May 2019

YOU ARE NOT THE LEGAL BENEFICIARY

By | May 15th, 2019|Financial Issues When Divorcing|

Bruce and Linda were married. Bruce purchased two life insurance policies and an annuity from New York Life, and the Equitable Annuity. At the time Bruce purchased the policies, the beneficiaries of the policies were Linda and their children. Later, Linda filed a dissolution action against Bruce. By agreement of both Bruce and Linda, the [...]

WHERE’S HOME?

By | May 14th, 2019|Family Law Issues|

Wife filed suit for legal separation and maintenance from her husband. He answered and counterclaimed for divorce. The trial court denied wife’s claim for separate maintenance.  It granted the divorce requested in husband’s counterclaim. Wife then contended that the trial court did not have jurisdiction to enter a decree.  She argued that neither of them [...]

DEFAULT JUDGMENT DOES NOT END THE LITIGATION

By | May 14th, 2019|Interstate and International Custody Issues, Uncategorized|

The parties had been married in Iowa. They lived together until wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to husband.  He was then a resident of the state of Georgia.   He was personally served. The petition for dissolution requested that the court award wife a [...]

EMPLOYERS MUST PAY OUT WHEN THEY ARE SERVED WITH A WITHHOLDING ORDER

By | May 8th, 2019|Financial Issues When Divorcing, Post-Decree Issues|

The trial court entered a judgment of dissolution of marriage.   Husband was ordered to pay $370 per month in maintenance to wife when their farmland sells. An auction was held that same month.   The sale did not take place yet. Wife filed a wage garnishment against husband’s employer.  The employer did not pay out to [...]

EX-WIFE’S INTIMATE DATING RELATIONSHIP WAS NOT COHABITATION

By | May 8th, 2019|Maintenance, Spousal Maintainence|

Ex-husband filed a petition to terminate maintenance.   He alleged that his former spouse of 17 years was cohabitating with her boyfriend. The Court denied his petition.   It stated that his ex-wife was not in a resident, continuing conjugal relationship. She was in an intimate dating relationship.  It did not have the permanence of a de [...]

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

By | May 8th, 2019|Child Support|

In the divorce decree, the parties shared custody of their minor child.    A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court took that information into consideration.  As well as the parties’ respective net incomes, maintenance payable by the wife, and the [...]

SHE DID NOT SURRENDER HER PARENTAL RIGHTS, BUT SHE WAITED TOO LONG

By | May 2nd, 2019|Adoption|

The rule is clear.  A consent to adoption form is not equal to a surrender of parental rights.    To have any meaning, section 10(A) of the Adoption Act must be read to provide for irrevocable consent to a specific adoption only. Samuel E. was adopted by Ann.   This was done with the international adoption process. [...]

FATHER’S CONSENT TO ADOPTION REQUIRED

By | May 2nd, 2019|Adoption, Family Law Articles|

Mother and stepfather petitioned for termination of the biological father's parental rights.  They wanted to adopt the child together. The Circuit Court terminated the biological father's parental rights.  This was based on the biological father’s failure to register with the putative father registry. The biological father appealed. The Appellate Court saw that the biological father's [...]

IS THE CHILD AN INDIAN CHILD?

By | May 2nd, 2019|DCFS-related|

The child was adjudicated as a neglected minor on two occasions.    The State alleged that the parents physically abused S.S. or allowed such abuse to occur.   And, and that C.N. was at risk. According to the State's petition, S.S. was hospitalized with two skull fractures, a laceration to the forehead, and bruises to the head, [...]

April 2019

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

By | April 25th, 2019|Child Support, Spousal Maintainence|

The Trial Court initially awarded the wife $6,000 per month for maintenance.  And $6,000 per month for child support for a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the awards.  It then ordered $15,000 maintenance and no child support.  Should the maintenance terminate while the child remains unemancipated, then [...]