Buffalo Grove Law Offices

BE CAREFUL WHAT YOU POST ON YOUR FACEBOOK PAGE

Husband posted comments on his Facebook page.  He stated that he had intentionally and secretly recorded a court hearing.  The ...

UNPAID CHILD SUPPORT IS AN AUTOMATIC LIEN

Ex-Husband owed back child support.  Ex-Wife put a lien on a piece of Ex-Husband’s property.  The property was held in ...

INTENT TO ADOPT IS NOT THE SAME AS ADOPTION

A same-sex partner, Jenny, filed a petition for visitation. The child was the child of her former partner. The parties ...

REPAYMENT OF LOANS IS NOT ALWAYS DEDUCTIBLE FOR CHILD SUPPORT CALCULATIONS

Husband had an annual net income of $826,478.  The trial court set child support at $19,284 per month based on ...

THINK ABOUT YOUR ARGUMENT BEFORE YOU MAKE IT

Dissolution judgment was final and enforceable at the time husband died.  Wife wanted to get her share of the pension ...

WHAT DOES IT TAKE TO GET A CHILD SUPPORT DEVIATION DOWNWARD?

Father filed a Petition to Modify Child Support.  He earned $826,284 annual net income. The court ordered him to pay ...

BE CAREFUL TO PUT IN WRITING WHAT YOU REALLY MEAN

Wife was granted maintenance in the divorce decree.  She was to get $6200 per month for 60 months. At that ...

WHERE’S HOME?

Wife filed suit for legal separation and maintenance from her husband. He answered and counterclaimed for divorce. The trial court ...

THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

The mother of the minor child filed a petition to change the minor’s legal last name.  From that of the ...

WHEN ARE CHILDREN OLD ENOUGH TO TESTIFY IN COURT?

Circuit Court granted wife a plenary order of protection against her estranged husband as to their 3 minor children.  The ...

IRA WITHDRAWALS ARE INCOME FOR CHILD SUPPORT CALCULATION

Husband filed a Motion to Modify and Reduce his Child Support obligation. He reported a substantial change in circumstances. He ...

PARENTS MUST SUPPORT THEIR CHILDREN

Parties are divorced. The wife was awarded custody of the three children. Husband paid child support. Later, the Husband was ...

CALCULATING CHILD SUPPORT WHEN THE PAYOR LOSES HIS JOB

Wife files for divorce. Husband (payor) had lost his job. He said that he was trying to start his own ...

JOINT DECISION MAKING ABOUT THE CHILDREN REQUIRES A HIGH LEVEL OF COOPERATION

The parties had one child. In the divorce, the child was to live with Mother, Father had visitation. They shared ...

IT IS NOT SO EASY TO GET A PARENT REMOVED FROM THE HOME

Both parties filed a Petition for Exclusive Possession of the Home. She wanted Father to move out. This was while ...

OH NO! YOU CAN’T SELL TO HIM!

The parties in a divorce owned an LLC, which operated a quarry. It was marital property and had to be ...

WHAT IF DNA PROVES THAT I AM NOT THE FATHER?

A case had been brought by DCFS against the mother and the man (‘PF’ for Presumed Father) who called himself ...

OVERPROTECTIVE PARENT LOSES CUSTODY BATTLE

In this divorce case, both parents wanted to be the custodial parent of their son. The court heard from many ...

CAN COURTS BASE MAINTENANCE ON A PERCENTAGE OF THE PAYOR’S INCOME?

Parties are divorcing. The trial court ordered the Husband to pay the Wife temporary maintenance. $3,700 per month plus 20% ...

RIDING A SINKING SHIP INTO THE DEEP SEA

In divorce court Wife originally got a large amount of maintenance. This was to last until my husband retired. He ...

WHAT CAN HAPPEN IF YOU DON’T PLAY NICE

There is a reason for Illinois Supreme Court Rule 219(c). It allows a trial court to impose a sanction on ...

MOM TOOK OFF WITH THE KIDS, NOW WHAT?

The parties had twins. The daughter had special needs. Mom was a stay-at-home mom. They were divorced a few years ...

DON’T TOUCH MY BONUS!

My wife and Husband are getting divorced. The husband may receive a bonus after the divorce is over. The wife ...

WHERE SHOULD WE GET DIVORCED?

Parties were married in India.  They moved to Illinois. Husband filed a petition for divorce in India. His wife filed ...

THE CHILDREN ARE NOT IN CHARGE OF WHEN VISITATION TAKES PLACE

Father filed a petition for a rule to show cause. He said that Mother had repeatedly and willfully violated the ...

CAN’T GET TWO BITES OF THE APPLE

Susan gave birth to a daughter, Hannah, during marriage with James. Two years later, the couple’s marriage was dissolved. They ...

CHILDREN CAN’T BE PARTIES TO THEIR PARENT’S DIVORCE

The parties were in the process of getting divorced. Their two adult sons filed a petition so they could personally ...

PARENT RESPONSIBLE FOR SON’S LEGAL FEES

A lawyer represented Jason in his divorce matter. Jason and his parents had agreed to pay the bill. Jason and ...

YOU CAN’T JUST CRY POOR, YOU HAVE TO PROVE IT

Parties divorced. Husband ordered to pay child support. He stopped paying support. The wife filed a petition to hold him ...

JOINT CUSTODY MEANS MAKING DECISIONS TOGETHER, NOT BY YOURSELF

Parents shared joint custody of their two daughters. Father had specific visitation time with the girls. Mother moved 324 miles ...

PAY ATTENTION THE FIRST TIME AROUND

The trial court said that dad owed $21,189.12 in back child support to mom.  The Dept. of Healthcare and Family ...

MAINTENANCE DEDUCTION IS ELIMINATED IN 2019 BY THE NEW TAX LAW

How will the new tax law affect families, businesses, and individuals? Changes have been made to the child tax credit, ...

WHO GETS THE TAX DEDUCTIONS FOR THE KIDS?

The parties to a divorce had two children. The parties had an agreed order. The order gave the tax exemptions ...

BE CAREFUL IF YOU ARE REPRESENTING YOURSELF

Husband filed five complaints in a row against wife. The court kept dismissing what he filed. He was given a ...

RETIREMENT BENEFITS ARE DIFFERENT FROM DISABILITY BENEFITS

The parties’ divorce agreement defined how the husband’s fireman’s pension was to be divided. They would equally split the marital ...

BE WARNED IF YOU STOP YOUR SPOUSE’S HEALTH INSURANCE COVERAGE

Husband filed for divorce. He earned about half of what his wife earned. The children would live with the wife ...

THE COURT IS NOT GOING TO DO YOUR WORK FOR YOU

Parties prepared for their divorce trial. The parties had plenty of time during pretrial discovery and during the trial. They ...

THERE IS NO SUCH THING AS AN AUTOMATIC REDUCTION IN CHILD SUPPORT

The divorcing parties had four children. Support was to be reduced ¼ as each child was emancipated. Later, an order ...

THE PLAN WAS GOOD, SO THE JUDGE SAID TO KEEP FOLLOWING IT

The divorce court judge ordered that each parent would share residential responsibilities in caring for their child, Robert, at the ...

BEING A STAY AT HOME MOM IS ONLY ONE CONSIDERATION

Mom and Dad had a child, Ava. About a year later, mom later filed a Petition for Paternity and a ...

CHILDREN’S STATEMENTS and HEARSAY

Did the father abuse the minor? Different people said that the child had told them about the abuse.  The trial ...

DON’T START PACKING YET

The mother petitioned the court to move with the minor child to Ohio. She had been offered a career position ...

PROVING WHO THE MINOR CHILD RESIDED WITH

Grandmother and her husband (the Youngs) filed a petition for custody of grandmother’s grandchild (J.H.). In their petition, the Youngs ...

USING THE WRONG FORMULA TO CALCULATE BACK CHILD SUPPORT

The mother filed a Petition for Modification of Child support. She believed that her father was making substantially more than ...

WHAT IF THE MINOR CHILD IS AFRAID TO TESTIFY AGAINST A PARENT?

Stepfather Is accused of sexual abuse against his five-year-old stepdaughter. She is too afraid to go to court. She is ...

WHEN DOES A LOAN BECOME A GIFT OR INCOME?

Husband earned a bonus in addition to his salary. The parties divorced. The child support was to pay 20% of ...

GRANDMOTHER AND SURVIVING NATURAL PARENT BATTLE FOR CUSTODY OF CHILD

Mother died. Mother and her child had lived with maternal grandmother. The child was one year old. Mother died in ...

SOMETIMES IT IS A MAINTENANCE OR A PROPERTY AWARD, BUT NOT BOTH

The trial court awarded the wife $12,500 per month in maintenance. In addition to $1.64 million in marital property. This ...

WHEN YOU HAVE TO EXPLAIN EXACTLY WHAT YOU DID WITH THE MONEY

Parties are in divorce proceedings. Final orders are not entered yet. The wife is ordered to make mortgage payments on ...

RETIREMENT ACCOUNTS ARE EXEMPT FROM PAYING ATTORNEY FEES

The divorce court entered an order. 1) Wife’s maintenance was to terminate on her 66th birthday. This was when she ...

WHAT HAPPENS WHEN THE UNBORN CHILD MOVES TO ANOTHER STATE WITH MOM

Child is not born yet. Man files a petition under the Parentage Act. He wants to establish paternity. He wants ...

SOCIAL SECURITY BENEFITS ARE NOT DIVIDED IN DIVORCE COURT

Parties are divorcing. Wife works in the private sector and has Social Security withheld from her pay. Husband is an ...

WHAT IF YOU FIND OUT LATER HE HAS BEEN MARRIED THREE TIMES ALREADY!

A court shall declare a marriage invalid (annulled). If the other party was induced to enter into the marriage. “By ...

CAN THE COURT SET UP A TRUST, INSTEAD OF YOU PAYING AS YOU GO?

The Marital Settlement Agreement required the husband to deposit $90,000 in a 24-month trust. His wife was to withdraw his ...

CAN YOU SUE YOUR SPOUSE FOR A TORT, LIKE AN AUTO ACCIDENT?

The wife filed a complaint in Illinois against the husband for negligence. It was the result of an automobile accident ...

WHEN ARE DISABILITY BENEFITS EQUAL TO RETIREMENT BENEFITS?

The parties were divorced. Afterward, the husband was injured at his job. He began receiving disability benefits. He was eligible ...

PROVING STALKING THROUGH SOCIAL MEDIA EVIDENCE

Petitioner filed a petition seeking a stalking no-contact order against Defendant. Attached to the petition was an addendum and several ...

WHEN IS A CONSENT NOT A CONTRACT?

SHE was diagnosed with lymphoma. Her treatment presented the risk of infertility. SHE and HE froze HER embryos. SHE and ...

ENFORCING AN ORDER VERSUS CHANGING AN ORDER

Husband and Wife divorced in Michigan. Wife received 25% of Husband’s military pension. Wife moved to Illinois. She petitioned to ...

INTIMATE DATING RELATIONSHIPS AND MAINTENANCE

The court awarded maintenance to the Wife. The husband claimed that the Wife had been cohabiting with her boyfriend. Now ...

REMOVAL CASES ARE NEVER SLAM DUNKS

Mother filed a Petition for Removal with the children to live in New Jersey. Her annual salary would increase to ...

DIVORCE PROCEEDINGS CREATE GREAT DIFFICULTY FOR CHILDREN

The parties were going through a very contentious divorce. Father was a basketball player. There was a large financial estate ...

COURT DECISION SPLIT ABOUT MOTHER REMOVING CHILD

Mother and Father divorce. Mother is granted sole custody of their minor daughter. Father is awarded parenting time. Two evenings ...

WHAT DOES IT MEAN TO RESERVE CONTRIBUTION TO EXPENSES?

The issue was college education. The parties had four children. The parties’ judgment for dissolution of marriage did not order ...

OK TO BE PRO SE IF YOU FOLLOW THE RULES

It was during the divorce proceedings. Issues relating to abuse and visitation arose. An order of protection was entered against ...

NEW CHILD SUPPORT LAW TOOK EFFECT AFTER PARTIES’ DIVORCE

The Trial Court entered a final parenting plan and judgment. The parties were now divorced. Father filed a Motion to ...

WHAT DO YOU MEAN I’M COHABITING?

The parties divorce decree provided for husband to pay maintenance to wife. It was to stop if she cohabited with ...

EQUITABLE ESTOPPEL = IT IS JUST NOT FAIR

Father was ordered to pay $788 per month in child support after the divorce in 2004. Father fell behind in ...

INTEREST REQUIRED ON BACK CHILD SUPPORT

The parties entered into two agreed orders. They modified husband’s child support obligation. The orders did not address the issues ...

THE EFILING SYSTEM IS MANDATORY. MAKE SURE YOU KNOW HOW TO USE IT.

Lawyers and pro se litigants are both required to use electronic filing. The issue of filing deadlines is an important ...

BREACH OF PROMISE TO MARRY

The Woman filed her complaint for breach of promise to marry pursuant to the Promise Act. In her complaint she ...

WHEN DOES AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE HAPPEN?

Trial court e-ntered a Judgement of Divorce. Wife appealed various issues. One of them was dissipation. The Trial Court found ...

TRIAL COURT HEARING WAS INADEQUATE

Father and Mother had lived in Canada with their child. Mother is a US citizen. She removed the child to ...

PROMPT RETURN OF CHILD WRONGFULLY TAKEN BY ONE PARENT

The child had been born in Poland. She traveled with her mother to the United States on several occasions with ...

IT ALL DEPENDS ON THE FACTS and ACTING IN GOOD FAITH

Husband was a farmer.  He earned less than $15,000 per year.   Wife argued in divorce court that Husband should pay ...

SLEEP IN THE BED YOU MADE

The trial court found Poland to be the minor child’s habitual residence. It ordered the child returned. The mother spent ...

APPEAL IS DISMISSED BECAUSE DOCUMENT IS NOT NOTARIZED

The appellate court dismissed the husband’s appeal. He challenged the entry of a post-judgment order. The order removed his name ...

THE NEW MAINTENANCE GUIDELINES APPLY TO OLDER CASES

The new maintenance statute came into effect in Illinois January 1, 2016. The parties divorced a number of years earlier. ...

CHILD SUPPORT LAW PRESUMES THAT THE COST OF LIVING INCREASES

Mother took Father back to court for an increase in child support. There had been an increase in income for ...

CAN YOUR PARENT BE SUED FOR YOUR LEGAL FEES?

An attorney entered into a written agreement with Jason. Attorney agreed to represent Jason in a divorce. Jason agreed to ...

$100 PER DAY PENALTIES FOR UNPAID CHILD SUPPORT

Parties divorce. Husband’s employer is ordered to deduct and pay the child support from Husband’s paychecks. Employer missed two payments. ...

NONBIOLOGICAL LESBIAN PARENT DOES HAVE PARENT-CHILD RELATIONSHIP

A same-sex married couple is divorced. One of the couple, Dee, gave birth to a baby girl. She was conceived ...

DO THE NEW MAINTENANCE GUIDELINES APPLY TO MY CASE?

The new guidelines for calculating maintenance do not apply to proceedings to modify maintenance that were ordered before the 2015 ...

SHOULD THE COURT LET A PARENT MOVE AWAY WITH THE CHILD?

Mother filed a Motion to relocate parties’ minor daughter, age 7, to North Carolina. Mother had begun working at a ...

BE CAREFUL WHEN YOU ARE BEING TOO CAREFUL

Wife filed a motion to enforce or clarify the marital settlement agreement (MSA). The MSA was part of their judgment ...

THE PAST CAN CATCH UP WITH YOU

The man was convicted of aggravated domestic battery. He was also convicted of other offenses. Fifteen years prior to the ...

DAD, YOU CAN’T MOVE AND TAKE THE KIDS

Parents get divorced. Then, Father filed a petition for leave to relocate with the parties’ 2 minor children. He wanted ...

BE CAREFUL IF YOU COMBINE MARITAL AND NONMARITAL ACCOUNTS

Husband opened a Scottrade account in his own name during the marriage.  He also opened a  Chase checking account in ...

TO MODIFY CHILD SUPPORT, BE READY TO TRAVEL

Illinois entered child support orders.  Mother would contribute certain percentages to her child’s health insurance, uninsured medical expenses, and travel ...

CAVEAT EMPLOYER-EMPLOYER BEWARE

Husband was ordered to pay child support. His employer, the McHenry County conservation district, was ordered to withhold the money ...

ARBITRATION INSTEAD OF GOING BACK TO COURT

The divorce decree provided for arbitration. The parties had joint custody and a parenting schedule. The decree stated that, “The ...

FAMILY LAW CASES CAN NOW SPECIFICALLY CONSIDER THE WELL BEING OF PETS

The parties to a divorce can now include a written agreement about ownership and responsibility for any domestic animals that ...

YOUNG’UNS HAVE A YOUNG’UN

The Paternity Trial Court made a finding that Evan was the father of the child. Evan’s name was listed on ...

HELP WITH ESTIMATING CHILD SUPPORT

The Illinois Department of Healthcare and Family Services (HFS) website has been updated.  It now includes a child support estimator.  ...

TOO LATE TO SAY YOU ARE NOT THE BIOLOGICAL FATHER

Divorce case was in court. Husband filed a motion for finding of no paternity. He asserted that one of the ...

YOU CAN’T GET COMPENSATED FOR LOST WAGES IF YOU REPRESENT YOURSELF

The divorce was done. Afterwards, the parties filed contempt petitions against each other. The Trial Court had a hearing on ...

WHAT IS AT STAKE TO GET THE OTHER SIDE TO PAY YOUR ATTORNEY FEES?

Husband appealed the court’s allocation of property and debt. A divorce decree was entered. It was husband’s job in court ...

READ BEFORE YOU SIGN

Husband and Wife in divorce proceedings had a marital estate worth $21 million. They disputed whether the assets held in ...

WHEN CAN SOCIAL SECURITY BENEFITS BE CONSIDERED?

A public school teacher filed for dissolution of marriage. Her husband was a disabled pharmacist. They had been married for ...

DON’T SPEND IT ALL JUST YET

Parties had divorced. They were back in court. Wife was to pay child support. She had a personal injury case ...

MAKE SURE THE HORSE IS BEFORE THE CART

Divorce judge made a ruling regarding the real estate on which Husband’s nonmarital business was located. The Court said that ...

WHEN THE COURT JUST DOESN’T BELIEVE YOU

Father filed a Motion to Modify the Visitation Notice Provision. It was included in the parties’ agreement for divorce.  The ...

READ ONE LAST TIME BEFORE YOU SIGN

The parties divorce. The judgment provides that their Agreement (MSA) settled ‘all questions of property rights. All claims against each ...

PARENT GETS SECOND CHANCE TO PROVE HE IS A FIT FATHER

The trial court found that father was unfit. It terminated his parental rights. Father appealed. The Appellate Court reversed the ...

A CUSTODY DETERMINATION WITH MOTHER BEING AN ESCORT

Wife petitioned for temporary custody of the three children and temporary possession of the home. The trial court granted husband ...

DON’T FORGET WHAT YOU ALREADY SAID UNDER OATH

The Trial Court entered orders finding the minor child’s father to be an unfit parent. His parental rights were terminated. ...

COURT UNABLE TO MAKE A PRECISE DETERMINATION WAS ABLE TO MAKE A DECISION

Wife filed a Petition for Husband to contribute to her attorney fees and costs in divorce court. The court held ...

GRANDPARENT VISITATION and THE BALANCING ACT WITH CHILD’S MOTHER

Alice is a single mother raising a minor child, E.H.. Cory is the father of E.H. Alice and Cory were ...

COURT PUTS GREAT EMPHASIS ON CHILD’S EXTENDED FAMILY BEING CLOSE BY

Mother petitioned court for removal. She wanted to move with the minor child to New Jersey from Illinois. Court said ‘no’. ...

TIMING FOR GRANDPARENTS TO GO TO COURT

The grandparents had physical possession of their grandson for about two years. Then, the child’s mother took the child to ...

TRIAL COURT IMPROPERLY REDUCES MAINTENANCE

The parties returned to court 61 months after the divorce. Wife had received maintenance for five years. The court needed ...

YOU MAY NEED A TRANSCRIPT TO PROVE WHAT HAPPENED IN COURT

Mother filed a petition to restrict the visitation of the father. She alleged disrupting conduct by the father in the ...

HOW LONG DOES A PROMISE LAST?

The parties were married in Quebec, Canada. Their daughter, Azra, was born two years later. The couple purchased a home ...

WHAT HAPPENS WHEN A CHILD IS TOO YOUNG AND AFRAID TO TESTIFY IN COURT?

Mother filed a petition for order of protection on behalf of herself and her three minor children. She alleged that ...

IS IT HEARSAY OR AN EXCITED UTTERANCE?

The charges against the father arose from an argument between the father and the mother outside their home. A deputy ...

YOU DON’T NEED TO WAIT FOR SOMETHING BAD TO HAPPEN

Mother was awarded custody of the child in the divorce judgment. Three years later, father filed a motion to modify ...

BEST TO COMPLY WITH A DCFS SERVICE PLAN

The parties divorced. Mother had been granted custody of the child. Mother and the child had an Order of Protection ...

REMEMBER THAT CONTRACT THAT YOU SIGNED………..?

The parties lived in Illinois. They moved to Canada. The parties and their children traveled from Ontario to Lake Forest, ...

TAKE ACTION AS SOON AS YOU CAN

Wife filed for divorce. It is now two years later. The case is set for trial. Husband filed a counterpetition ...

RETIREMENT PAYOUT IS INCOME FOR CHILD SUPPORT PURPOSES

Parties divorced and divided husband’s pension between them. The parties had three children. Husband was ordered to pay child support ...

NO INCREASE IN WEALTH FROM SALE OF STOCK

Husband had stock gifted to him. By his father during the marriage. Husband sold the stock after the marriage. He ...

THAT IS ONLY WHAT YOU THOUGHT IT MEANT

Husband was ordered to pay child support when the parties divorced. He was not working at the time. The child ...

DON’T BUY A ONE-WAY TICKET

The parties are French citizens.  Husband had filed a divorce case in France. But, he dismissed that. He then filed ...

YOU CAN’T ALWAYS GET WHAT YOU WANT

In the divorce trial, Wife made a number of claims against Husband. The Court ruled against her every time. She ...

PARENTS HAVE THE LAST SAY WITH GRANDPARENT VISITATION

Father’s mother petitioned the court for visitation. Father had been deported to Equador. The court denied visitation to the grandmother. ...

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

Divorce judgment for divorce had been entered in 1983. It included monthly child support to be paid by husband. Husband ...

IF YOU CAN’T AGREE, YOU ARE RIPE FOR ARBITRATION OR MEDIATION

In their divorce document, the parties agreed to resolve certain problems with their parenting schedule through arbitration.  Father filed a ...

IS ONE PARENT ALWAYS THE RESIDENTIAL PARENT?

The divorce case went to trial. The court entered a 50/50 parenting time schedule. The parents would have equal parenting ...

RECKLESS DOG OWNERS ARE RESPONSIBLE FOR THEIR DOGS

Dog owners can be found to be ‘reckless’ if 1) their dog is determined to be dangerous for killing another ...

USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

Mother was found guilty of parental kidnapping. She was sentenced to two years in prison. The mother and father were ...

MISUSE OF AN ORDER OF PROTECTION IN A DIVORCE CASE

The divorce had already taken place. The wife obtained a two-year order of protection. It restrained the husband from abusing, ...

HARASSMENT AND FREE SPEECH HAVE THEIR OWN DEFINITIONS

Judgment for divorce is entered. It includes the division of the parties’ properties and businesses. It also sets forth the ...

HARASSMENT HAS MANY DESCRIPTIONS

Parties divorce. They had four children. The wife seeks an order of protection against the husband. The husband was charged ...

WHEN IS A JOB CHANGE NOT DONE IN GOOD FAITH?

Was the husband’s voluntary termination of employment from Touche Ross done in good faith? The test for good faith is: ...

CAN YOU USE ILLEGALLY OBTAINED RECORDINGS IN COURT?

Parties are divorced. A Guardian Ad Litem (GAL) had been appointed to assist the court as to the best interest ...

READ THE PRENUP BEFORE YOU SIGN IT

The parties signed a Prenuptial Agreement before they married. It included a waiver of the right to maintenance. Husband later ...

PENALTIES AGAINST EMPLOYER FOR NOT WITHHOLDING

The ex-wife filed a complaint against her ex-husband’s employer. She alleged that it knowingly failed to withhold money owed for ...

IF YOU DON’T AGREE, SAY SO LOUD ENOUGH

The wife filed for divorce. They had an oral settlement agreement. The Judge granted the divorce. Wife appealed. The wife ...

GOOD IDEA TO ASK FOR LEGAL ADVICE BEFORE YOU DO IT

The divorce court found that the Fidelity account was the wife’s sole property. The court found that the husband had ...

THE COURT MAY NOT SEE IT YOUR WAY

The court granted the emergency motion of the mother. Father’s parenting time was restricted due to his conduct during his ...

LESS THAN SIX DEGREES OF SEPARATION

The woman (plaintiff) petitioned for an order of protection against a man and the man’s son. The son was the ...

MAINTENANCE AND THE CASE OF BIGAMY

The term bigamy is defined as getting married to one person while legally married to another person. In Illinois, committing ...

YOUR WORD IS NOT THE ONLY ONE THE COURT CONSIDERS

The husband was convicted of domestic battery based on insulting or provoking physical contact against his wife. He appealed. He ...

DON’T SHOW ANYONE THOSE COMPROMISING PHOTOGRAPHS!

Parties agree on divorce settlement terms. The husband will pay the wife $5200 per month for permanent maintenance. There were ...

SOMETIMES THE CASE GOES BACK TO SQUARE ONE

The parental rights of both mother and father of the minor child were terminated. Based on a hotline call to ...

TRANSFER OF MONIES INTO JUST WIFE’S NAME

Husband funded an IRA in his wife’s name. Divorce proceedings and trials took place. The wife argued that the IRA ...

SO YOU SAY YOU DID WORK ON THE PROPERTY?

The divorcing parties had a second residence. The wife’s parents had deeded the property to the parties in joint tenancy. ...

GRANDPARENT CUSTODY OF MINOR CHILD

The child’s mother died. The maternal grandmother wanted custody.  So did the child’s father. The child had not been living ...

WORDING OF DIVORCE DECREE FOR COLLEGE EXPENSES IS IMPORTANT

The parents were divorced.  Their divorce decree said they would pay for their son’s college education.  If they could afford ...

IF YOU WANT THE OTHER SIDE TO PAY YOUR ATTORNEY FEES, PREPARE!

An attorney represented the mother in a paternity case. The attorney petitioned the court for attorney fees. He wanted the ...

YOU’VE GOTTA COME UP WITH A GOOD ARGUMENT

Parties got divorced. Wife also got an Order of Protection (OP) against Husband. Husband claims that the divorce decree is ...

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

The former wife appealed from an order of the court. She had been receiving $1,000 per month for unallocated maintenance ...

HOW MUCH UNFITNESS IS ENOUGH?

Mother was arrested and charged with child endangerment. There were two fathers for all of the children. Chicago police discovered ...

GUARDIAN CAN FILE FOR DIVORCE FOR THE WARD

This case considered whether the court should overrule the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 ...

TERMINATION OF OBLIGATION TO PAY MAINTENANCE

Wife was not entitled to rehabilitative maintenance. She had been cohabiting with another man on a continuing, conjugal basis. There ...

SPLITTING THE COST OF A PSYCHOLOGIST IN A CUSTODY FIGHT

The parties had one daughter. The divorce decree stated that the parties would share her joint legal custody. The child ...

YOU CAN’T AGREE ON CERTAIN THINGS IN A PRENUPTIAL AGREEMENT  

Mom filed a petition for dissolution of marriage.  Dad filed a motion for declaratory judgment.  The parties had a premarital ...

YOU CAN’T FILE AN APPEAL UNTIL ALL ISSUES ARE DONE

Mom appealed. The trial court had denied her petition to move with her minor son. She wanted to move from ...

OOPS, YOU JUST HAVE TO WAIT TO APPEAL

In the divorce Judgment (MSA), Husband was to pay Wife $5,000 in monthly maintenance. For at least seven consecutive years. ...

THAT IS NOT HOW IT WORKS

Wife’s attorney was granted leave to withdraw. The court struck the upcoming trial date.  The court reset the trial date to ...

GOOD IDEA TO TAKE THE FIFTH IN DIVORCE COURT?

Husband did not make maintenance and child support payments to Wife. Divorce court had ordered payments from Husband. Wife filed ...

KNOW WHEN YOU NEED YOUR SIGNATURE NOTARIZED!

The Court was asked to change the custodian of bank accounts. The accounts belonged to Husband’s children. Husband had been ...

NO, I AM NOT PAYING YOUR ATTORNEY FEES!

Parties are divorced in Nevada. The Marital Settlement Agreement (MSA) stated that the winning party got their attorney fees paid ...

IS A CONVICTED CHILD SEX OFFENDER ENTITLED TO VISITATION RIGHTS?

Father was convicted of a sex offense. With a minor child outside of Father’s family. The statute said that he ...

HOW DO YOU PROVE AN EQUITABLE ADOPTION? THERE WAS NO ACTUAL ADOPTION.

Father filed in parentage court.  He wanted custody, visitation, and child support from Mother.  He said that he had adopted ...

DON’T JUST TAKE YOUR SPOUSES’ WORD

Judgment of dissolution of marriage was entered.  It included the parties’ marital settlement agreement (MSA). Wife filed a petition to ...

SHOULD THE COURT WAIT FOR SOMETHING BAD TO HAPPEN TO A CHILD, BEFORE IT CHANGES CUSTODY?

Parties divorced.  Mother was awarded the custody of the child. Their son was then 10 months old. Four years later, ...

DO YOUR HOMEWORK

The parties had been divorced for eight years. Husband had been ordered to pay maintenance to Wife. Husband failed to ...

A CHILD’S BEST INTEREST IS A FLEXIBLE STANDARD

The parties have joint custody of their seven-year-old child.  Child lives with Mother. She is the residential parent.  Both parents ...

ORDER OF PROTECTION STANDS AGAINST BAD STEPDAD

Father sought an Order of Protection (OP) against stepfather of Father’s three daughters.  Stepfather lived with Mother and the three girls. ...

WHAT IF THERE IS MORE THAN ONE REASONABLE INTERPRETATION?

Husband and wife agreed to carry insurance on their lives in their divorce decree. Upon the death of a party, ...

DON’T FORGET THERE IS A FAMILY EXPENSE STATUTE

Mrs. Neeland purchased two diamond watches, a diamond cocktail ring, a pearl necklace, pearl earrings, and a lighter. The value ...

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

Attorney had represented the husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was ...

EVEN EXTREME CIRCUMSTANCES DON’T EXCUSE LACK OF INTEREST IN A CHILD’S LIFE

The State filed a petition to terminate a named man’s parental rights of the minor, A.S.V.. The petition alleged that ...

SIGN THE PRENUP OR NO MARRIAGE

Shortly before their marriage, Sandra and Edward signed a premarital agreement. Both parties were represented by separate attorneys.The Agreement defined ...

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000.Eunique’s ...

BATTLE OF THE EXPERTS

Parties divorce. Their wife appealed to a number of issues. One of them is the valuation of the husband’s share ...

HOW DO YOU FIGURE OUT WHAT THE TRUE VALUE OF A PENSION IS?

The judge held that the value of the husband’s pension was more than his contributions. It then awarded the wife ...

COURT ALSO CONSIDERS THE NONMARITAL PROPERTY

Their wife has nonmarital assets of $1 million. The previous year, it had generated an income of $69,000. The record ...

WHEN DO YOU HAVE A RIGHT TO SUBSTITUTION OF YOUR JUDGE?

The parties were divorced by one judge. The divorce case was assigned to a different judge for post-decree proceedings.  Wife ...

AN ENVIRONMENT CAN INJURE CHILDREN

Father was indicated by DCFS for abusing the Mother of the minor children. This was done in the presence of ...

LIKELY IT COULD HAVE BEEN DONE RIGHT THE FIRST TIME AROUND

Father filed a motion in court after the divorce had taken place. He asked that his child support obligation be ...

GOOD EVIDENCE REQUIRES MORE THAN YOU SAYING IT IS SO

Husband a Motion to Modify the trial court’s award of maintenance to Wife.  He said he had a change in ...

ARE SICK DAYS AND VACATION DAYS MARITAL PROPERTY?

The Illinois Supreme Court held that:1 Accrued vacation and sick days are not marital property. They are not subject to ...

THE VOW OF MARRIAGE TO CARE FOR A SPOUSE UNTIL DEATH….

The divorce court first listed all of the various items of property. It then placed a total value on each ...

IS IT A NONMARITAL ASSET OR IS IT MARITAL INCOME?

The divorce court classified the husband’s interest in the retained earnings of a closely held subchapter S corporation as nonmarital ...

ALWAYS IMPORTANT TO KNOW WHAT LAW APPLIES

Parties to a civil union had been legally married in Canada in 2003.  One party filed for divorce later in ...

CAN INCOME FROM PROPERTY DIVIDED IN THE DIVORCE BE USED TO CALCULATE INCOME FOR CHILD SUPPORT?

Court ordered Husband to pay 25% of his net income from his job wages.  In addition, 25% of his net ...

YOU MEAN WE REALLY ARE NOT MARRIED AFTER ALL?

This situation can come up any number of ways. 1) Two people get married. They apply for a marriage license. ...

COURT SAID ILL HUSBAND STILL ABLE TO PAY MAINTENANCE

The parties divorced.  They had three young children. Wife received a combination of child support and maintenance. This is done ...

GETTING A SECOND BITE OF THE APPLE

The parties divorced. Husband waived any interest in a business started during the marriage by Wife’s brother.  Wife testified that ...

GROSS INCOME MEANS INCOME FROM ALL SOURCES, ALL OF THEM

The parties had been married 22 ½ years. They divorced.  Wife suffered from many health problems.  The Trial Court gave ...

CHILD SUPPORT INCOME SHARES MODEL IS HERE AS OF JULY  1, 2017

Some of the highlights of the new statute include: The basic support obligation is based on net income. The parties ...

FIRST THINGS FIRST – FATHER’S MOTION SHOULD NOT HAVE BEEN DELAYED

The Court entered an emergency ex parte order of protection.  Only Mother testified. Only Mother is in Court. Father was ...

YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

Husband did not work regularly for a number of years.  Husband filed for divorce. He asked for permanent maintenance from ...

PLAYING BOTH SIDES OF THE FENCE

Father was convicted of domestic battery. He had hit his girlfriend. He appealed. He argued that his attorney did not ...

SPEAK UP WHEN YOU THINK THERE IS A PROBLEM!

Father was not the custodial parent. He had visitation. He took the child from the mother.  The court found him ...

HEY, I GOTTA PAY MY EXPENSES FROM SOMEWHERE

Parties separated and husband moved in with his girlfriend at her house Husband filed for divorce from wife. As part ...

AND, HE COUNTS THE CASH?

The trial court ordered the husband to pay $43,180 towards wife’s outstanding attorneys’ fees. He was also ordered to pay ...

THE COURT HAS  A WIDE REACH

This was a parentage case. The mother petitioned to remove the minor child to Kentucky.  She wanted to live with ...

WHAT CAN HAPPEN IF YOU DON’T RESPOND TO DISCOVERY REQUESTS?

The trial court held a hearing on the status of the discovery of this case. Plaintiffs stated that as of ...

MAKE SURE YOU ARE USING VALID REASONS FOR NOT ANSWERING

Defendant appeals from the order of the Circuit Court compelling her answers to certain questions. They had been asked during ...

WAS FATHER AN UNFIT PERSON UNDER THE LAW?

Father’s parental rights to his minor child were terminated. Before the child’s birth, the father had been convicted of at ...

CAN’T I HAVE TWO FATHERS? YES, SORTA

If Todd can prove that Robert was his natural father, he may inherit from both his natural father and adoptive ...

YOUR PAST CAN FOLLOW YOU

The parties are in court for a hearing for a two-year order of protection. The mother testified to two specific ...

WHO’S MY FATHER?

There were allegations of abuse by their father, Jaime D. A 5-year-old boy, J.D., and his 2 sisters were placed ...

PERMANENT MEANS INDEFINITE

The husband was to pay financial support to the wife for sixty months. It was to support both the wife ...

FATHER DID NOT TAKE OPPORTUNITIES FOR MORE TIME WITH THE CHILDREN

The court allowed the wife permission to move from Illinois to North Carolina with the parties’ two minor children. Husband ...

I AM NOT THE DAD!

The divorce decree included a child custody agreement. It was for a minor child born to a wife during the ...

WHAT MATTERS MOST IS WHAT IS IN THE CHILD’S BEST INTEREST

The minor was placed in a foster home. He has resided there throughout the pendency of the abuse and neglect ...

CAN YOU CAP CHILD SUPPORT?

The parties’ Marital Settlement Agreement (MSA) capped child support from the Husband. He was to pay 28% of his net ...

CAN HUSBAND REDUCE CHILD SUPPORT BECAUSE HE RETIRED?

Husband petitioned for a reduction of his child support payments. He claimed that his involuntary termination led to his early ...

A CHILD SUPPORT DUTY AND CONSIDERING A NEW SPOUSE’S INCOME

The wife filed a petition to modify child support. The court considered the joint income of the husband and his ...

CAN YOU TAKE BACK WHAT YOU SAID IN FRONT OF A JURY?

Defendant's wife was charged with 2 counts of domestic battery against her husband. The case proceeded to a jury trial. ...

CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

The mother filed a petition for a father to contribute to their son’s college expenses. The petition alleged that son ...

NO SALE OF PROPERTY, NO CLOSING COSTS

The trial court stated that it would divide the marital property 60/40 in favor of the wife. The husband had ...

ON A CASE BY CASE BASIS FOR RELOCATION OF THE CHILDREN

Husband and wife were awarded joint custody of the children. Primary physical custody going to husband. While school was in ...

CAN YOU KEEP ALL OF YOUR DISABILITY PENSION INCOME?

The military pension of the husband was ordered 25% to the wife and 75% to the husband. It was to ...

LOST WAGE COMPENSATION AND WORKER’S COMPENSATION

Husband appeals from an order of the circuit court finding that a workers’ compensation settlement was marital property. The trial ...

I WIN, SO YOU PAY MY ATTORNEY FEES?

Nevada court entered a judgment of dissolution. The agreement had a provision for the prevailing (winning) party to get attorney’s ...

WAIVING AN INTEREST MEANS YOU NO LONGER HAVE AN INTEREST IN THAT ASSET

The parties divorced. Each party kept its own retirement assets. Each waived an interest of any kind in the other’s ...

INHERITED IRA IS FAIR GAME FOR CREDITOR

Ex-wife started court action to get money owed to her by Ex-husband. The money was for attorney’s fees from Ex-husband ...

CHILD SUPPORT INCLUDES SOCIAL SECURITY BENEFITS

The parties divorced. Father was ordered to pay monthly support per guidelines.  There were three children, so the guideline amount ...

ACTIONS SPEAK LOUDER THAN YOU KNOW

Wife filed a post judgment petition to modify support. Husband was ordered to pay back child support in the amount ...

DON’T SIT ON YOUR RIGHTS, MOM

Parties divorce. Husband owes child support. Ex-husband dies.  The ex-wife filed a claim for back child support four years later. ...

HE OWES MONEY BACK TO THE MARITAL ESTATE

The wife contends the trial court failed to reimburse the marital estate. For marital funds contributed to the husband’s nonmarital ...

CAN YOU PROVE IT WAS NOT A GIFT?

The wife argues the trial court erred. When it classified and divided a portion of the parties’ Merrill Lynch account. ...

CAN THE COURT MAKE YOU DO YOUR BEST TO EARN INCOME FOR CHILD SUPPORT?

A parent cannot reduce his or her child support obligation by voluntarily leaving their job. Or working far below his ...

DON’T SIT ON YOUR RIGHTS, DAD

Husband filed for divorce.   He presented DNA test results that he was not the biological father of the child.  Both ...

DON’T JUST TAKE OFF WITH THE KID

Mother relocated the child to Champaign, Illinois. This was after Father started court proceedings in Cook County.  Mother did not ...

PROBATE COURT CAN ORDER SUPPORT FOR DISABLED NON-MINOR CHILDREN

Mother filed a motion in probate court. The parties were already divorced. The probate court had named Mother as the ...

TO MAKE EVEN A SMALL CHANGE TAKES CAREFUL PLANNING

The parties divorced. Father’s visitation time included parenting time with the parties’ minor child. She was 4 years old at ...

TO IMPUTE INCOME, YOU CAN’T JUST GUESS AT AN AMOUNT

An amount of child support needed to be determined for Husband to pay. The trial court found that the husband ...

JUST WHOSE FAULT IS IT?

The parties to a divorce owned a business. Each party had been ordered to disclose information about their business valuation ...

DO WHAT YOU WANT, BUT YOU MIGHT HAVE TO PAY THE OTHER SIDE’S ATTORNEY FEES

Husband was required to buyout the wife’s 50 percent interest in the former marital residence by a certain date. Or, ...

IN JAIL? THAT DOESN’T STOP YOUR CHILD SUPPORT DUTY

The child support statute does not limit what assets the court can reach. To assure the child support order is ...

WHAT IS DISSIPATION?

A party charged with dissipating marital assets is obliged to establish how those funds were spent by clear and specific ...

YES, THE COURT CAN GET IT WRONG

Wife was awarded maintenance at the time of the divorce. The trial court directed the wife to remain fully employed. ...

WHO HAS TO PROVE WHAT

Husband told the court that an account in his name was his nonmarital property. He argued that the funds belonged ...

DON’T BE TOO HASTY ABOUT CUTTING GRANDPARENTS OUT OF YOUR CHILDREN’S LIVES

The maternal grandparents filed a petition. They wanted permanent and temporary grandparent visitation of their two minor grandchildren.  The mother ...

ARBITRATION IN DIVORCE CASES HAS DIFFERENT RULES THAN THE DIVORCE COURT DOES

Parties had a divorce case. They agreed to resolve their property and maintenance issues through binding arbitration.  That means that ...

IN CONFORMITY WITH PEOPLE MOVING AROUND SO MUCH

Illinois House Bill 2186 will amend the Illinois Marriage and Dissolution of Marriage Act. The bill changes the definition of ...

IS SAYING OK THE SAME AS NOT SAYING NO?

Son was not a child from this marriage. Son was the Guardian of the Person and the Estate of his ...

THE COURT WILL LOOK AT ALL THE NUMBERS

Husband and Wife got divorced. Husband agreed to pay $185.70 per month in child support.  Wife  agreed to provide medical ...

CAN YOU REPEAT THAT IN COURT?

Defendant was charged by information with two counts of domestic battery. For striking and choking his stepsister. She was developmentally ...

MAYBE YOU CAN GET IT RIGHT THE SECOND TIME

Defendant plead guilty. The offense was failure to support his children.  His violation of the Non-Support Punishment Act was a ...

IS IT HEARSAY OR NOT? WHAT IS AN EXCITED UTTERANCE?

Husband was convicted of two counts. Domestic battery and endangering the life or health of a child. The trial court ...

THE WELL-BEING OF PETS IS THE FOCUS OF PENDING REVISIONS TO THE IMDMA

Senate Bill 1261 was filed on March 29, 2017 by Illinois Senator Linda Holmes. As of today’s date, May 3, ...

VALUE YOUR ASSETS THE RIGHT WAY

The parties to a divorce owned a daycare center. The trial court needed to know the fair market value of ...

YOU CAN’T JUST AGREE TO ANYTHING YOU WANT WHEN IT COMES TO THE KIDS

The parties were getting divorced. They had a written Post Nuptial Agreement (PNA). This was an agreement that they made ...

BE READY, WIFE. HUSBAND CAN RETIRE AND STOP PAYING MAINTENANCE.

Parties divorce. Wife was awarded the substantial amount of $10,000 per month maintenance. It was to stop when husband retired ...

PETS LEFT OUTDOORS AND YOUR RESPONSIBILITY

This took place in Springfield, IL, but could happen anywhere. Animal neglect investigators are asking Springfield police to take a ...

EMANCIPATION OF MINORS ACT STATUTE POSSIBLE REVISION

Illinois law provides that a minor may seek emancipation from his or her parents through a judicial order. In order ...

PRIORITY FOR GRANDPARENT VISITATION PETITION

It requires the court to set the first hearing date for a petition for visitation within 45 days of the ...

PAY ATTENTION TO HOW AN AGREEMENT IS DRAFTED

The divorce decree awarded wife 17.5% of net proceeds from husband’s workers’ compensation settlement. The settlement agreement included a Medicare ...

IT’S MY MONEY AND I CAN SPEND IT THE WAY THAT I WANT TO

Ex-Wife was to receive maintenance after the divorce. Ex-Husband’s job took a big downturn. He went to court to stop ...

DISABILITY AND RETIREMENT INCOME-WHEN THE CART IS THE HORSE

In 1993, John and Lynette were divorced. Their agreement required John to divide his retirement benefits with Lynette. In 2004, ...

IS DAD’S LOOKING AT PORNOGRAPHY CONSIDERED HARASSMENT TO MOTHER AND THE KIDS?

The parties had six children. Four of them were special needs children that they had adopted. Father had visited websites ...

MAKE SURE YOU COVER THE BASES, FOLLOW THE STATUTE

Ex-husband received a lump-sum settlement for his worker’s compensation claim. Ex-husband chose not to take monthly payments. A one-time payment ...

EIGHT YEAR OLD DAUGHTER, SAY HELLO TO YOUR REAL FATHER

This case went to the Illinois Supreme Court. Mom assumed that the child was hers and the man she soon ...

SOMETIMES THE RULES ARE DIFFERENT IN A DIVORCE CASE

A divorce trial was held on which party was to get which property. One of the pieces of property had ...

COURT DID NOT BELIEVE HUSBAND SIGNED UNDER PRESSURE

Divorce decree entered between husband and wife. The decree included the (postnuptial) agreement that the parties made when they were ...

WELL, YOU CAN LOOK AT THE EVIDENCE IN A COUPLE OF WAYS

The Court entered judgment of divorce in 2005. The parties were married 30 years.The parties remarried in 2007. Wife again ...

WHY WAIT UNTIL IT IS TOO LATE TO MAKE YOUR ARGUMENT THAT THINGS ARE UNFAIR?

Court entered default judgment dissolving marriage. Husband simply did not show in court on the set date. Court entered an ...

SO YOU THINK THAT OUR MARRIAGE WAS NOT ON THE ROCKS?

Both parties appealed the divorce court’s orders. One of wife’s arguments is that the court made a mistake by not ...

OFTEN THE COURT HAS TO LOOK AGAIN AT THE DEFINITION OF “INCOME”

Husband was ordered to pay increased child support. The increase was based on a bonus that he had received in ...

MAKE SURE YOU HAVE VALID REASONS BEFORE YOU TRY TO GET OUT OF PAYING CHILD SUPPORT

The parties were divorced. The court entered an order as to one of the son’s college expenses. It said that ...

UNFORTUNATELY, IT IS TYPICAL OF DIVORCING COUPLES TO LIVE AT ODDS WITH EACH OTHER

Husband filed a petition for dissolution of his marriage to Wife. During the case, Wife filed a petition for exclusive ...

EQUITABLE PARENT DOCTRINE-IF YOU ARE NOT A PARENT BY ADOPTION OR BIRTH

The parties, James and Maria, lived together, and never married. Maria adopted a child, Scarlett. James had never formally adopted ...

FORGET IT, I AM ENTITLED TO PERMANENT MAINTENANCE

This marriage lasted 29 years. The Appellate Court said that the Wife’s award of rehabilitative maintenance in the amount of ...

BEST TO KEEP YOUR EYES WIDE OPEN UNTIL IT IS TIME TO CLOSE THEM

Wife and Husband signed a marital settlement agreement (MSA) and a joint-parenting agreement. Wife did not have an attorney and ...

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

It is sixteen months after entry of a judgment of divorce. The mother of the child brought an action to ...

DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURT

DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURTThis is a guardianship case. The trial court appointed a ...

GRANDMOTHER PETITIONS FOR CUSTODY WHEN MINOR LIVES WITH FATHER

After minor’s mother died, maternal grandmother and father each filed their own petition for the minor’s custody. The child had ...

IS INCARCERATION OF YOUR CHILD THE EMANCIPATION OF THE CHILD?

Wife filed a petition against husband regarding the son’s college education. The divorce decree stated that the parties shall be ...

TAKE YOUR PICK-EITHER TAKE THE FIFTH OR DEFEND YOURSELF

The agreed order required husband to pay $4,000 per month to wife. Of the $4,000 sum, the parties agreed $2,000 ...

IF YOU CREATED THE MISTAKE, LIVE WITH IT

The parties agreed to the amount of Aaron’s child support payments at the time of the divorce. The figure was ...

CAN THE BANK TAKE MY HOMESTEAD INTEREST AWAY FROM ME?

Before the marriage, Steven held title to a vacant lot. He and his wife, Gina, agreed to take out a ...

IF YOU WANT CUSTODY OF YOUR CHILD, THEN ACT LIKE YOU DO

The father filed a petition to establish a parent-child relationship. Then, the mother filed a motion to dismiss on the ...

WHICH PARENT IS MORE LIKELY TO WORK WITH THE OTHER PARENT TO RAISE THE CHILDREN?

In 2010, the trial court made a custody judgment awarding Mother sole custody of the three minor children. In 2012, ...

YOU BETTER FOLLOW THOSE COURT ORDERS, UNLESS YOU HAVE A REAL GOOD REASON NOT TO

Kim and Paul got divorced in July, 2003.  In their divorce settlement, they agreed that they would keep title in ...

VIDEOTAPES ARE GOOD EVIDENCE IN COURT, ON THE SAME BASIS THAT PHOTOGRAPHS ARE.

A video of the mother repeatedly hitting her young six-year old child, D.Q., and her three-month old child, J.C., with ...

DON’T BE SURPRISED IF THE COURT GRANTS WHAT YOU ASK FOR

The husband and wife were married in Illinois. They were divorced in Connecticut. The husband was ordered to pay child ...

WHAT YOU CAN EXPECT WHEN THE COURT DOES NOT BELIEVE YOU DON’T MAKE ANY MONEY

The Paternity Court granted mother’s motion to modify child support, for the parties’ one minor child.  After hearing, it increased ...

CONSIDERING THE EMOTIONAL STATUS OF A TERMINALLY ILL PERSON WHO SEEKS A DIVORCE

In this case, the husband filed an emergency petition to grant him a divorce from his wife before the assets ...

MAKE UP VISITATION INCLUDES VISITATION THAT WAS MISSED

The father wanted the mother responsible for visitation abuse and indirect civil contempt.  He said that mother had caused several ...

WHAT IF SOMEONE ELSE IS HOLDING MARITAL PROPERTY?

The husband’s brother-in-law received $575,000 of the sales proceeds of a marital business. This was during the time that Husband ...

ILLINOIS SAID NO COMMON LAW MARRIAGE

Husband and Wife had been married for seven years, when they each filed for divorce. The parties’ primary dispute was ...

IS THERE A COMMON-LAW DUTY OF CHILD SUPPORT IN ILLINOIS?

On August 18, 2014, the Department of Healthcare and Family Services (HFS) filed a petition for the mother to get ...

IS HE A SPERM DONOR OR A DAD? ACT LIKE A DAD AND YOU ARE A DAD

In Re Parentage of A.H. et al, 2016 IL App (1st) 133703. A man who fathered triplets through assisted conception ...

CHILDREN SHOULD REMAIN WITH FIT PARENT

A MOTHER WHO IS A FIT PARENT SHOULD NOT HAVE HER CHILDREN TAKEN AWAY FROM HER At the end of ...

THERAPY DOGS IN ILLINOIS’ COURT SYSTEM

Will County introduces team of therapy dogs to court system The therapy dogs, according to law, cannot be seen by ...

WHAT DOES IT TAKE TO CHANGE A CHILD’S LAST NAME?

In IRMO Piegari, 2016 IL App (2d) 160594, while the parties were involved in a divorce, Wife filed a motion to ...

BE SURE TO PROTECT YOURSELF IF YOU ARE LIVING TOGETHER AND NOT IN A CIVIL UNION OR MARRIAGE

In the case of In re Marriage of Allen, 2016 IL App (1st) 151620, Husband and Wife had been married for ...

ARE LAWSUIT SETTLEMENT PROCEEDS NON MARITAL OR MARITAL?

I am often asked if a settlement amount from a personal injury, workmen’s compensation, or criminal case is non-marital or ...

SHOULD HAVE RECEIVED AS MUCH MAINTENANCE, and WHETHER WIFE DISSIPATED ASSETS BY BEING A SUFI

In re Marriage of Stuhr, 2016 IL App (1st) 152370, June 24, 2016, Cook Co. This case went to the ...

IT IS IMPORTANT TO BE CLEAR ABOUT YOUR INTENTIONS FROM THE BEGINNING, IF THAT IS WHAT YOU WANT TO DO.

Too often, when the parties to a divorce begin to divide the assets between themselves, they find that they are ...

President’s Page-Evolution Revolution

What is a bar association?  There are local, county, state, national, and international bar associations (as with other types of ...

President’s Page-Finding That Sense of Purpose

Henry David Thoreau is now considered to have been a century ahead of his time in realizing the problems that ...

Mediating Pet Agreements

Mediating Pet Agreements Pet mediators are available to mediate pet disputes and mediate pet agreements when the people in dispute ...

SHOULD I SIGN THE PRENUP OR DELAY THE WEDDING?

Wife appeals from an order upholding a pre-nuptial agreement she and husband had signed. The agreement provided that in the ...

BE CAREFUL WITH THE DRAFTING OF PRENUPS AND BENEFICIARY DESIGNATIONS

It was a month before they were married. Toni and Charles signed a “Premarital Agreement.” They agreed that the property ...

THE PROPER DRAFTING OF A PETITION IS VERY IMPORTANT

In dissolution proceedings, The Trial Court entered a parenting agreement. It granted sole care, custody, and control of the parties’ ...

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

The Trial Court denied husband’s petition to modify his child support obligation. The Court found nothing to indicate that husband’s ...

MAN DOES NOT WANT TO PAY ATTORNEY FEES

Husband engaged an attorney to assist him in the divorce. They executed a written engagement agreement providing for a $ ...

YOU HAVE TO PAY SUPPORT DURING THE APPEAL

The former wife initiated proceedings against the former husband to enforce child-support provisions of their marital settlement agreement. It had ...

SITTING ON YOUR RIGHTS-YOU SHOULD HAVE STOOD UP SOONER

The Appellate Court agreed with the wife’s argument that the trial court should not have entered a default judgment against ...

WHO SHOULD RUN THE BUSINESS?

Husband filed a motion for a preliminary injunction against wife. He had filed divorce proceedings. He wanted the court to ...

FILING A TIMELY PETITION FOR COLLEGE EXPENSES

The provisions of a divorce decree may be modified to require one or both parents to provide for the education ...

WAS HE LYING THEN, OR IS HE LYING NOW?

In a divorce case, there was a disputed $1,551,616.48 Fidelity account. At one time, this account contained the husband’s premarital ...

NO MARRIAGE, SO RETURN THE WEDDING RING?

The man filed a replevin action against his former fiance for return of a diamond engagement ring. Attached to the ...

MAINTENANCE-OLD OR NEW GUIDELINES APPLY?

The Trial Court entered an order extending the husband’s maintenance obligation. Husband appealed. The original divorce order had provided that ...

STILL LEARNING HOW TO APPLY THE NEW MAINTENANCE GUIDELINES

The Trial Court denied the ex-husband’s petition to modify or terminate maintenance. It granted the ex-wife’s motion to modify maintenance. ...

IS IT CIVIL OR CRIMINAL CONTEMPT?

The trial court entered a judgment of dissolution. A few days before trial, the wife’s attorney was allowed to withdraw ...

WIFE WENT TO COURT WITHOUT NEEDING TO

The Trial Court entered a judgment for dissolution of marriage in 2011. It included the following language re the marital ...

IT’S OURS, NOT YOURS

At the divorce trial, the Trial Court held that the marital residence was husband’s non marital property. It ordered husband ...

VOW TO CARE FOR A SPOUSE UNTIL DEATH REMAINS A WEE BIT INTACT

The trial court held that the home in which parties resided for their 28–year marriage was marital property. It awarded ...

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

The Trial Court initially awarded the wife $6,000 per month for maintenance. And $6,000 per month for child support for ...

IS THE CHILD AN INDIAN CHILD?

The child was adjudicated as a neglected minor on two occasions. The State alleged that the parents physically abused S.S. ...

SHE DID NOT SURRENDER HER PARENTAL RIGHTS, BUT SHE WAITED TOO LONG

The rule is clear.  A consent to adoption form is not equal to a surrender of parental rights.    To have ...

FATHER’S CONSENT TO ADOPTION REQUIRED

Mother and stepfather petitioned for termination of the biological father’s parental rights. They wanted to adopt the child together. The ...

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

In the divorce decree, the parties shared custody of their minor child. A determination had already been made that the ...

EX-WIFE’S INTIMATE DATING RELATIONSHIP WAS NOT COHABITATION

The ex-husband filed a petition to terminate maintenance. He alleged that his former spouse of 17 years was cohabitating with ...

DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until her wife moved to Illinois. Wife filed a Petition ...

EMPLOYERS MUST PAY OUT WHEN THEY ARE SERVED WITH A WITHHOLDING ORDER

The trial court entered a judgment of dissolution of marriage. The husband was ordered to pay $370 per month in ...

YOU ARE NOT THE LEGAL BENEFICIARY

Bruce and Linda were married. Bruce purchased two life insurance policies and an annuity from New York Life, and the ...

PERMISSIVE MILITARY SERVICE CREDITS PURCHASED DURING THE MARRIAGE

The Trial Court found that the ex-husband had to reimburse their ex-wife for her marital share of funds used to ...

TAKE ACTION IN THE RIGHT WAY

Woman was in a divorce case. She filed a breach of contract complaint against two sets of her attorneys. She ...

UH OH, BETTER NOT FIB

The issue in this appeal is whether a court may impose sanctions in the form of attorney fees under Illinois ...

MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several ...

WHEN IS A BIFURCATED JUDGMENT APPROPRIATE?

The wife filed a petition for dissolution for marriage.   Husband filed an answer and counterpetition.  He also filed a declaratory ...

CAN YOU SUE A GUARDIAN AD LITEM?

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she ...

USING THE EQUAL CREDIT OPPORTUNITY ACT AS A DEFENSE TO CO-GUARANTOR WIFE

Chesapeake Bay Builders, Inc. (Bay Builders) executed a promissory note in the sum of $100,000.  It was payable to the ...

BANK DID NOT IMPROPERLY CONSIDER THE MARITAL STATUS OF THE BORROWERS

The Court finds the facts as follows: the borrowers in this loan transaction are Samuel A. Linch, Marcia Penny Linch, ...

FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to ...

DISSIPATION-WHAT AND WHEN

At trial, the wife testified about and introduced into evidence several spreadsheets.  She argued that they made a basic showing ...

WHAT IS THE PROPER VALUATION FOR A HOUSE IN A DIVORCE?

Neither party presented the trial court with expert opinion testimony as to the value of the marital residence and a ...

JUDGE WOULD NOT COMPEL THE CHILD TO TESTIFY IN COURT

The Trial Court terminated the parental rights of the mother as to her daughter, age 9 at the time of ...

THE DOWNSIDE OF USING A PREPRINTED FORM

THE DOWN SIDE OF USING A PREPRINTED FORM The Trial Court entered a two year plenary order of protection.  The ...

UNCOVERED MEDICAL EXPENSES ARE NOT PAID BY SOCIAL SECURITY DISABILITY FOR CHILD

Husband had been involved in a motor vehicle accident. He sustained severe injuries that left him permanently and totally disabled.  ...

SOCIAL SECURITY DISABILITY PAYMENTS IN LIEU OF CHILD SUPPORT

Wife had filed a petition to dissolve her marriage to husband, which was granted. The judgment required husband to pay ...

FATHER NEEDS TO MAINTAIN A REASONABLE DEGREE OF INTEREST IN HIS CHILD

The trial court entered an order terminating father’s parental rights as to his minor daughter.  She was then five years ...

AGREEING TO MAKE A WILL IN A DIVORCE JUDGMENT

The parties divorce. In their agreement, they are each to make and keep in full force and effect a valid ...

DID A SUBSTANTIAL CHANGE OF CIRCUMSTANCES TAKE PLACE?

Divorced mother petitioned for modification of child support. The Trial Court entered an order increasing Father’s child support obligation. Father ...

SO, YOU HAVE EVIDENCE TO PROVE THESE ARE LOANS?

Husband incorporated JDS Homes, a construction business.  In 2006, JDS Homes purchased a parcel of land in Burr Ridge known ...

DID FORMER WIFE REALLY TRY TO FIND EMPLOYMENT?

The trial court had found that wife was in need of assistance but declined to make a permanent award of ...

SUPPORT FROM DECEDENT’S ESTATE IN PROBATE COURT

Mother filed claims for a “child’s awards” under the Probate Act of 1975.  And for child support under the Illinois ...

CHILD SUPPORT FROM DECEDENT’S ESTATE

Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  ...

WHY CAN’T I MOVE THE CASE FROM ILLINOIS?

Father filed a petition to vacate portions of the Illinois divorce decree. The trial court vacated the child custody and ...

CAN A COURT IGNORE AN AGREEMENT OF THE PARTIES?

Parties divorced in Illinois. Mother was granted leave to move to New York with the minor child. The removal and ...

SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX-HUSBAND

The trial court held numerous hearings on multiple post-judgment issues.  These issues had been pending for several years.  The trial ...

WHAT STATE SHOULD DECIDE CHILD CUSTODY MATTERS?

The parties were divorced in North Carolina. Joint custody of the minor child was awarded to the parties by the ...

ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

Ex-husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial ...

THE OFFICE OF CHILD SUPPORT ENFORCEMENT DOES NOT COLLECT SPOUSAL SUPPORT UNLESS A CHILD SUPPORT OBLIGATION IS ALSO BEING PROCESSED.

Parties are divorced in a country outside of the United States. For our purposes, let’s consider a Netherland’s Judgment for Dissolution ...

PET VISITATION-IS THERE AN ENFORCEABLE BASIS FOR IT?

Although there are no established laws on pet custody or visitation in Illinois or other states in the U.S., these ...

CAN AN ILLINOIS JUDGE AWARD VISITATION OF A PET IN A DIVORCE?

In a case in which the parties to a divorce can’t agree as to who gets to keep the pet(s), ...

IS MOTHER TOO LATE TO DECLARE THAT THE MAN IS NOT THE CHILD’S DAD?

Mother requested that the Court enter an order declaring the non-existence of a parental relationship.  She had informed the court ...

PAY YOUR CHILD SUPPORT AND THEN GO AFTER MONIES OWED TO YOU

The Court refused to offset the father’s unallocated maintenance and child support arrearage by the amount he allegedly paid to ...

DEBT IS NOT TO BE TREATED AS A CREDIT FOR FATHER’S CHILD SUPPORT OBLIGATIONS

The Marital settlement agreement (MSA) provided that husband owed wife a child support arrearage in the amount of $79,301.44.  He ...

RETIREMENT AND DISABILITY BENEFITS

After court entered judgment of dissolution.  Husband died.  Then, wife (Jodi) filed 3rd-party complaint against Mary.  Mary was husband’s wife ...

SPERM DONOR CAN KEEP IT IN HIS POCKET

SHE and HE had a sexual affair, while they were each married to someone else. SHE was living apart from ...

SWAPPING PROPERTY OBLIGATIONS

Pursuant to the terms of the divorce judgment, husband was to make three $5,000 payments to wife over a one-year ...

I DIDN’T KNOW HE DIDN’T PAY THE MORTGAGE

During trial, wife testified that the marital residence had been listed for sale at $279,000 with two outstanding mortgages, totaling ...

WHY DIDN’T YOU COME FORTH EARLIER?

 The court entered an order finding that Respondent father was unfit to parent his 4-year-old minor child.  It was in ...

WIFE JUST WANTED HUSBAND TO LEAVE HER ALONE

Wife filed A verified petition for A plenary order of protection against her husband of 45 years.   She alleged a ...

TAKE THE HOME, THE FRYING PANS AND ALL ELSE, BUT FIDO IS MINE!

1. Pet Custody, by Emily J. KellyWhen couples face divorce or legal separation, they must divide many assets, finances, property ...

DON’T ARGUE OVER STUFF THAT DOESN’T MATTER

Parties are divorced already.  The circuit court granted the wife’s Petition to increase child support.   She also filed a Petition ...

PARTIES BOUGHT CREDITS FOR HUSBAND’S PRE-MARRIAGE MILITARY SERVICE

Is permissive pension service credit based on time served in the military marital or nonmarital property?  The court needed to ...

FATHER PROPERLY PREVENTED FROM HAVING CONTACT WITH HIS CHILD

Father filed a complaint to determine parentage in the trial court.  He was initially granted supervised parenting time.   Later, the ...

MARRIED AND UNMARRIED PARENTS HAVE AN OBLIGATION FOR CHILD’S COLLEGE EDUCATION

Mother filed a contribution petition requesting that father be ordered to pay an equitable share of the anticipated college costs ...

GRADUAL REINTRODUCTION OF FATHER TO HIS SON

Mother and father are the biological parents of L.W.   The parties were never married.   Father had been very abusive in ...

HUSBAND HAD EMPLOYMENT OPTIONS OTHER THAN STOPPING TO WORK

The Trial Court granted husband’s motion to terminate maintenance.  It found that his decision to retire from his job as ...

TAKE THE HOUSE BUT THE DOG IS MINE: ANECDOTAL ‘TAILS’ ABOUT PET CUSTODY ISSUES IN DIVORCE

TAKE THE HOUSE BUT THE DOG IS MINE:ANECDOTAL ‘TAILS’ ABOUT PET CUSTODY ISSUES IN DIVORCEPets have been considered as property ...

CLASS ACTION CHALLENGES ILLINOIS DCFS INVESTIGATORS’ THREATS IN THE UNITED STATES SUPREME COURT

In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, ...

THE ENFORCEMENT OF CHILD SUPPORT PROVISIONS IN FOREIGN DIVORCE JUDGMENTS

There are a legion of cases that describe why the Illinois courts will not give full faith and credit to ...

Dead Beat Dad Enters a General Appearance

Mom gets a default judgment for dissolution of marriage in a country in Europe in l983. She and Dad have ...

Recognition and Enforcement of Foreign Divorce Decrees

Quite simply, Illinois courts will not enforce, but will only recognize, a judgment of a foreign country which granted a ...

FATHER DID NOT PRESENT SUFFICIENT EVIDENCE TO LOWER CHILD SUPPORT HE PAID

Father filed a motion to modify his child support obligation. After the hearing, the trial court properly denied father’s motion. ...

YOU CAN’T REOPEN SOMETHING YOU CLOSED

Decedent had entered into a property settlement agreement (PSA) as part of a legal separation from her husband.  He survived ...

IS THIS A REVIEW OR A MODIFICATION OF MAINTENANCE CASE?

The Trial Court entered an order extending maintenance wife until husband, a pilot, retires.  The Trial Court also refused to ...

WAS A DEVIATION FROM THE GUIDELINES APPROPRIATE?

The parties are involved in divorce proceedings.  The Trial Court concluded that the wife was entitled to maintenance based on ...

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support ...

YOU HAD YOUR CHANCE

Wife filed a petition under 735 ILCS 5/2-1401.  She wanted to set aside the parties’ Marital Settlement Agreement. It had ...

YOU HAD YOUR CHANCE #2

In the Onishi-Chong case just reported on, the wife had filed a §2-1401 action.  It alleged fraud on the part ...

CASE SHOULD HAVE BEEN RESOLVED IN ILLINOIS

Husband filed a petition for legal separation from his wife.  She resided in Oklahoma with the parties’ two children.   The ...

Yes, you have two husbands

Joy and Joe have lived in Illinois. They were married years ago in China. They get divorced and Joy marries ...

I’M NOT GOING TO A BEHAVIORAL COACH FIRST!

The parties had entered into a Child Custody Agreement in 2015.  It contained one sentence (X(C), which is not a ...

YOU DON’T KNOW WHAT A DATING RELATIONSHIP IS?

Following a jury trial, defendant was found guilty of domestic battery.  He was sentenced to 2½ years’ imprisonment.  He appealed. ...

COURT HAS CONTINUING AND INDEFINITE JURISDICTION

The parties got divorced.   The Trial Court awarded the 80-acre family farm to the wife.    Husband was to sign a ...

TWO CASES INVOLVING THE SAME SUBJECT MATTER-HOLD OFF ON ONE FOR NOW

Plaintiffs sued their son (Dale) and his wife (Tammy).  They alleged that they owed them money relating to son’s farming ...

INTERIM FEE AWARD FOR NON-PETITIONING PARTY IS REVERSED

The trial court created a $750,000 litigation fund as a result of the wife’s petition for interim and expert fees ...

PHYSICAL ABUSE AND HARASSMENT ARE BOTH ABUSE FOR AN ORDER OF PROTECTION

The ex-girlfriend sought an order of protection.  The trial court ordered a two year, plenary order of protection against the ...

FEES AWARDED BUT NOT PAID PRIOR TO VOLUNTARY DISMISSAL ARE OWED

The husband and wife brought a joint motion to voluntarily dismiss their respective petition and counterpetition that were on file.  ...

TRIAL COURT IMPUTED INVESTMENT INCOME TO WIFE FOR SETTING CHILD SUPPORT AND MAINTENANCE

The trial court was calculating child support and maintenance.  It found that the wife was awarded $1,136,535 in investments and ...

INCREASED INCOME OF PAYOR IS NOT GENERALLY NOT ENOUGH TO PROVIDE MODIFICATION OF MAINTENANCE

The Court did not abuse its discretion in denying the motion of husband. He is disabled, has MS, and receives ...

FATHER AWARDED PRIMARY DECISION MAKING FOR MINOR CHILD

The Court entered an order for father to have primary parental decision-making authority for educational and healthcare decisions. And the ...

COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

The MSA provided that each year the parties would conduct a “true-up”. It would be based on husband’s tax documents. ...

MAINTENANCE AWARD TO WIFE REDUCED DUE TO HUSBAND’S LOWER INCOME

The trial court granted husband a reduction in the amount of maintenancehe was obligated to pay wife. It denied wife’s ...

WIFE’S EMERGENCY MOTION FOR AN INJUNCTION DENIED

In a divorce proceeding, wife filed an emergency motion for injunctive relief. She alleged that husband secretly amended his revocable ...

CIVIL UNION PARTNERS HAVE RIGHTS OF THEIR PARTNER’S MINOR CHILDREN AS STEP PARENTS.

The child’s father died. His ex-wife refused to let father’s civil union partner see the child any longer. Father’s civil ...

IMDMA EXCLUDES ACCELERATED DEPRECIATION FROM CALCULATION OF NET BUSINESS INCOME

The Circuit court had statutory authority to award the wife maintenance and child support from the date of her request ...

FIGHTS BETWEEN DOGS IS NOT A WARNING ABOUT POSSIBLE ATTACKS ON HUMANS

Plaintiff sued for injuries she sustained. Defendants' 105-pound dog bit her. She claimed negligence. The Trial Court granted summary judgment ...

SPECIAL IMMIGRANT JUVENILE

The mother filed a petition to establish the parentage of her minor son. She sought an order for the child ...

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