Divorce litigation affects children, especially if they are living in a contentious atmosphere. In an effort to minimize the impact of the legal process on children, counties in Illinois have implemented programs and procedures to keep children out of the courtroom, and facilitate resolution of parenting issues in domestic relations…
Section 504 of the Illinois Marriage and Dissolution of Marriage Act addresses maintenance. The Internal Revenue Service calls it “alimony” on tax forms, and it’s sometimes called spousal support. Under the law, upon the entry of a judgment for dissolution of marriage (a divorce decree), one spouse may be…
Under Illinois law, child support may be modified upon a substantial change in circumstances. Normally, a job loss is considered a substantial change in circumstances which would warrant a modification of child support, but sometimes it isn’t. This post discusses two cases, and the reasons why the courts reached different…
In Illinois, during a divorce, either party can ask the court to order the other party to pay some or all of his or her attorney fees while the case is pending. Section 501(c-1) of the Illinois Marriage and Dissolution of Marriage Act provides in pre-judgment (pre-decree) divorce cases, the…
In this current economy, many people find themselves underwater in their mortgage payments, credit card debts, car loans, student loans, and the like. In certain situations, filing for bankruptcy may seem like a “get out of jail free” card to rid yourself of all the suffocating debt that you’ve racked…
Changes to Illinois’ Child Support statute are imminent. On June 27, 2016, House Bill 3982 was sent to Governor Rauner for his approval, and on August 12, he signed it. It is currently scheduled to become effective July 1, 2017. Among the changes in HB 3982 is the revision of the…
When going through a divorce, one thing parties are tasked with is dividing the marital estate. This involves dividing marital assets, and allocating the responsibility of marital debts as well. Debt that is incurred during the marriage is presumed marital. But what if the debt is for student loans…
Fertility treatments and agreements for the purposes of preserving fertility down the road have become more commonplace in recent years. When disputes arise regarding who has control of the embryos, Illinois courts will look to contract law to resolve them. In the case of Szafranski v. Dunston, the parties, Jacob…
Imagine the following scenario: Kim and her boyfriend Kanye decide they want to get married. Kim and Kanye have acquired a lot of money, bling, and swag throughout their years of work in music and promotions. Kim, being the more cautious one, decides that before she and Kanye get married,…
It is common for a child support payor to be required to pay a percentage of any additional income above and beyond a base percentage of his or her income. This additional income may include, for example, bonuses, commissions, or work from side jobs. Illinois courts define income as…