November 2019

DON’T ARGUE OVER STUFF THAT DOESN’T MATTER

By | November 9th, 2019|Uncategorized|

Parties are divorced already.  The circuit court granted the wife’s Petition to increase child support.   She also filed a Petition for contribution to her attorney’s fees.  For most of the case, husband did not have an attorney.  Husband appealed on a number of grounds. Husband’s first argument on appeal is that the circuit court lacked [...]

I DIDN’T KNOW HE DIDN’T PAY THE MORTGAGE

By | November 7th, 2019|Uncategorized|

During trial, wife testified that the marital residence had been listed for sale at $279,000 with two outstanding mortgages, totaling $170,000. The parties agreed that the residence had roughly $100,000 in equity. To wife’s knowledge, husband had paid all mortgage and tax payments.  He had not. Then, judgment for foreclosure and sale of the marital [...]

WHY DIDN’T YOU COME FORTH EARLIER?

By | November 7th, 2019|Uncategorized|

 The court entered an order finding that Respondent father was unfit to parent his 4-year-old minor child.  It was in the minor's best interest to terminate his parental rights. The juvenile court expressly found Respondent not to be credible.  The court was permitted to take into account the fact that Respondent had knowingly remained uninvolved [...]

October 2019

DEBT IS NOT TO BE TREATED AS A CREDIT FOR FATHER’S CHILD SUPPORT OBLIGATIONS

By | October 31st, 2019|Financial Issues When Divorcing|

The Marital settlement agreement (MSA) provided that husband owed wife a child support arrearage in the amount of $79,301.44.  He would repay that debt by reimbursing each of the 3 children's section 529 plans accordingly.    The parties  would jointly bear the children's higher education expenses.  The MSA did not provide that husband's repayment of the [...]

SWAPPING PROPERTY OBLIGATIONS

By | October 23rd, 2019|Property Division|

Pursuant to the terms of the divorce judgment, husband was to make three $5,000 payments to wife over a one-year period. Wife was also to receive specified marital property. Husband was to receive the remainder of the property. Each of the parties subsequently filed petitions for rule to show cause.  Each alleged that the other [...]

PAY YOUR CHILD SUPPORT AND THEN GO AFTER MONIES OWED TO YOU

By | October 23rd, 2019|Uncategorized|

The Court refused to offset the father’s unallocated maintenance and child support arrearage by the amount he allegedly paid to third parties for the mother’s benefit.  The support order was not modifiable by the father alone.  The court refused to order mother to reimburse father for monies he had paid to third parties for her.  [...]

RETIREMENT AND DISABILITY BENEFITS

By | October 21st, 2019|Financial Issues When Divorcing, Post-Decree Issues, Property Division|

After court entered judgment of dissolution.  Husband died.  Then, wife (Jodi) filed 3rd-party complaint against Mary.  Mary was husband's wife at the time of his death.  Jodi alleged that Mary was unjustly enriched because she was receiving a pension as surviving spouse of a disabled firefighter under Section 4-114 of Pension Code. The Trial Court [...]

ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

By | October 18th, 2019|Child Support|

Ex husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though ex husband's overnight custody had grown from 15% to 45%. The court explained that ex husband's increased share of custody was too long ago. It had taken place five [...]

IS MOTHER TOO LATE TO DECLARE THAT THE MAN IS NOT THE CHILD’S DAD?

By | October 18th, 2019|Paternity|

Mother requested that the Court enter an order declaring the non-existence of a parental relationship.  She had informed the court and her guardian ad litem that the Man might not be the minor child’s biological father. The Man argued that because Mother’s petition was not timely.  He argued that Mother had become aware of this [...]

SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX HUSBAND

By | October 18th, 2019|Child Support|

The trial court held numerous hearings on multiple postjudgment issues.  These issues had been pending for several years.  The trial court entered an order denying a finding of contempt against ex husband for nonpayment of child support expenses.  Ex wife appealed. The appellate court reversed.  It held that the ex wife had met her burden.  [...]