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COURT HAS CONTINUING AND INDEFINITE JURISDICTION

The parties got divorced.   The Trial Court awarded the 80-acre family farm to the wife.    Husband was to sign a Quit Claim deed to wife.  Wife was obligated to either obtain a loan or to sell the farm.  Then, to make a payment of $200,000 to husband from the loan or the sale, to settle [...]

By | April 24th, 2020|Uncategorized|0 Comments

I’M NOT GOING TO A BEHAVIORAL COACH FIRST!

The parties had entered into a Child Custody Agreement in 2015.  It contained one sentence (X(C), which is not a standard addition to such agreements.  X(C) stated that the parties could not file any motions or petitions related to custody matters unless they first submitted a written report from a psychologist designated as a "behavioral [...]

By | April 17th, 2020|Uncategorized|0 Comments

I’M NOT GOING TO A BEHAVIORAL COACH FIRST!

The parties had entered into a Child Custody Agreement in 2015.  It contained one sentence (X(C), which is not a standard addition to such agreements.  X(C) stated that the parties could not file any motions or petitions related to custody matters unless they first submitted a written report from a psychologist designated as a "behavioral [...]

By | April 17th, 2020|Uncategorized|0 Comments

YOU HAD YOUR CHANCE #2

In the Onishi-Chong case just reported on, the wife had filed a §2-1401 action.  It alleged fraud on the part of the husband.  She alleged he tried to conceal his income during their divorce case. The husband had filed a motion for summary judgment.  The trial court had granted his motion.  The trial court considered [...]

By | April 16th, 2020|Uncategorized|0 Comments

YOU HAD YOUR CHANCE

Wife filed a petition under 735 ILCS 5/2-1401.  She wanted to set aside the parties’ Marital Settlement Agreement. It had been entered two years before. Wife claimed that husband had fraudulently concealed information from her during the divorce.  She alleged fraudulent concealment.   She believed that he had schemed to reduce his salary while the divorce [...]

By | April 16th, 2020|Uncategorized|0 Comments

WAS A DEVIATION FROM THE GUIDELINES APPROPRIATE?

The parties are involved in divorce proceedings.  The Trial Court concluded that the wife was entitled to maintenance based on 1) her earnings and her earning ability in comparison to husband’s.  2)  The standard of living during the marriage. 3) Wife's needs.  Husband appealed. The Appellate Court found the Trial Court had properly calculated the [...]

By | April 10th, 2020|Uncategorized|0 Comments

YOU CAN’T REOPEN SOMETHING YOU CLOSED

Decedent had entered into a property settlement agreement (PSA) as part of a legal separation from her husband.  He survived her.  He filed a petition for probate of her estate. Decedent's daughter filed a counterpetition.  She argued that the husband was not an heir.   The Trial Court erred in finding that the husband was an [...]

By | January 10th, 2020|Uncategorized|0 Comments

IS THIS A REVIEW OR A MODIFICATION OF MAINTENANCE CASE?

The Trial Court entered an order extending maintenance wife until husband, a pilot, retires.  The Trial Court also refused to award permanent maintenance. Wife did not seek employment for 2 1/2 years after the divorce, but she was never informed that she had a duty to seek training or education to continue receiving maintenance.   Wife [...]

By | January 10th, 2020|Uncategorized|0 Comments

FATHER DID NOT PRESENT SUFFICIENT EVIDENCE TO LOWER CHILD SUPPORT HE PAID

Father filed a motion to modify his child support obligation. After the hearing, the trial court properly denied father’s motion. The court found that no substantial change in circumstances had occurred warranting modification.  Father appealed. The Appellate Court stated that, typically, a substantial change in circumstances means the child's needs, the non-majority parent's ability to [...]

By | January 10th, 2020|Uncategorized|0 Comments

HUSBAND HAD EMPLOYMENT OPTIONS OTHER THAN STOPPING TO WORK

The Trial Court granted husband's motion to terminate maintenance.  It found that his decision to retire from his job as an ER physician was made in good faith.  The Trial Court barred the use of a report of wife's controlled expert, an ER physician.  It had been properly disclosed by wife, so it was no [...]

By | December 5th, 2019|Uncategorized|0 Comments