Spousal Maintainence

//Spousal Maintainence

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

STILL LEARNING HOW TO APPLY THE NEW MAINTENANCE GUIDELINES

The Trial Court denied ex-husband's petition to modify or terminate maintenance.  It granted ex-wife's motion to modify maintenance.  It calculated maintenance to wife based on the amended guidelines.  The parties’ divorce had taken place before the new guidelines were in effect. The Trial Court increased ex-husband's obligation based on its calculation of his income.   Husband [...]

By | April 19th, 2019|Spousal Maintainence, Uncategorized|0 Comments

MAINTENANCE-OLD OR NEW GUIDELINES APPLY?

The Trial Court entered an order extending husband's maintenance obligation. Husband appealed.  The original divorce order had provided that wife was to receive maintenance for a period of two years.  She was authorized to seek an extension of maintenance before the two-year period expired. The Appellate Court agreed with the Trial Court.  It said that [...]

By | April 9th, 2019|Spousal Maintainence|0 Comments

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 had been no subsequent reconciliation with her husband. “Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance [...]

By | October 25th, 2018|Maintenance, Spousal Maintainence|0 Comments

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 bigamy is a Class 4 felony. If a person is found guilty of this crime, he or she can be sentenced to up to three years in prison. That takes care of the criminal part. [...]

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 to conduct a general review of maintenance.  This had been provided for in the divorce decree. The Court reduced the unallocated maintenance.  This is a combined payment of child support and maintenance.  But, wife's standard [...]

By | July 19th, 2018|Spousal Maintainence|0 Comments

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 37 years. The trial court divided the property of the parties between them.   It awarded each party a one-half interest in wife’s pension from the Teachers’ Retirement System (TRS).  It denied wife maintenance.  Wife appealed. [...]

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. They went back to court after their divorce. The issue was modification of maintenance. Husband claimed that he was losing his job. He intended to retire. He argued that there was a substantial change of [...]

By | May 18th, 2018|Maintenance, Spousal Maintainence|0 Comments

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 another person. About a year later, husband filed a petition to terminate maintenance.  The court denied his petition. He appealed. He had argued that wife had been in a dating relationship with another man for [...]

By | April 20th, 2018|Spousal Maintainence|0 Comments