Divorce

/Divorce

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

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 alleged excessive fees against them.  The attorneys had originally filed fee petitions under Section 508 of the Dissolution of Marriage Act.   The case was not over at the time.  So, the court reserved its ruling [...]

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

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 Equitable Annuity. At the time Bruce purchased the policies, the beneficiaries of the policies were Linda and their children. Later, Linda filed a dissolution action against Bruce. By agreement of both Bruce and Linda, the [...]

By | May 15th, 2019|Financial Issues When Divorcing|0 Comments

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

The trial court entered a judgment of dissolution of marriage.   Husband was ordered to pay $370 per month in maintenance to wife when their farmland sells. An auction was held that same month.   The sale did not take place yet. Wife filed a wage garnishment against husband’s employer.  The employer did not pay out to [...]

EX-WIFE’S INTIMATE DATING RELATIONSHIP WAS NOT COHABITATION

Ex-husband filed a petition to terminate maintenance.   He alleged that his former spouse of 17 years was cohabitating with her boyfriend. The Court denied his petition.   It stated that his ex-wife was not in a resident, continuing conjugal relationship. She was in an intimate dating relationship.  It did not have the permanence of a de [...]

By | May 8th, 2019|Maintenance, Spousal Maintainence|0 Comments

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 a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the awards.  It then ordered $15,000 maintenance and no child support.  Should the maintenance terminate while the child remains unemancipated, then [...]

By | April 25th, 2019|Child Support, Spousal Maintainence|0 Comments

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 the home and its furnishings to wife.  Husband appealed. The marital home, located in Winnetka was acquired by the parties after their marriage.   It was acquired and built from the proceeds from the sale of [...]

By | April 25th, 2019|Property Division, Uncategorized|0 Comments

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 to reimburse the marital estate for monies it had contributed to build the marital residence. Wife argued that the residence was marital property.  Wife appealed. Husband had contributed a substantial amount of non-marital funds towards [...]

By | April 25th, 2019|Property Division, Uncategorized|0 Comments