November 2018

SIGN THE PRENUP OR NO MARRIAGE

By | November 8th, 2018|Financial Issues When Divorcing, Uncategorized|

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 [...]

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

By | November 8th, 2018|Child Support, Interstate and International Custody Issues|

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than [...]

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

By | November 8th, 2018|Family Law Articles, Post-Decree Issues|

Attorney had represented husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was no longer the husband’s attorney. Attorney filed a petition for payment of final fees and costs from husband. The petition requested payment from husband of $48,000 in unpaid attorney fees. A hearing took place. The court [...]

EVEN EXTREME CIRCUMSTANCES DON’T EXCUSE LACK OF INTEREST IN A CHILD’S LIFE

By | November 2nd, 2018|DCFS-related, Uncategorized|

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 [...]

DON’T FORGET THERE IS A FAMILY EXPENSE STATUTE

By | November 2nd, 2018|Family Law Articles, Uncategorized|

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 [...]

WHAT IF THERE IS MORE THAN ONE REASONABLE INTERPRETATION?

By | November 2nd, 2018|Financial Issues When Divorcing, Post-Decree Issues, Uncategorized|

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 [...]

October 2018

GUARDIAN CAN FILE FOR DIVORCE FOR THE WARD

By | October 25th, 2018|Guardianships and Conservatorships|

This case considered whether the court should overrule the long-standing case of In re Marriage of Drews, 115 Ill.2d 201 (1986).   The Drews’ case held that a plenary guardian was not able to initiate dissolution of marriage proceedings on behalf of the ward. The answer is ‘yes’.  This court believed that a guardian does have [...]

TERMINATION OF OBLIGATION TO PAY MAINTENANCE

By | October 25th, 2018|Maintenance, Spousal Maintainence|

Wife was not entitled to rehabilitative maintenance.   She had been cohabiting with another man on a continuing, conjugal basis.  There had been no subsequent reconciliation with her husband. “Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance [...]

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

By | October 25th, 2018|Child Support, Maintenance|

Former wife appealed from an order of the court.  She had been receiving $1,000 per month for unallocated maintenance and child support.  The court reduced that amount to $430 per month in child support.  She was no longer entitled to maintenance as she had remarried. Her maintenance payment was terminated as of the date of [...]

HOW MUCH UNFITNESS IS ENOUGH?

By | October 18th, 2018|DCFS-related|

Mother was arrested and charged with child endangerment.   There were two fathers for all of the children.  Chicago police discovered the minors asleep in an unheated vehicle. Mother pleaded guilty to child endangerment. She was sentenced to 18 months of supervision. The minors and M.A. were later returned to mother’s custody.   The case was closed. [...]