Maintenance

/Tag:Maintenance

MAINTENANCE-OLD OR NEW GUIDELINES APPLY?

The Trial Court entered an order extending husband's maintenance obligation. Husband appealed.  The original divorce order had provided that wife was to receive maintenance for a period of two years.  She was authorized to seek an extension of maintenance before the two-year period expired. The Appellate Court agreed with the Trial Court.  It said that [...]

By | April 9th, 2019|Spousal Maintainence|0 Comments

DON’T SHOW ANYONE THOSE COMPROMISING PHOTOGRAPHS!

Parties agree on divorce settlement terms.   Husband will pay wife $5200 per month for permanent maintenance.   There were other monetary terms related to the children.   There were property division terms. He executed a trust agreement.  He would transfer to a trustee certain described property, including real estate.   This was for the purpose of securing his obligations. [...]

By | October 11th, 2018|Property Division, Uncategorized|0 Comments

MAINTENANCE AND THE CASE OF BIGAMY

The term bigamy is defined as getting married to one person while legally married to another person. In Illinois, committing bigamy is a Class 4 felony. If a person is found guilty of this crime, he or she can be sentenced to up to three years in prison. That takes care of the criminal part. [...]

READ THE PRENUP BEFORE YOU SIGN IT

The parties signed a PreNuptial Agreement before they married.  It included a waiver of the right to maintenance. Husband later filed for divorce. Wife argued that she should receive maintenance and a portion of any property which had been acquired during the marriage.  Husband argued that the premarital agreement specifically provided that anything acquired during [...]

By | September 25th, 2018|Financial Issues When Divorcing, Property Division|0 Comments

HARASSMENT AND FREE SPEECH HAVE THEIR OWN DEFINITIONS

Judgment for divorce is entered. It includes the division of the parties' properties and businesses.   It also sets forth the maintenance for wife. Soon after, husband filed a petition to clarify the judgment for dissolution of marriage.   He asked the trial court to resolve a disagreement over wife's maintenance.  And the money wife received from [...]

TRIAL COURT IMPROPERLY REDUCES MAINTENANCE

The parties returned to court 61 months after the divorce. Wife had received maintenance for five years. The court needed to conduct a general review of maintenance.  This had been provided for in the divorce decree. The Court reduced the unallocated maintenance.  This is a combined payment of child support and maintenance.  But, wife's standard [...]

By | July 19th, 2018|Spousal Maintainence|0 Comments

WHEN CAN SOCIAL SECURITY BENEFITS BE CONSIDERED?

A public school teacher filed for dissolution of marriage.  Her husband was a disabled pharmacist.   They had been married for 37 years. The trial court divided the property of the parties between them.   It awarded each party a one-half interest in wife’s pension from the Teachers’ Retirement System (TRS).  It denied wife maintenance.  Wife appealed. [...]

THE NEW MAINTENANCE GUIDELINES APPLY TO OLDER CASES

The new maintenance statute came into effect in Illinois January 1, 2016.  The parties divorced a number of years earlier. They went back to court after their divorce. The issue was modification of maintenance. Husband claimed that he was losing his job. He intended to retire. He argued that there was a substantial change of [...]

By | May 18th, 2018|Maintenance, Spousal Maintainence|0 Comments

WHAT DO YOU MEAN I’M COHABITING?

The parties divorce decree provided for husband to pay maintenance to wife. It was to stop if she cohabited with another person. About a year later, husband filed a petition to terminate maintenance.  The court denied his petition. He appealed. He had argued that wife had been in a dating relationship with another man for [...]

By | April 20th, 2018|Spousal Maintainence|0 Comments

INTIMATE DATING RELATIONSHIPS AND MAINTENANCE

Court awarded maintenance to Wife. Husband claimed that Wife had been cohabiting with her boyfriend.   Now ex-Husband petitions to terminate her maintenance because of the cohabitation. There is a rationale behind termination of maintenance when resident, continuing, conjugal cohabitation exists.   It is to prevent the unfairness created when the ex-spouse receiving maintenance becomes involved in [...]

By | March 23rd, 2018|Spousal Maintainence, Uncategorized|0 Comments