April 2020

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 [...]

IS THIS A REVIEW OR A MODIFICATION OF MAINTENANCE CASE?

By | January 10th, 2020|Uncategorized|

The Trial Court entered an order extending maintenance wife until husband, a pilot, retires.  The Trial Court also refused to award permanent maintenance. Wife did not seek employment for 2 1/2 years after the divorce, but she was never informed that she had a duty to seek training or education to continue receiving maintenance.   Wife [...]

FATHER DID NOT PRESENT SUFFICIENT EVIDENCE TO LOWER CHILD SUPPORT HE PAID

By | January 10th, 2020|Uncategorized|

Father filed a motion to modify his child support obligation. After the hearing, the trial court properly denied father’s motion. The court found that no substantial change in circumstances had occurred warranting modification.  Father appealed. The Appellate Court stated that, typically, a substantial change in circumstances means the child's needs, the non-majority parent's ability to [...]

December 2019

HUSBAND HAD EMPLOYMENT OPTIONS OTHER THAN STOPPING TO WORK

By | December 5th, 2019|Uncategorized|

The Trial Court granted husband's motion to terminate maintenance.  It found that his decision to retire from his job as an ER physician was made in good faith.  The Trial Court barred the use of a report of wife's controlled expert, an ER physician.  It had been properly disclosed by wife, so it was no [...]

November 2019

MARRIED AND UNMARRIED PARENTS HAVE AN OBLIGATION FOR CHILD’S COLLEGE EDUCATION

By | November 26th, 2019|Uncategorized|

Mother filed a contribution petition requesting that father be ordered to pay an equitable share of the anticipated college costs under Section 513 for their daughter.  The parties had never married.  Their paternity order was silent on their obligation to contribute to their daughter’s college expenses. Father’s response admitted that he had the financial ability [...]

GRADUAL REINTRODUCTION OF FATHER TO HIS SON

By | November 25th, 2019|Uncategorized|

Mother and father are the biological parents of L.W.   The parties were never married.   Father had been very abusive in their relationship.  Mother filed a parentage petition.   The child was a toddler. The facts include that father had successfully interviewed for a job that required frequent travel. As a result, father was sporadically present after [...]

PARTIES BOUGHT CREDITS FOR HUSBAND’S PRE-MARRIAGE MILITARY SERVICE

By | November 25th, 2019|Uncategorized|

Is permissive pension service credit based on time served in the military marital or nonmarital property?  The court needed to look at the facts of the case, of course. The parties had purchased permissive service credit in the Illinois State Retirement System during their marriage.  It was based on time the husband had served in [...]