Divorce

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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

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 years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter's private high school tuition.  The husband argued that he should pay less than half [...]

By | June 24th, 2019|Child Support, Spousal Maintainence|0 Comments

WHEN IS A BIFURCATED JUDGMENT APPROPRIATE?

Wife filed a petition for dissolution for marriage.   Husband filed an answer and counterpetition.  He also filed a declaratory judgment action.  He was asking that their antenuptial agreement was valid and binding. At the conclusion of trial, husband's counsel requested the court to enter a judgment of dissolution.   Wife objected. Husband had a serious medical [...]

By | June 24th, 2019|Property Division|0 Comments

PERMISSIVE MILITARY SERVICE CREDITS PURCHASED DURING THE MARRIAGE

The Trial Court found that ex-husband had to reimburse ex-wife for her marital share of funds used to purchase the enhancement. Ex-wife appealed.  She argued that the permissive military service credit was marital property since the enhancement had been purchased with marital funds. The Appellate Court reversed the Trial Court. It found that the permissive [...]

By | June 10th, 2019|Financial Issues When Divorcing|0 Comments