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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

INTIMATE DATING RELATIONSHIPS AND MAINTENANCE

Court awarded maintenance to Wife. Husband claimed that Wife had been cohabiting with her boyfriend.   Now ex-Husband petitions to terminate her maintenance because of the cohabitation. There is a rationale behind termination of maintenance when resident, continuing, conjugal cohabitation exists.   It is to prevent the unfairness created when the ex-spouse receiving maintenance becomes involved in [...]

By | March 23rd, 2018|Spousal Maintainence, Uncategorized|0 Comments

ENFORCING AN ORDER VERSUS CHANGING AN ORDER

Husband and Wife divorced in Michigan.   Wife received 25% of Husband’s military pension.   Wife moved to Illinois.  She petitioned to register the Michigan Judgment in Illinois.  Husband did not appear in the Illinois court. An order was entered in Illinois dividing Husband’s military pension to give Wife her fair share.  It modified the original order. [...]

By | March 23rd, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments

WHEN IS A CONSENT NOT A CONTRACT?

SHE was diagnosed with lymphoma.   Her treatment presented the risk of infertility.    SHE and HE froze HER embryos.   SHE and HE had entered into an oral contract.  They had agreed to create pre-embryos that SHE could use to have a biological child in the future.  A few months later, they broke up. SHE was infertile [...]

By | March 23rd, 2018|Family Law Issues, Uncategorized|0 Comments

PROVING STALKING THROUGH SOCIAL MEDIA EVIDENCE

Petitioner filed a petition seeking a stalking no contact order against Defendant.  Attached to the petition was an addendum and several pages of “screen saves”.  They were from social media postings Defendant had written to Petitioner. The addendum showed that Defendant engaged in a course of conduct of stalking.  This took place over  several years.  [...]

WHEN ARE DISABILITY BENEFITS EQUAL TO RETIREMENT BENEFITS?

The parties were divorced.  Afterwards, husband was injured at his job.  He began receiving disability benefit.  He was eligible to receive retirement benefits at that time. Wife filed a petition to receive half of the disability benefits.  She was entitled to one half of his retirement plan under the judgment. Husband was eligible to retire [...]

By | March 16th, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments