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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 the parties' rights on the issues of property and maintenance in the event of a divorce. Edward was the sole shareholder and chief executive officer of a company. He earns in excess of $250,000 [...]

By | November 8th, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments

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 the natural mother had irrevocably surrendered her parental rights to A.S.V..   The same day, she had named the man as A.S.V.'s natural father in an affidavit of parentage. The petition to terminate the man's parental [...]

By | November 2nd, 2018|DCFS-related, Uncategorized|0 Comments

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 of the merchandise exceeded $6,000. Payments made by the wife reduced the balance due on her account to $2,608.94. No further payments were made. The seller of the jewelry brought suit against both the husband [...]

By | November 2nd, 2018|Family Law Articles, Uncategorized|0 Comments

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, each of their two children shall be entitled to receive death benefits.  Each child was entitled to $50,000.00 in death benefits. The Agreement did not specifically mention husband's existing life insurance policy.  Husband had not [...]

DON’T SHOW ANYONE THOSE COMPROMISING PHOTOGRAPHS!

Parties agree on divorce settlement terms.   Husband will pay wife $5200 per month for permanent maintenance.   There were other monetary terms related to the children.   There were property division terms. He executed a trust agreement.  He would transfer to a trustee certain described property, including real estate.   This was for the purpose of securing his obligations. [...]

By | October 11th, 2018|Property Division, Uncategorized|0 Comments

SOMETIMES THE CASE GOES BACK TO SQUARE ONE

The parental rights of both mother and father of minor child were terminated.   Based on a hotline call to DCFS, G.V. was taken immediately into the custody of the Department of Children and Family Services (DCFS). The call was made by a caseworker from a DCFS parallel agency in Connecticut.   This is where mother had [...]

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. [...]

HARASSMENT HAS MANY DESCRIPTIONS

Parties divorce.  They had four children. Wife seeks an order of protection against husband.   Husband was charged with a violation of a previous order of protection.  He had notice of the prior order.  He, therefore, intentionally committed an act prohibited by the order.   He had sent a written note to the home of wife with [...]

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 one to know. This applies to all types of cases, not just family law. The plaintiff in a personal injury suit tried to electronically file a motion to reconsider.  It was shortly before midnight the [...]

By | April 26th, 2018|Divorce FAQS, Uncategorized|0 Comments

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 of the child support arrearages and interest to be paid on the arrearages. Wife later went to court to collect the arrearages and interest.  The Court did not give her interest.  The Court stated that [...]

By | April 26th, 2018|Child Support, Uncategorized|0 Comments