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Yakich v. Aulds
Citation: 2019 IL 123667Docket: 123667
Court: Illinois Supreme Court; October 24, 2019; Illinois; State Supreme Court
Original Court Document: View Document
The Supreme Court of Illinois, in case 2019 IL 123667, addressed a direct appeal regarding the constitutionality of section 513 of the Illinois Marriage and Dissolution of Marriage Act, which was deemed unconstitutional by the circuit court on equal protection grounds. The court found that section 513 treated unmarried parents differently from married parents regarding contributions to college expenses, thus violating the Fourteenth Amendment's equal protection clause. The circuit court's ruling overruled established precedent set in Kujawinski v. Kujawinski, which had previously upheld section 513. In 2015, Rosemary Aulds filed a petition in Du Page County for Charles D. Yakich to contribute to their daughter's college costs. Although Charles admitted he could pay, he objected due to his lack of involvement in the college selection process. The trial court, upon hearing testimonies, noted potential equal protection issues within section 513, ultimately ordering both parents to cover 40% of the college expenses, with the daughter responsible for the remaining 20%. Charles later challenged the constitutionality of section 513, asserting that changing family dynamics warranted a reevaluation of the law. Despite Rosemary's objections based on res judicata and procedural grounds, the court denied Charles's request to modify his payment obligations. Charles further amended his challenge, claiming the denial infringed upon his parental rights to influence his daughter's college decisions, arguing that section 513 unfairly restricted unmarried parents in their financial influence. The Supreme Court vacated the circuit court's judgment, dismissed the appeal, and remanded the case for further proceedings. The trial court ruled section 513 of the Illinois Marriage and Dissolution of Marriage Act unconstitutional as applied, stating it denied unmarried parents equal input in college expenses compared to married parents. Although the court acknowledged previous rulings, specifically Kujawinski, which upheld section 513, it chose to follow the reasoning in a recent Pennsylvania case, Curtis v. Kline, which deemed similar statutory provisions unconstitutional. The trial court argued that societal changes since 1978 rendered Kujawinski's rationale untenable. However, the reviewing court emphasized the principle of stare decisis, asserting that lower courts must adhere to established precedents unless overruled by the court itself. Consequently, the reviewing court vacated the trial court's ruling and dismissed the appeal, remanding the case for further proceedings without addressing the merits of the parties' arguments.