Posted on March 10, 2015 in Divorce

In 2012, an Illinois appellate court considered a dissipation case called In re Marriage of Berberet. Dissipation occurs when one or both spouses waste marital assets to prevent the other spouse from receiving those assets during a divorce. Under Illinois law, dissipation refers to a person’s use of marital property for his or her sole benefit for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown.

Berberet involved several issues related to dissipation. For example, the wife claimed dissipation when the husband took a trip with their children during the divorce proceedings, in addition to a solo hunting trip and a trip to Las Vegas. The court found that these trips did not constitute dissipation because they were not unusual or inconsistent with the lifestyle established during the marriage. In fact, the husband had taken similar trips in the past, and the wife had also taken similar trips with the children.

Continue Reading ››

 Posted on February 18, 2015 in Family Law

Illinois does not recognize alimony between unmarried couples, commonly referred to as palimony. Palimony, similar to alimony (maintenance), is an arrangement whereby one partner makes support payments to the other partner after the relationship ends. This law was established by the Illinois Supreme Court in 1979. However, a state appellate court recently held that the Supreme Court’s decades-old decision has been rendered obsolete.

The appellate case involves domestic partners (Jane and Eileen) who met in the 1980s. During their years together, the couple raised and cross-adopted three children. They also merged their finances, purchased real estate and registered as domestic partners in Cook County in 2003. After the relationship ended in 2008, Jane moved out of the house that they had purchased together. Two years later she filed a petition seeking to divide the value of the house. Eileen filed a counterclaim, arguing that she should have sole title since she had been a stay-at-home mom while the children were young, Jane’s medical partnership was purchased with common funds and Eileen had assumed maintenance costs after Jane moved out.

Continue Reading ››

 Posted on February 11, 2015 in Alimony / Maintenance

When a couple divorces, the court often orders one party to make maintenance (alimony) payments supporting his or her former spouse. Generally, this maintenance amount may only be modified or terminated if there has been a substantial change in either party’s circumstances. The court will consider various factors when considering a party’s petition for modification or termination, including:

• Changes in employment status, and whether the change was made in good faith (i.e.,  if the receiving spouse quits his or her job for no reason and then seeks additional maintenance, that change was not made in good faith);
• Whether the receiving spouse is making reasonable efforts to become self-supporting;

Continue Reading ››

 Posted on February 02, 2015 in Child Custody

A Missouri mother whose teenaged son became a temporary ward of Illinois after a local judge found that she interfered with his medical treatment is fighting back. She has rallied support from Missouri lawmakers, who are considering legislation that would protect guardians from abuse charges when they seek a second opinion from a licensed health care provider and follow that provider’s treatment advice.

The Illinois court’s decision to place the Missouri teen in temporary protective custody due to alleged child medical neglect is not the first – or last – of its kind (although the fact that Illinois is not the teen’s home state does distinguish his case from some of the others). Similar cases have appeared elsewhere across the United States. For example, the Connecticut Supreme Court recently held that the state can require a 17-year-old girl to receive chemotherapy treatment.

Continue Reading ››

 Posted on February 28, 2014 in Divorce

There was a time when divorce, same sex marriage and same sex divorce, civil unions and their dissolution, asset distribution, and a host of other family law related issues were non-existent or, at the very least, were very rarely discussed. That is not the case anymore, and the question remains: what has led to this progressive level of thinking? There is not a single encompassing answer, but the changes are occurring rapidly.

Divorce

Divorce was a rare occurrence at one time, and it seems likely that education, technology, and shifting beliefs have all attributed to the increase in divorce rates across all age ranges. Many married couples are still finding a way to make it work, but others choose to opt out.

When the marriage fails to work, there are numerous questions which must be addressed. When those questions arise, a good starting place for those in Illinois is 750 ILCS 5, but in order to interpret all of the nuances which accompany the Illinois Marriage and Dissolution of Marriage Act, you need an experienced family law attorney.

Continue Reading ››

 Posted on January 19, 2014 in Divorce

Continue Reading ››

 Posted on January 14, 2014 in Divorce

One of the most important issues facing spouses in a divorce involves their living arrangements. Homeowners, unsurprisingly, must consider their legal rights upon the division of marital property such as the house and furniture. However, renters must also consider their legal rights under their current lease for their rented home.

The Lease Is Marital Property

The home that spouses or families share is typically called the marital home or residence. Types of marital homes can include, but are not limited to, single-family houses, attached homes, apartments, mobile homes, boats, and trailers. When the marital home is a rental property, spouses’ rights in that property are called a leasehold. The leasehold, rather than the rented property, is what courts consider marital property to be divided upon divorce. Accordingly, divorcing spouses may have to address lease rights in their divorce settlement documents that discuss the current lease and or future rental leases.

Continue Reading ››

 Posted on January 03, 2014 in Divorce

Child Custody agreements for any family can become a convoluted, strenuous battle that can take several years to finally be resolved. A prime example of the stress that encompasses child custody disputes is the case Redmond v. Redmond, which involves a local Illinois woman who became engaged in a child custody battle with her child’s father, a citizen of Ireland.

The Battle Overseas

The couple in this case, Mary and Derek, met each other in Ireland. Although they were never married, they lived together in Ireland for 11 years. Their son, however, was born in Illinois, but the three of them returned to Ireland 11 days after the birth.

A few months later, however, Mary moved back to Illinois against Derek’s wishes. Although their child is a citizen of the United States, Derek argues that he should have joint custody of their child. The U.S. Appeals Court ultimately held that their son should be returned to the United States while the custody order is pending. With the various legal complexities, including unmarried parents and parents with different citizenships, this case may take several years before it is finally resolved. The Redmond case proves just how costly and exhausting child custody cases may become, and how many different issues can arise in each unique case.

Continue Reading ››

 Posted on December 25, 2013 in Divorce

Continue Reading ››

 Posted on October 22, 2013 in Divorce

If the department managing child support has handed down a decision in your case that you do not agree with, you can appeal via a written request to the department within the time frame listed in your notice by working with your family law attorney. When you receive your notice, keep track of the contact information and dates listed in that documentation. Staying on top of the dates and being prepared goes a long way towards getting you a fair child support appeal hearing. You can only request an appeal or a change in child support amounts when there are significant circumstances in your life or the life of the child that warrant such a change. For example, a job loss or a reduction in income for the non-custodial parent is an adequate reason for an appeal. If you do appeal for an additional hearing, the review of your request will depend on submitted documentation. Some examples of commonly submitted documents include an amended or new court order and copies of any circuit clerk payment ledgers that have not previously been provided by you. Crafting a letter to the department will initiate your appeal hearing. You must include the reason you are appealing and details about the initial finding from the department. When you submit these documents, be sure to include our name, Social Security number, the name of the custodial parent, the order docket number, and your child support case number (this one starts with a "C"). These details should be included in any communication and documentation send to the child support department. If you are missing some of the documents needed to start your appeal, do not hesitate to send in what you have already, since the time frame for appealing is a firm deadline and could terminate your option to appeal at all if you do not adhere to it. Going through a child support case, and especially finding out that the determination obtained is not what you were expecting, can be difficult. Knowing the steps in a child support case and determination is important for putting your mind at ease. If child support will be an issue for you, contact an experienced Kane County family law attorney today to schedule a consultation about a child support appeal.

Continue Reading ››