When two people get divorced, the court allocates marital property among the parties. Previously, family pets were considered “property” and were allocated as such. The seminal case in Illinois to address issues with family pets was Marriage of Enders, which was decided in 2015. In this case, the parties…
DuPage County Divorce Lawyer Blog
Who Gets “Custody” of a Child When a Parent Dies?
You have just received shocking news that the mother or father of your child has passed away. Suddenly, you are in the position to take a more prominent role in your child’s life by having your child live with you, possibly indefinitely. Who is stopping you from asserting this role?…
Is Past-Due Child Support Collectible at Any Time? Or Is There a Deadline?
In Illinois, there are very specific laws related to enforcing and collecting money judgments. There are even more specific laws as well as unsettled caselaw related to if and how those collection laws apply to child support in domestic relations cases. Are there time limits to within which a parent…
Retirement and the Obligation to Pay Maintenance
Congratulations! Your dream of retiring is about to become a reality. You’ve worked hard your whole life. Sure, the divorce set you back financially, but it was years ago. You have prudently saved and invested your money. It wasn’t easy to do, especially having to write that maintenance (alimony) check…
Attorney Fees and Costs for Enforcement of a Court Order in Illinois
Scenario: A motion has been filed in your case to obtain some general relief in family court, such as maintenance, child support, or parenting time. The judge in your case has heard all the facts and considered the evidence. A hearing or trial has taken place, and the judge has…
Wasting Marital Money: Illinois Divorce Law on Dissipation
The dictionary definition of “dissipation” is waste by misuse, to spend or use wastefully or extravagantly, to squander, to deplete. The definition contained in the Illinois Marriage and Dissolution of Marriage Act refers to a spouse’s wasting of marital assets during while a marriage is undergoing an irretrievable breakdown. What…
Exclusive Possession of the Marital Residence: Who Leaves?
Many couples continue to reside together in the marital residence during divorce proceedings, even when the thought of having to continue to live with their spouse is terribly unpleasant. This may be especially true when there are children involved. But what happens if the living situation becomes especially sour or…
DuPage County Children’s Center
In many custody disputes, allegations of abuse against children are thrown around. Sometimes, people use this simply as a means of mudslinging to gain an upper hand in the court’s eyes against the opposing party. However, other times, even the slightest indication of abuse can reveal a Pandora’s Box, leading…
Are Individual Federal Income Taxes Dischargeable in Bankruptcy?
The answer is, it depends. Generally, federal income taxes that are due and owing are non-dischargeable in bankruptcy, meaning that even if the bankruptcy eliminates a person’s other secured or unsecured debt, the tax debt he or she has will remain. In very limited circumstances, outstanding federal income taxes can…
How Much Does the Date Matter when Signing a Prenuptial Agreement?
Imagine the classic scenario: you are presented with a prenuptial agreement on the eve of your wedding, and asked to sign before you make your vows tomorrow. You’ve been together for years and had no idea this was coming. Your soon-to-be spouse earns significantly more than you and has more…