April 2020

COURT HAS CONTINUING AND INDEFINITE JURISDICTION

By | April 24th, 2020|Uncategorized|

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 [...]

YOU DON’T KNOW WHAT A DATING RELATIONSHIP IS?

By | April 17th, 2020|Arlington Heights Protective Order Assistance in Family Violence Cases|

Following a jury trial, defendant was found guilty of domestic battery.  He was sentenced to 2½ years’ imprisonment.  He appealed. He argues contends that he was not proven guilty beyond a reasonable doubt.   He claims that the State failed to present sufficient evidence that he was in a “dating relationship” with the victim. A rational [...]

I’M NOT GOING TO A BEHAVIORAL COACH FIRST!

By | April 17th, 2020|Uncategorized|

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 [...]

I’M NOT GOING TO A BEHAVIORAL COACH FIRST!

By | April 17th, 2020|Uncategorized|

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 [...]

CASE SHOULD HAVE BEEN RESOLVED IN ILLINOIS

By | April 17th, 2020|Interstate and International Custody Issues|

Husband filed a petition for legal separation from his wife.  She resided in Oklahoma with the parties' two children.   The trial court dismissed his petition.  Husband appealed. On appeal, he claimed that the trial court erred in dismissing his petition.  He argued that Illinois is the only court with jurisdiction under the Uniform Child-Custody Jurisdiction [...]

YOU HAD YOUR CHANCE #2

By | April 16th, 2020|Uncategorized|

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 [...]

YOU HAD YOUR CHANCE

By | April 16th, 2020|Uncategorized|

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 [...]

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

By | April 15th, 2020|Child Support|

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support arrearage was $5,701.  This was for the years 2009 through 2014.    The Court, in 2018, calculated mandatory statutory interest on the arrearage.  It started the interest accrual from February, 2016. The law provides that: “A [...]

WAS A DEVIATION FROM THE GUIDELINES APPROPRIATE?

By | April 10th, 2020|Uncategorized|

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 [...]

January 2020

YOU CAN’T REOPEN SOMETHING YOU CLOSED

By | January 10th, 2020|Uncategorized|

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 [...]