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Special Immigrant Juvenile

Mother filed a petition to establish parentage of her minor son. She sought an order for the child to apply for "Special Immigrant Juvenile" (SIJ) status. The Trial Court found that the minor had been abandoned by his father. It granted mother sole decision-making responsibility and parenting time. However, the court found that the minor [...]

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

IMDMA EXCLUDES ACCELERATED DEPRECIATION FROM CALCULATION OF NET BUSINESS INCOME

The Circuit court had statutory authority to award the wife maintenance and child support from the date of her request in the petition for dissolution. Appropriate credit was given for the temporary payments husband had made. Section 505(a)(3.1)(A) of the Marriage and Dissolution of Marriage Act now explicitly excludes accelerated depreciation from the calculation of [...]

By | September 25th, 2020|Uncategorized|0 Comments

COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

The MSA provided that each year the parties would conduct a "true-up". It would be based on husband's tax documents. The true-up would determine if he paid the proper amount of support in the prior year. Subsequently, husband filed a motion to modify child support. He asked the court to reduce his monthly support obligation [...]

By | September 23rd, 2020|Child Support, Uncategorized|0 Comments

INCREASED INCOME OF PAYOR IS NOT GENERALLY NOT ENOUGH TO PROVIDE MODIFICATION OF MAINTENANCE

The Court did not abuse its discretion in denying the motion of husband. He is disabled, has MS, and receives social security benefits. He seeks to modify the maintenance amount he receives from wife. Husband did not offer any evidence showing that his MS had progressed in a way that was not anticipated in the [...]

By | September 22nd, 2020|Spousal Maintainence, Uncategorized|0 Comments

FEES AWARDED BUT NOT PAID PRIOR TO VOLUNTARY DISMISSAL ARE OWED

The husband and wife brought a joint motion to voluntarily dismiss their respective petition and counterpetition that were on file.   At the hearing on the motion for voluntary dismissal, the court granted the motion.  But, it entered judgment against the husband in favor of the wife’s former counsel in the amount of $7,500.  This was [...]

By | May 29th, 2020|Uncategorized|0 Comments

TRIAL COURT IMPUTED INVESTMENT INCOME TO WIFE FOR SETTING CHILD SUPPORT AND MAINTENANCE

The trial court was calculating child support and maintenance.  It found that the wife was awarded $1,136,535 in investments and $471,500 in cash.  It applied a 6.5-percent rate of return to $950,000 of those assets.  That took into account the amount that the wife had to pay off certain debts.  Wife appealed. This was a [...]

By | May 29th, 2020|Uncategorized|0 Comments

INTERIM FEE AWARD FOR NON-PETITIONING PARTY IS REVERSED

The trial court created a $750,000 litigation fund as a result of the wife’s petition for interim and expert fees and costs.  The husband refused to deposit the required $550,000. Husband argues that the evidence does not support a finding that he had the ability to pay the $550,000 interim fee order. According to husband, [...]

By | May 29th, 2020|Uncategorized|0 Comments

PHYSICAL ABUSE AND HARASSMENT ARE BOTH ABUSE FOR AN ORDER OF PROTECTION

The ex-girlfriend sought an order of protection.  The trial court ordered a two year, plenary order of protection against the ex-boyfriend.  He appealed.  On appeal, he argues that the trial court erred in entering a plenary order of protection against him based upon the evidence presented at trial. The issue raised was whether the trial [...]

By | May 29th, 2020|Uncategorized|0 Comments

TWO CASES INVOLVING THE SAME SUBJECT MATTER-HOLD OFF ON ONE FOR NOW

Plaintiffs sued their son (Dale) and his wife (Tammy).  They alleged that they owed them money relating to son's farming operation. Throughout the proceedings in this case, Dale and Tammy Lisk were involved in a pending divorce case in Schuyler County. Plaintiffs filed four amended complaints.  Each complaint was dismissed for failure to state a [...]

By | May 29th, 2020|Uncategorized|0 Comments

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