July 2019

WHAT IS THE PROPER VALUATION FOR A HOUSE IN A DIVORCE?

By | July 15th, 2019|Property Division|

Neither party presented the trial court with expert opinion testimony as to the value of the marital residence and a piece of rental property. The husband testified as to his own personal knowledge of what he believed the combined values of the two properties were worth.  The wife presented evidence as to the assessed value [...]

DISSIPATION-WHAT AND WHEN

By | July 15th, 2019|Property Division|

At trial, the wife testified about and introduced into evidence several spreadsheets.  She argued that they made a basic showing that the husband had dissipated over $160,000.  In unaccounted cash withdrawals from his bank accounts from 2010 through the first half of 2016. Dissipation is the use of marital assets for the benefit of one [...]

FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

By | July 8th, 2019|Child Support|

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to his child. The Circuit Court granted summary judgment against the father.  He appealed. The Appellate Court held that: (1) creditor could hold divorced, noncustodial parent liable under the family expense statute for expenses incurred on [...]

BANK DID NOT IMPROPERLY CONSIDER THE MARITAL STATUS OF THE BORROWERS

By | July 8th, 2019|Family Law Articles|

The Court finds the facts as follows: the borrowers in this loan transaction are Samuel A. Linch, Marcia Penny Linch and Albert C. Randolph. Samuel A. Linch is a real estate developer, and is married to Marcia Penny Linch. Linch and Randolph submitted their formal loan request, each enclosing a personal financial statement. The loan [...]

USING THE EQUAL CREDIT OPPORTUNITY ACT AS A DEFENSE TO CO-GUARANTOR WIFE

By | July 8th, 2019|Family Law Articles|

Chesapeake Bay Builders, Inc. (Bay Builders) executed a promissory note in the sum of $100,000.  It was payable to the order of Chesapeake Bank and Trust. On the same date, Charles H. Eure, Jr., who was a principal in Bay Builders, and his spouse, Louise R. Eure, executed an "Unconditional Guaranty".    They agreed to guarantee [...]

CAN YOU SUE A GUARDIAN AD LITEM?

By | July 2nd, 2019|Guardianships and Conservatorships, The Best Interests of the Child, Uncategorized|

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she suffered in a motor vehicle accident.   The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement.   The plaintiff minor sued her mother.   The [...]

June 2019

MINOR CHILD IS THE JOINT OBLIGATION OF BOTH PARENTS

By | June 24th, 2019|Child Support, Spousal Maintainence|

The Trial Court entered a judgment of dissolution.  It awarded permanent maintenance to the wife.   The wife had spent several years raising their daughter rather than pursuing a career. The Trial Court ordered the husband to pay half of the daughter's private high school tuition.  The husband argued that he should pay less than half [...]

WHEN IS A BIFURCATED JUDGMENT APPROPRIATE?

By | June 24th, 2019|Property Division|

Wife filed a petition for dissolution for marriage.   Husband filed an answer and counterpetition.  He also filed a declaratory judgment action.  He was asking that their antenuptial agreement was valid and binding. At the conclusion of trial, husband's counsel requested the court to enter a judgment of dissolution.   Wife objected. Husband had a serious medical [...]

UH OH, BETTER NOT FIB

By | June 24th, 2019|Family Law Articles|

The issue in this appeal is whether a court may impose sanctions in the form of attorney fees under Illinois Supreme Court Rule 137(a) against a plaintiff to compensate an attorney defending himself against a frivolous cause of action. In support of his request for sanctions, defendant alleged that plaintiff made false statements in his [...]

THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

By | June 11th, 2019|The Best Interests of the Child|

The mother of the minor child filed a petition to change the minor's legal last name.  From that of the child's father (an inmate in Department of Corrections) to that of the minor's stepfather. The Trial Court denied the mother’s petition.  She appealed. The Appellate Court found that the Trial Court had erred.  The Trial [...]