May 2020

TRIAL COURT IMPUTED INVESTMENT INCOME TO WIFE FOR SETTING CHILD SUPPORT AND MAINTENANCE

By | May 29th, 2020|Uncategorized|

The trial court was calculating child support and maintenance.  It found that the wife was awarded $1,136,535 in investments and $471,500 in cash.  It applied a 6.5-percent rate of return to $950,000 of those assets.  That took into account the amount that the wife had to pay off certain debts.  Wife appealed. This was a [...]

INTERIM FEE AWARD FOR NON-PETITIONING PARTY IS REVERSED

By | May 29th, 2020|Uncategorized|

The trial court created a $750,000 litigation fund as a result of the wife’s petition for interim and expert fees and costs.  The husband refused to deposit the required $550,000. Husband argues that the evidence does not support a finding that he had the ability to pay the $550,000 interim fee order. According to husband, [...]

PHYSICAL ABUSE AND HARASSMENT ARE BOTH ABUSE FOR AN ORDER OF PROTECTION

By | May 29th, 2020|Uncategorized|

The ex-girlfriend sought an order of protection.  The trial court ordered a two year, plenary order of protection against the ex-boyfriend.  He appealed.  On appeal, he argues that the trial court erred in entering a plenary order of protection against him based upon the evidence presented at trial. The issue raised was whether the trial [...]

TWO CASES INVOLVING THE SAME SUBJECT MATTER-HOLD OFF ON ONE FOR NOW

By | May 29th, 2020|Uncategorized|

Plaintiffs sued their son (Dale) and his wife (Tammy).  They alleged that they owed them money relating to son's farming operation. Throughout the proceedings in this case, Dale and Tammy Lisk were involved in a pending divorce case in Schuyler County. Plaintiffs filed four amended complaints.  Each complaint was dismissed for failure to state a [...]

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 [...]