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The good reputation of the hearing officer program in domestic relations is growing with its reach in the branch courts. In the branch courts, hearing officers are completing—on average—four divorces a day and hearing over 30 cases (divorce, parentage, IV-D and non-IV-D, parenting time and support issues beyond order for child support) per week. The program is successfully reducing the number of continuances as well as shortening return dates for cases that must be continued.

We’d like to share a few success stories from the program with you and put some faces to the numbers.

First, as one hearing officer says, their jobs have become much more interesting and fulfilling: Our new role under the consolidation allows up to help families and the judges on a wide array of domestic relations issues and truly problem solve.  Our new role is very rewarding. The litigants often times come to the hearing room confused and upset. In the hearing room we make sure they are heard, understand the process, and conduct a hearing in a less adversarial setting. It is a good feeling to see parties leave with an agreement and to see the relief in their faces knowing that they were able to be able to sit with a neutral judicial officer to resolve their issues. Our process saves the litigants numerous court appearances [that would mean] additional time off work, which often is unpaid.

Since consolidation of the domestic relations court, hearing officers in Cook County have been assisting the courts with a variety of paternity, child support, and divorce cases. The hearing officers are empowered to take testimony and make findings of fact but most often reach agreement in cases through a less formal process than would happen before a judge. Hearing officers collect documentation, listen to the parties and draft orders resolving issues in family cases. The orders are entered by the court the same day.

Judges carefully triage their cases to send appropriate ones to the hearing officers. Judges are selecting cases for the hearing officer based not only on the unresolved issues, but also on the likelihood of agreement. While not as collaborative, directed nor involved as mediation, the hearing officer process is focused on reaching agreed orders with the understanding that the hearing officer can take testimony and make findings of fact, in the absence of agreement.

Judges sending cases to the hearing officers not only relieves pressure on the courts, but also allows litigants a swifter resolution, sparing their time as well. Chicago Appleseed is an advocate for the preservation and expansion of the hearing officer program, which permits families autonomy in their case outcomes, while ensuring compliance with the law, and which allows the courts to preserve its resources for more difficult and contentious cases.

We’re happy to share these success stories!

In one case, divorced parents were seeking modification of a child support order and reimbursement for expenses, including medical expenses, private schooling, college expenses, along with the dependent tax exemption. There were two children, one still a minor and the other in college. After the court referred the parents to the hearing officer, he calculated the guidelines for child support and a new Uniform Order of Support was entered by the court. Additionally, the Hearing Officer reviewed the dissolution judgment and unreimbursed expenses to calculate what was owed under the divorce judgment. The parties agreed to the hearing officer’s recommendation regarding the unreimbursed expenses and also agreed upon the dependency tax exemption and returned to the judge for an order. All issues were resolved in one day, sparing the court and the parents additional court time.

Judges will sometimes refer cases to the hearing officers in hopes of clarifying where disagreements lay.

In another case, parents with private counsel had nonetheless been unable to resolve their issues over a number of years. The parties had many boxes of discovery pertaining to unreimbursed medical expenses and extra-curricular activities; yet the case could not be brought to resolution. The judge referred the parties and a meeting with the Hearing Officer narrowed the issues. With a smaller set of problems to resolve, they were able to reach a tentative global settlement on all the issues that have been pending for years.

Hearing officers are uniquely positioned to help litigants make sense of how the law impacts their situation. Although they represent neither party and must not give legal advice, they do have the flexibility to answer questions about how the law works or what it means for their particular situation.

In another case, parents were referred to the hearing officer to look at parental contribution to upcoming college expenses. The Hearing Officer conducted a lengthy hearing with the parents who were confused about all the variables, documentation and options with regard to college expenses. The hearing officer reviewed grants, scholarships, and loans, along with tuition, room and board, books and fees, while gathering information about each parent’s income and the child’s income. Armed with more knowledge and in a non-adversarial setting, the parents reached an agreement on contribution towards the child’s college education and even towards the child’s outstanding education loans.

This is a small sample of what the hearing officers are doing to assist families and judges in the domestic relations courts. With the support of judges, and at the judge’s discretion, hearing officers are working with divorcing couples and with parents who do not live together to resolve issues fairly and without the need for multiple hearings and court dates.