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MAKE SURE YOU ARE USING VALID REASONS FOR NOT ANSWERING

Defendant appeals from the order of the Circuit Court compelling her answers to certain questions. They had been asked during the taking of her discovery deposition. Plaintiff was awarded his costs for the noncompliance by defendant. Plaintiff's attorney had requested that the defendant produce certain documents within 28 days. It was now a day or [...]

By | December 5th, 2018|Family Law Articles, Uncategorized|0 Comments

THE VOW OF MARRIAGE TO CARE FOR A SPOUSE UNTIL DEATH….

The divorce court first listed all of the various items of property. It then placed a total value on each item of property. In this case that total value was $2,847,964.51. The court then determined which items of property were marital and which items were nonmarital. The trial court concluded that husband was entitled to [...]

By | November 27th, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments

IS IT A NONMARITAL ASSET OR IS IT MARITAL INCOME?

The divorce court classified husband's interest in the retained earnings of a closely held subchapter S corporation as nonmarital property. It awarded wife approximately 60% of the marital estate. Wife appealed. Wife maintained that the retained earnings should be classified as a marital asset. Because they are not corporate assets but rather income available to [...]

By | November 27th, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments

COURT ALSO CONSIDERS THE NONMARITAL PROPERTY

Wife has nonmarital assets of $1 million. The previous year, it had generated income of $69,000. The record additionally reflects wife has experience teaching high school students. Wife could increase her income if she chose to return to teaching. Husband has no nonmarital assets. He has nonmarital debts of $70,000 from the business. He earned [...]

BATTLE OF THE EXPERTS

Parties divorce. Wife appealed a number of issues. One of them is the valuation of husband’s share in a corporation. The Appellate Court did not agree with Wife’s arguments for the valuation. Wife’s expert, Lipman, testified that the capitalization of excess earnings method is generally employed in divorce cases. He wrote a valuation report. He [...]

By | November 17th, 2018|Property Division, Uncategorized|0 Comments

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