Once it is established that a spouse will be granted maintenance, the next question is: for how long? There’s not much guess work when it comes to the duration of maintenance because it is calculated under 750 ILCS 504(b-1)(1)(B) by a formula. The length of the marriage is multiplied by: • 20% if the marriage was for 5 years or …
Illinois Family Law: Is Adultery a Ground for Divorce?
People oftentimes come into my office asking me this question. As of January 1, 2016, there are no more “fault-based grounds” for divorce in Illinois. Under 750 ILCS § 401 dissolution of marriage is based on irreconcilable differences only. Specifically, it must be alleged that: 1) There is an irretrievable breakdown of the marriage; 2) Efforts at reconciliation have failed; …
Illinois Family Law: Business Interests in a Divorce
A business is an asset. Just because one spouse acquired a business interest before the marriage does not mean that it, or part of it, is not going to be considered marital property. In Illinois, business interest is subject to equitable distribution if: • the business ownership was acquired during the marriage; • there was an increase in value of …
New York Family Law: Retired Pay and Military Divorce
Members of the armed forces can be of various ranks, earning varying salaries. Accordingly, military “retired pay”, similar to a pension, is a valuable (marital) asset. Retired pay is the money a retired military personnel receives every year after retirement until his or her death. Retired pay is paid by the Defense Financing & Accounting Services (“DFAS”). If the former …
Illinois Family Law: Best Interest of the Child Test for Visitation
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Family Law: Grandparent, Sibling and Step-Parent Visitation
Grandparent, great-grandparents, siblings, or step-parents can bring a petition for visitation and electronic communication (i.e., face to face time and electronic-based time) for a child one year of age or older if the denial of visitation by the parent causes harm to the child’s mental, physical or emotional health and if one of the following exists: (A) the child’s other …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
Mediation Roster for Sixth Circuit in Illinois
I’m happy to announce that I was selected to be in the roster of family law mediators for the Sixth Circuit in Illinois. Specifically, I will be mediating custody and visitation issues (i.e., the allocation of parental responsibilities). The Sixth Circuit includes the following 7 Counties: Macon County, Piatt County, Champaign County, Dewitt County, Douglas County and Moultrie County. I’m …
Depreciation of Farm Assets and Child Support in Illinois
Many times clients contact me on a child support matter who own farms and, accordingly, have expensive farm equipment. Farmers usually take deductions on the depreciation of expensive equipment on their tax returns. This MAY affect child support, as a trial court has discretion to include nonrecurring income in calculating net income for child support purposes. See In Re Marriage of …
Illinois Family Law: Relocation with Children
Various reasons prompt a parent to want to relocate with his or her child. Illinois, like most states, has strict procedures to follow when requesting a relocation since the relocation often times jeopardizes the relationship and time spent with the other parent. Relocation refers to three situations in Illinois, dependent on location: The parent moving more than 25 miles from …