Divorce

/Divorce

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 trust to remove her as successor trustee and beneficiary. A few months before he filed a divorce petition. Wife alleged that this trust had been part of the parties’ agreed estate plan and contained substantial [...]

By | September 24th, 2020|Financial Issues When Divorcing|0 Comments

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 requests for an increase inthe monthly award based on the statutory maintenance guidelines. And it denied a retroactive increase for the time period the case was pending. Wife appealed. The Appellate Court affirmed. The wife [...]

By | September 24th, 2020|Spousal Maintainence|0 Comments

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 social security benefits. He seeks to modify the maintenance amount he receives from wife. Husband did not offer any evidence showing that his MS had progressed in a way that was not anticipated in the [...]

By | September 22nd, 2020|Spousal Maintainence, Uncategorized|0 Comments

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 would repay that debt by reimbursing each of the 3 children's section 529 plans accordingly.    The parties  would jointly bear the children's higher education expenses.  The MSA did not provide that husband's repayment of the [...]

By | October 31st, 2019|Financial Issues When Divorcing|0 Comments

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 period. Wife was also to receive specified marital property. Husband was to receive the remainder of the property. Each of the parties subsequently filed petitions for rule to show cause.  Each alleged that the other [...]

By | October 23rd, 2019|Property Division|0 Comments

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 at the time of his death.  Jodi alleged that Mary was unjustly enriched because she was receiving a pension as surviving spouse of a disabled firefighter under Section 4-114 of Pension Code. The Trial Court [...]

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 as the Crosscreek Subdivision. The land was divided into 10 separate lots. With the exception of Lot 7, all of the lots were developed and sold. In 2012, respondent incorporated JDS Home Builders. Lot 7 [...]

By | September 17th, 2019|Financial Issues When Divorcing|0 Comments

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 will.  It is to provide that each of them will give and bequeath at least 50% of their net estate to their six children in equal shares.   They also agreed to a remedy in [...]

By | August 21st, 2019|Property Division|0 Comments

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 piece of rental property. The husband testified as to his own personal knowledge of what he believed the combined values of the two properties were worth.  The wife presented evidence as to the assessed value [...]

By | July 15th, 2019|Property Division|0 Comments

DISSIPATION-WHAT AND WHEN

At trial, the wife testified about and introduced into evidence several spreadsheets.  She argued that they made a basic showing that the husband had dissipated over $160,000.  In unaccounted cash withdrawals from his bank accounts from 2010 through the first half of 2016. Dissipation is the use of marital assets for the benefit of one [...]

By | July 15th, 2019|Property Division|0 Comments