In re Marriage of Moran, 2023 IL App (3d) 220298-U

1) Case citation and parties
- In re Marriage of Moran, 2023 IL App (3d) 220298‑U (Order filed Oct. 25, 2023) (Sup. Ct. R. 23 — non‑precedential).
- Petitioner‑Appellant: Timothy Moran. Respondent‑Appellee: Roxanne Moran.

2) Key legal issues
- Whether the trial court abused its discretion under the parties’ marital settlement agreement (MSA) and Section 513 of the IMDMA in allocating parental contributions to college expenses when the MSA conditioned contribution on the parents’ “financial ability to pay.”
- How courts should weigh income, assets (incl. retirement), debts, in‑kind contributions, medical issues, and relative resources in applying the “financial ability” standard.

3) Holding / outcome
- The appellate court affirmed. Trial court properly denied contribution from Roxanne for the two older children but ordered Roxanne to pay $300/month toward the youngest child’s educational expenses until she graduates or completes eight semesters.

4) Significant legal reasoning (concise)
- Standard of review: abuse of discretion. The trial court’s factual findings were not disturbed.
- The MSA conditioned college contributions on the parties’ financial ability. The trial court evaluated the statutory and contractual factors (Section 513) and both parties’ financial circumstances across income, liquid assets, retirement accounts, real property, debts, medical expenses, and historic contributions.
- Although Roxanne had retirement accounts, the court found she had substantial credit‑card and IRS debt, recent medical costs from breast cancer treatment, ongoing cash‑flow deficiency after support terminated, and limited present ability to pay. The court also credited Roxanne’s nonmonetary and modest monetary contributions (housing and periodic deposits/payments to children while on school breaks). Tim’s far greater income and net worth were noted, but the court concluded Roxanne’s demonstrated present resources and obligations justified a relatively small monthly contribution. The appellate court found no abuse of discretion.

5) Practice implications (for attorneys)
- Draft MSAs to define “financial ability” and specify metrics (income, liquidity, retirement access, caps, percentages, contribution triggers, and treatment of in‑kind support) to reduce later litigation.
- At enforcement/allocations hearings, litigate and document present cash flow, debt burdens (including tax liability), medical expenses, recent asset transactions (home sale/closing statements), retirement liquidity, and in‑kind contributions. Provide contemporaneous bank/closing/medical records and detailed financial affidavits.
- Expect courts to exercise broad discretion; both current ability to pay (cash flow/debt) and comparative resources matter. Demonstrable in‑kind support and documented financial hardship can materially reduce ordered contributions.