In re Marriage of Sowatzke

What should you know about in re marriage of sowatzke?

Quick Answer: Case Summary: In re Marriage of Sowatzke - In *In re Marriage of Sowatzke*, the Illinois First District affirmed a maintenance increase and denied the payor credit for arrearage overpayments made before filing his petition, after he admitted to deliberately delaying his filing to avoid triggering his ex-wife's modification request and was caught altering pay stubs during discovery. A key legal point is the court's application of the *Tollison* exception, holding that credit for maintenance overpayments requires the delay to be involuntary and equitable—standards James failed to meet due to his calculated, bad-faith conduct.
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Frequently Asked Questions

How do appellate decisions affect my divorce case?

Illinois appellate decisions interpret statutes and establish binding precedent for trial courts. A relevant appellate ruling can significantly impact your case strategy, available arguments, and likely outcomes. Your attorney should research recent decisions affecting your specific issues.

Can I appeal my divorce judgment in Illinois?

Yes, but appeals are limited to legal errors, not disagreement with factual findings. You must file a notice of appeal within 30 days of the final judgment. Appellate courts review whether the trial court applied the law correctly and whether findings are against the manifest weight of evidence.

What does 'unpublished' mean for Illinois appellate decisions?

Unpublished decisions (marked '-U') may not be cited as precedent under Illinois Supreme Court Rule 23. While they show how courts analyze issues, they don't establish binding legal rules. Published decisions create precedent that lower courts must follow.

Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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