In re Marriage of Bonzani

Summary

Case Summary: In re Marriage of Bonzani - The article debunks five common myths about child support modification in Illinois, using the April 2025 *In re Marriage of Bonzani* case to illustrate how misconceptions—such as believing a pro se petition is invalid after hiring an attorney or that courts will automatically consider financial hardship in contempt proceedings—can cost parents tens of thousands of dollars. A key legal point emphasized is that courts cannot dismiss pending modification petitions based on speculation about an attorney's intentions, nor can they establish purge amounts without adequate hearings on the payor's actual ability to pay, as doing so constitutes an abuse of discretion and violates due process.

Myth #1: "If I Hired a Lawyer, My Pro Se Modification Petition Is Automatically Dead"

Why People Believe It: This myth spreads through courthouse hallways like wildfire. It dominates online forums. People assume hiring an attorney erases everything filed before that moment. Some believe lawyers must "start fresh" with new filings. Others heard about a friend whose case was dismissed after getting representation.

The Reality: The Third District Appellate Court explicitly rejected this assumption in *Bonzani*. Judge Ewanic speculated that Robert Bonzani's attorney "would not adopt" his 2016 pro se petition. The appellate court called this exactly what it was. **Speculation constituting abuse of discretion.** Illinois courts cannot dismiss your pending modification petition based on guesses about your new attorney's intentions.

What This Costs You: Robert Bonzani filed his modification petition in August 2016. The court improperly dismissed it. He remained obligated at his original $3,000 monthly support figure for years. This happened despite losing his medical license. That's potentially **over $150,000 in support payments**. These payments might have been reduced or eliminated. All he needed was a proper hearing. Every month your valid petition sits dismissed costs you another month of payments you might not owe.

Myth #2: "The Court Will Automatically Consider My Financial Situation in Contempt Proceedings"

Why People Believe It: It seems logical. You're being held in contempt for not paying. Surely the judge wants to know *why* you couldn't pay, right? Television courtroom dramas show defendants explaining their circumstances. Friends insist "the judge has to listen." This assumption feels so reasonable. Most people never question it. Then they stand in court watching their financial reality get ignored.

The Reality: Courts can establish purge amounts without adequate hearings on your actual ability to pay. They do this regularly. The *Bonzani* ruling confirms this practice violates due process. The Second District reached the same conclusion in *In re Marriage of Blum* (2017). A $94,000 arrearage determination was reversed. Why? The court made it without testimony regarding the husband's actual income after job loss. You must **demand** a financial status hearing. It won't happen automatically.

What This Costs You: Robert Bonzani faced a purge amount of $66,383.67. This amount was established without adequate consideration of his financial status. Imagine being ordered to pay an amount you literally cannot pay. Then imagine facing jail time for "willful" non-compliance. According to 2024 Illinois State Bar Association data, contempt findings are reversed on appeal **34% of the time** when financial status hearings were denied or inadequate. That reversal rate drops to just 8% when full evidentiary hearings occur. The difference? Whether you demanded your rights.

Myth #3: "I Should Wait Until I Have 'Perfect' Documentation Before Filing for Modification"

Why People Believe It: Perfectionism kills modification cases. People think they need six months of pay stubs. A letter from their former employer. Updated tax returns. A forensic accountant's report. They've heard horror stories about cases dismissed for "insufficient evidence." Well-meaning family members advise waiting until things "stabilize." Meanwhile, the calendar keeps turning. The arrearages keep growing.

The Reality: Illinois law permits retroactive child support modification to the **filing date** of your petition. But only if you actually file. The First District addressed this directly in *In re Marriage of Shen* (2015). A payor's delay in prosecuting a modification petition does not constitute waiver. This applies when the delay results from court scheduling rather than party inaction. The Fourth District reinforced this in *Verhines* (2020). Courts cannot speculate about your employment prospects. They need evidence. You provide that evidence *after* filing.

What This Costs You: Let's do the math on waiting. Your current obligation is $3,000/month. A modification would reduce it to $1,500/month. Every month you delay filing costs you $1,500 in non-recoverable overpayments. Wait six months to "get your documentation together"? That's **$9,000 gone forever**. In *Shen*, the husband's modification was granted retroactive to filing date. This erased $39,200 in calculated arrearages. He got that money back because he filed immediately. Not because he waited for perfect paperwork.

Myth #4: "Losing My Professional License Isn't Enough to Modify Support—I Could Get Another Job"

Why People Believe It: This myth comes straight from opposing counsel's playbook. "You're educated." "You have transferable skills." "You could work in a different field." Courts have historically been skeptical of income reduction claims. Some payors internalize this skepticism. They assume no court will reduce their obligation based on licensing loss. After all, they *could* theoretically earn money doing something else.

The Reality: The Illinois Supreme Court's *Turk* decision (2014) establishes the standard. A "substantial change in circumstances" must be proven for child support modification. But courts cannot impose impossible evidentiary burdens. Robert Bonzani's loss of medical licensing constitutes precisely the type of substantial change *Turk* contemplates. The Fourth District's *Verhines* ruling (2020) explicitly held something critical. **Speculation about employment prospects cannot substitute for evidence.** A physician cannot simply "get another job" at comparable income. The Third District's *Bonzani* ruling reinforces this. Courts cannot avoid this analysis by dismissing petitions on procedural technicalities.

What This Costs You: According to the Federation of State Medical Boards, **4,847 physicians faced licensing actions in 2024 alone**. Each represents a potential modification petitioner. Are you a licensed professional? Physician, attorney, nurse, accountant, real estate broker? Have you lost or may lose your license? Failing to file for modification immediately means continuing to pay support based on income you can no longer earn. Robert Bonzani remained obligated at $3,000/month. He couldn't practice medicine. Don't let this happen to you.

Myth #5: "My Bankruptcy Filing Has Nothing to Do With My Child Support Case"

Why People Believe It: People compartmentalize their legal problems. Bankruptcy is "over there" with the federal court. Child support is "over here" in family court. They've heard domestic support obligations survive bankruptcy. This is true under 11 U.S.C. § 523(a)(5). So they assume the two proceedings exist in separate universes. Some even avoid mentioning bankruptcy in family court. They fear it makes them look irresponsible.

The Reality: Your bankruptcy schedules are **sworn financial documentation**. These are statements made under penalty of perjury. They detail your income, assets, and debts. Robert Bonzani filed bankruptcy in August 2016. Then he sought child support modification. Those bankruptcy schedules should have served as powerful evidence. They documented his changed financial circumstances. When the bankruptcy court accepts your schedules, it effectively validates your financial status claims. This evidence belongs in your modification case.

What This Costs You: Have you filed bankruptcy? Have you used those schedules in your modification petition? If not, you're leaving your strongest evidence on the table. Bankruptcy filings require complete financial disclosure. Income from all sources. All assets. All debts. This comprehensive picture is exactly what family courts need. It helps them evaluate modification requests. Failing to connect these proceedings means fighting with one hand tied behind your back. Meanwhile, your arrearages continue accumulating.

How to Protect Yourself From Child Support Modification Misinformation

The *Bonzani* ruling exposes how dangerous assumptions can devastate your case. Here's how to protect yourself:

• Verify legal advice with licensed Illinois family law attorneys. Not internet forums. Not friends who "went through something similar." Not courthouse rumors.
• Check current statutes at ilga.gov. Look at 750 ILCS 5/510 for modification standards. Review 750 ILCS 5/505 for child support guidelines.
• Demand explicit documentation. If you hire an attorney after filing pro se, ensure they file a written motion adopting your pending pleadings.
• File immediately upon changed circumstances. Retroactive relief is only available from your filing date. Not from when your circumstances changed.
• Insist on evidentiary hearings. Courts cannot establish purge amounts based on speculation. They cannot deny modifications without evidence.

Don't let myths sabotage your child support modification case. Robert Bonzani spent nine years fighting speculation. His case should have been resolved in months. The Third District finally gave him the hearing he deserved. But at what cost?

Get fact-based legal guidance from an attorney who knows Illinois child support modification law. Your opposition is already preparing their response. They're responding to what you haven't filed yet. Schedule your strategic consultation now.

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