In re Marriage of Hess, 2022 IL App (5th) 170112-U

1. Case citation and parties
- In re Marriage of Hess, No. 5-17-0112, 2022 IL App (5th) 170112-U (Ill. App. Ct. 5th Dist. Aug. 9, 2022) (Rule 23 order).
- Petitioner-Appellant: Matthew Hess. Respondent-Appellee: Amber Parker.

2. Key legal issues
- Whether the trial court erred in denying Petitioner’s motion to reconsider child support modifications (including an asserted retroactive increase to $1,264.37 as of 8/12/15).
- Whether appellate review is permissible given the appellant’s pro se brief and an incomplete record (transcripts/financial evidence).
- Proper exercise of trial court discretion as to retroactive child support and modification under the Illinois Marriage and Dissolution of Marriage Act.

3. Holding/outcome
- Affirmed. The appellate court affirmed the circuit court’s order because the appellant’s brief failed to comply with Illinois Supreme Court Rule 341 and the appellant did not present a sufficiently complete record to support his claim of error. The court therefore did not reach the substantive merits.

4. Significant legal reasoning
- Procedural default: The opinion emphasizes compliance with Rule 341 (briefing requirements). Petitioner’s brief was deficient and did not preserve issues for appellate review.
- Record deficiencies: Critical transcripts (notably the June 23, 2016 hearing) and other record materials were missing or incomplete, precluding meaningful review of trial-court factfinding and discretionary rulings. The court reiterated that an appellant bears the burden of providing a complete record; absent that, the trial court’s rulings are presumed correct.
- Discretion on retroactivity: The trial court’s docket entries show it exercised discretion—refusing to award retroactive support back to 2007 as unjust, finding the temporary 2007 order was not intended to operate for seven years, and ultimately setting different support amounts effective at different dates. The appellate court accepted that such discretionary determinations require an adequate record for review.

5. Practice implications (for family-law practitioners)
- Strictly comply with Rule 341 when appealing: follow format, content, and appendix requirements. Pro se litigants are especially vulnerable to dismissal for briefing defects.
- Assemble a complete appellate record: order and include transcripts of all relevant hearings, pleadings, financial affidavits, and orders. If a transcript is unavailable, pursue a Rule 323 statement or agreed statement of facts before appeal.
- Preserve objections and evidentiary issues at trial (e.g., late-filed affidavits) in writing and on the record to aid review.
- When seeking or opposing retroactive support, develop and document the factual basis for equitable retroactivity (length of interim order, income evidence, notice, unfairness).
- Expect appellate courts to decline addressing merits when procedural or record shortcomings exist; procedural housekeeping is often dispositive.