver's license numbers, financial account numbers and debit and credit card numbers. This information will be barred from documents or exhibits filed with the court—whether in a paper or electronic filing. Discovery responses are prohibited from filing as well, absent leave of court.

The new standards and rules will apply only to civil cases. They are the product of the Illinois Supreme Court Special E-Business Committee announced by Chief Justice Kilbride in June 2011, chaired by Chicago lawyer Bruce Pfaff.

"Illinois is behind on using e-business and e-filing in its courts. We know that," said Chief Justice Kilbride. "These uniform, statewide standards allow e-filing in our courts; it is no longer part of a wish list. Circuit courts may now use e-filing's greater efficiencies and long-range cost savings in addition to offering a modern way of doing things."

The Supreme Court also announced Wednesday an amendment to Supreme Court Rule 11 to allow service of documents electronically in the trial courts. Attorneys and parties must include an e-mail address for service of documents on appearances and pleadings filed in the court.

The new standards and rules will go into effect January 1, 2013. This will allow Circuit Court clerks, chief judges, judges and attorneys sufficient lead time to make required changes to court operations and automated systems. In the interim, the Administrative Office of the Illinois Courts, under Director Michael J. Tardy, will schedule regional meetings with stakeholders including chief judges, circuit court clerks and court management system vendors to chart the way to best move forward for each individual county.

"This is a great day," said Mr. Pfaff, who runs a law office that is essentially paperless. "Behind the initiative of Chief Justice Kilbride and approval of e-business by the entire Supreme Court, the legal system in Illinois will become more efficient and significantly less expensive to operate. Any county that wishes can adopt e-filing and electronic document management systems and start to take advantage of the power of computers.

"Issues relating to personal privacy have been resolved to the satisfaction of the Supreme Court and those committees which studied the matter. Our committee thanks all of the court clerks and their staffs from around the country that freely gave their time and expertise to help us choose a set of standards and guidelines that allows Illinois to move forward."

There are several jurisdictions around the nation, including the federal courts' PACER system that uses e-filing and other e-technologies. But there are special challenges associated with e-filing in Illinois.

The challenges stem from the fact that Illinois is comprised of 102 counties organized within 23 Circuit Court jurisdictions and five Appellate districts. Both the state and the counties provide financial support for the operation of the courts. Complicating the matter further in Illinois, there are at least 12 different Circuit Court management software systems operating in the various court jurisdictions. Under the new statewide standards, these management systems have to be integrated with any e-filing program.

Implementation requires the cooperation of various entities within a county, including software vendors.

"The Chief Judge and the elected Circuit Court Clerk will have to agree on implementing an e-filing program and inform the Supreme Court that their system is in accordance with the standards and the rules," said Mr. Tardy, who serves as director of the Supreme Court's administrative arm. "Each county has different priorities, needs and resources. I expect some counties, especially those which have been operating pilot programs, will choose to go forward as soon as they can. Others may wait to see how e-filing develops in counties similar to theirs."

New Supreme Court Rule 138, which applies to both paper and electronic filings, defines and prohibits personal identity information from inclusion in documents or exhibits filed with the court and if a court orders the filing of documents that contain personal identity information, it establishes specific steps to file it under seal in a separate document.

Supreme Court Rule 201 is amended to prohibit the filing of any discovery, which often contains sensitive and personal information, and much of which does not rise to evidence at trial. The e-filing standards do not preclude an e-filing vendor from charging fees for electronic filing, but no additional fee may be charged by the clerk of the circuit court, and no vendor fee may be shared with the clerk.

Since his colleagues elected him Chief Justice in October 2010, Chief Justice Kilbride has moved to make Illinois court operations more economical, more efficient and more user friendly by implementing improvements in technology. E-filing is still underway as a pilot project in the Supreme

Court; in addition, several Illinois counties are participating in pilot projects that allow attorneys, parties and appellate justices to electronically view, access and work from the official record of cases on appeal.

The Special E-Business Committee consulted with representatives from bar groups, appellate lawyers, circuit court clerks and members of the Illinois Judicial Conference. Along with Chair Bruce Pfaff, the Committee members are Sterling attorney Trent L. Bush; Chicago attorney David M. Hundley; Edwardsville attorney Rebecca R. Jackson; Chicago attorney Vanessa G. Jacobsen; Northbrook attorney Alan Pearlman; Wheaton attorneyEdward J. Walsh; and Springfield attorney Thomas H. Wilson.

Illinois Supreme Court Clerk Carolyn Taft Grosboll and Fourth District Appellate Court ClerkCarla Bender serve as ex-officio members of the Committee.

--
Jon D. McLaughlin

(309) 319-6206 


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New Law regarding Health Expenses, Daycare, and Extra-Curricular Expenses

Up to this point, our firm has been very successful with our requests from McLean County courts for a division of child-related expenses, such as medical costs, daycare, and extra-curricular activities. While there has not been any explicit statute regarding these expenses in the past, there has been case law, from the Illinois Appellate Court, that we have used to assist the judges who want to divide these expenses. But now, the State Legislature has passed Public Act 097-0941. This law amends the Child Support section of the Divorce Statute (Section 505), and specifically states that a court can, in its own discretion, divide these expenses between the parties. While we have found that it was almost a given in every Bloomington divorce (or separation) that medical expenses are divided, a number of judges have, at times, expressed reluctance to split extra-curricular expenses, perhaps worried about over-stepping the proper reach of a court. After January 13th (the date this new law goes into effect), the amended statute gives a court discretion to allocate these expenses between the parties.  Allowing the courts this discretion will likely enhance the odds that a court will actually use such discretion to equitably allocate these expenses. If you have any questions about this new law, and how it could affect your situation or case, please contact our office at (309) 622-5084.  

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Jon D. McLaughlin

(309) 319-6206 


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Associate Judge Notice of Vacancy

Bloomington Illinois: 

The Eleventh Judicial Circuit has approval from the IL Supreme Court to post the attached Associate Judge Notice of Vacancy. Applications are due by October 24, 2012

New Law Gives Parents in Bloomington Some New Tools

Governor Quinn has now signed a new law that will provide parents in Bloomington some significant remedies in pursuing child visitation interference. This new law would permit courts in McLean County to punish visitation interference about as severely as failure to pay child support.  

The Illinois State Bar Association fought hard against the bill, arguing that the bill was unconstitutional. Here is the actual language the new law:

 

(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)

Sec. 607.1. Enforcement of visitation orders; visitation abuse.

(a) The circuit court shall provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. Visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child's custodian.

(b) An Action may be commenced by filing a petition setting forth: (i) the petitioner's name, residence address or mailing address, and telephone number; (ii) respondent's name and place of residence, place of employment, or mailing address; (iii) the nature of the visitation abuse, giving dates and other relevant information; (iv) that a reasonable attempt was made to resolve the dispute; and (v) the relief sought.

Notice of the filing of the petitions shall be given as provided in Section 511.

(c) After hearing all of the evidence, the court may order one or more of the following: (1) Modification of the visitation order to specifically outline periods of visitation or restrict visitation as provided by law. (2) Supervised visitation with a third party or public agency. (3) Make up visitation of the same time period, such as weekend for weekend, holiday for holiday. (4) Counseling or mediation, except in cases where there is evidence of domestic violence, as defined in Section 1 of the Domestic Violence Shelters Act, occurring between the parties.  (5) Other appropriate relief deemed equitable.

(c-1) When the court issues an order holding a party in contempt for violation of a visitation order and finds that the party engaged in visitation abuse, the court may order one or more of the following:  (1) Suspension of a party's Illinois driving privileges pursuant to Section 7-703 of the Illinois Vehicle Code until the court determines that the party is in compliance with the visitation order. The court may also order that a party be issued a family financial responsibility driving permit that would allow limited driving privileges for employment, for medical purposes, and to transport a child to or from scheduled visitation in order to comply with a visitation order in accordance with subsection (a-1) of Section 7-702.1 of the Illinois Vehicle Code.  (2) Placement of a party on probation with such conditions of probation as the court deems advisable.  (3) Sentencing of a party to periodic imprisonment for a period not to exceed 6 months; provided, that the court may permit the party to be released for periods of time during the day or night to: (A) work; or  (B) conduct a business or other self-employed occupation.  (4) Find that a party in engaging in visitation abuse is guilty of a petty offense and should be fined an amount of no more than $500 for each finding of visitation abuse.

(d) Nothing contained in this Section shall be construed to limit the court's contempt power, except as provided in subsection (g) of this Section.

(e) When the court issues an order holding a party in contempt of court for violation of a visitation order, the clerk shall transmit a copy of the contempt order to the sheriff of the county. The sheriff shall furnish a copy of each contempt order to the Department of State Police on a daily basis in the form and manner required by the Department. The Department shall maintain a complete record and index of the contempt orders and make this data available to all local law enforcement agencies.

(f) Attorney fees and costs shall be assessed against a party if the court finds that the enforcement action is vexatious and constitutes harassment.

(g) A person convicted of unlawful visitation or parenting time interference under Section 10-5.5 of the Criminal Code of 1961 shall not be subject to the provisions of this Section and the court may not enter a contempt order for visitation abuse against any person for the same conduct for which the person was convicted of unlawful visitation interference or subject that person to the sanctions provided for in this Section.

(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; 97-1047, eff. 8-21-12.)

 

To summarize, a custodial parent who interferes with the visitation of the non-custodial parent "willingly and without justification," can have her driver's license suspended, be fined, jailed for up to six months, forced to post bond, etc.  

One unique feature of the new law is that it requires McLean County to establish an "expedited procedure" for dealing with visitation interference.  It should stand to reason that the procedure will be as quick as the one for child support arrearages.  It's long been one of the most serious, though least noticed, problems non-custodial parents face – the time it takes to get a hearing.  It's certainly true when a downward modification of child support is sought, and it's true in the case of visitation interference as well.  Often as not, by the time the hearing rolls around, the matter has gotten out of hand; Dad may not have seen his kid in months.  So with an expedited procedure fathers in Bloomington can get into court quickly with the hope of swift, sure action being taken.

 

--
Jon D. McLaughlin
(309) 319-6206 

5 Ways Fathers Influence Their Daughters

I saw this and thought it would be some good reading material for fathers going though a divorce in Bloomington Illinois, or anywhere...

A father's relationship with his daughter can significantly impact her throughout her life. Here are 5 ways Dad can influence his girl and help her to become a confident, happy, successful woman.

We've all seen them—the sitcoms and movies, even television commercials that portray fathers as inept creatures bumbling through family life. In a culture where dads are often portrayed as the dunces of the family, researchers are only beginning to scratch the surface of just how important their role in the family truly is.

"Fathers bring something very different to the table—many things that mothers can't," says Dr. Meg Meeker, author of the bestselling book Strong Fathers, Strong Daughters. "The biggest mistake dads make is not understanding their significance."

Without question, fathers are a powerful influence on both sons and daughters—an influence that reaches well beyond the roles of provider and protector. And as new studies emerge, it's becoming clearer just how deeply the father-daughter relationship can affect a woman throughout her life in a variety of ways, including self-confidence, body image, education, career, and romantic relationships.

1. Self-Confidence

"Dads are very good at teaching girls to be more assertive," explains Meeker. "They give their daughters a sense of strength and a huge amount of self-confidence. From a daughter's perspective, Mom is usually the safe person who will love them no matter what. Dad's love is a little more negotiable, so when she does feel she's getting his attention, it gives her a great sense of confidence, which translates into feeling good about herself and feeling in control of her life."

But because fathers wield a tremendous amount of influence, they should be mindful of their well-meaning attempts to instill confidence in their daughters. "If you comment on her beauty, athletic prowess, or academic achievement, she'll focus on her 'external self' and worry about retaining your love through achievement and appearance," cautions Meeker. "Your daughter wants you to admire her deep, intrinsic qualities. Focus on her character and her worth. Compliment her on her ability to be a good listener or a caring friend, her courage, and her integrity."

2. Body Image

Research has proven that fathers who are involved in their daughters' lives can play a pivotal role in preventing eating disorders such as anorexia and bulimia. Daughters who feel a stronger emotional connection to their fathers are less likely to be depressed or have an eating disorder. In one such study, published in Perspectives in Psychiatric Care, all of the anorexia patients' fathers had become less accessible during their adolescence.

Studies also show that girls recovered from eating disorders more quickly if their fathers were involved in their recovery. In fact, Meeker says one of the primary treatments for girls with
eating disorders is spending time with their dads. "Spending enjoyable time together teaches father and daughter that beneath her illness—and the misbehavior it can cause—she is still a girl to be loved, and that's the first big step toward her recovery."

3. Education

A study by the U.S. Department of Education found that highly involved fathers had children who were 43 percent more likely than other children to earn mostly A's and 33 percent less likely than other children to repeat a grade.

Another government study concluded that girls with involved fathers are twice as likely to stay in school. And those with fathers who are actively involved in their lives have higher quantitative and verbal skills, as well as higher intellectual functioning.

4. Career

Fathers have also been proven to help daughters become more competent, more achievement-oriented, and more successful.

Lisa, a 40-year-old vice president of marketing and communications for an international financial institution, credits her father for much of her academic and professional success. "My dad was the one who always told me I could be whatever I wanted to be," she recalls. "He's the reason I earned a full-ride scholarship to college. And he's the one who encouraged me to go for my dream job in a highly competitive field—a job that I wouldn't have gotten otherwise."

A Mormon woman, Lisa hoped to be married and start a family years ago, but since the opportunity hasn't come, she finds herself pursuing her career and turning to her father for advice—something her mother, a stay-at-home mom, doesn't have experience with. In fact, as women both in and out of the LDS Church marry later—or sometimes not at all—or return to the workforce out of necessity, it creates a new opportunity for fathers and their adult daughters to bond.

In an article published by PsychologyToday in 2011, Dr. Peggy Drexler, author of Our Fathers, Ourselves, observed: "The conveyor that once reliably delivered daughters from the protection of a father to the protection of a husband is not reliable. . . . As a result, fathers who might have once defined their role as helping daughters prepare to be good wives now see it as preparing
them to make and manage money, compete for jobs, handle relationships, be tough."

She continued, "We are entering an awkward stage where a generation of stay-at-home mothers must find ways to relate to career-minded daughters, who by shared experience alone may gravitate to dad."

5. Romantic Relationships

"It's uncomfortable for most dads when their daughters start to become women," acknowledges Dr. Jonathan Swinton, a marriage and family therapist. "Dads become more hands off, with the
exception of the protector role, and it changes the nature of the relationship with their daughters—they're not as close emotionally."

But distancing themselves emotionally is a huge mistake, warns Meeker. "That's the time when daughters need their dads more than ever. Fathers need to talk to their girls about uncomfortable subjects like sex and dating because they can have a huge influence on their daughters' behavior."

A study published in 2010 in The American Journal of Family Therapy supports Meeker's assertion. It states: "Girls' interactions with their fathers during their formative years may be important predictors of their later intimate and sexual interactions with male peers. . . .
Adolescent daughters who perceive less communication with and attachment to fathers report more frequent sexual behavior. . . . Girls deprived of closeness are likely to seek substitute male affection through interactions with male peers. . . . More specifically, paternal responsiveness
may predict greater self-worth. . . . In turn, to the degree that daughters have strong self-worth, [they] may successfully refuse unwanted heterosexual activity."

Meeker recommends that fathers take their daughters on "mini dates," or daddy-daughter dates, as they are more commonly known among Latter-day Saints. "Take her to dinner and spend one-on-one time with her so she becomes comfortable being a woman in a social setting. You can
show her how she can expect to be treated."

Above all else, be the kind of man you want your daughter to marry. "Women gravitate to what is familiar," says Meeker. "How you treat your daughter and your wife is how she will expect to be treated by her spouse."

By Jamie Lawson 

--
Jon D. McLaughlin
(309) 319-6206 


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Man who had 30 kids with 11 women wants child-support break -- LA TIMES

By Rene Lynch

1:30 PM PDT, May 18, 2012

You have to say this much for Desmond Hatchett: He has a way with the ladies.

The 33-year-old Knoxville, Tenn., resident has reportedly set a Knox County record for his ability to reproduce. He has 30 children with 11 women. And nine of those children were born in the last three years, after Hatchett -- who is something of a local celebrity -- vowed "I'm done!" in a 2009 TV interview, saying he wouldn't father more children.

But Hatchett is back in the news this week because he's struggling to make ends meet on his minimum-wage job. His inability to make child-support payments on such a meager salary also means he's back in court again and again, most recently to ask for a break on those payments.

"Yes, we've got several cases with Mr. Hatchett," Melissa Gibson, an assistant supervisor with the Knox County child support clerk's office, said with a sigh.

Hatchett's attorney, Keith Pope, did not return phone calls seeking comment.

Under the law, there's nothing officials can do to force Hatchett to keep his pants on.

"If there's something out there like that, I'm unaware of it," Gibson told The Times, before adding, "It definitely needs to be."

Gibson said Hatchett is believed to hold the Knox County record for most children. (He'd hold a similar record in most counties in the U.S., which might explain why news of his predicament was pinging around the Internet on Friday.)

Gibson said she couldn't say whether any of his children receive public assistance. The youngest is a toddler; the oldest is 14. Asked in a TV interview whether he can "keep up with it all," Hatchett said he knows all their names, ages and birthdates.

Also in a TV interview, Hatchett tried to explain -- in a PG-rated way -- how he managed to end up with so many kids: "I had four kids in the same year. Twice."

When Hatchett is working, he is required to turn over 50% of his wages for child support -- the maximum allowed under law. Child support payments are based in part on the ages and needs of the children.

Some of the mothers of Hatchett's children get only $1.49 a month, reportedWREG in Memphis.

--
Jon D. McLaughlin

(309) 319-6206


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