In Illinois, spousal maintenance obligations ends either: (1) automatically based on a date specified in the court order; (2) automatically upon remarriage; (3) when the recipient spouse begins cohabitating with a significant other, which requires the payor-spouse to ask the court; (4) automatically upon death unless a life insurance policy is to be paid to the recipient ex-spouse when the …
Happy New Year! Hope you had a nice holiday season with your family and friends. Another episode of Ag Law Today podcast is live. You can view it here. I am talking about one of my favorite topics with fellow New York City matrimonial lawyer, Sabra Sasson, on the topic of prenupial agreements. A lot of folks get engaged over …
Generally, a non-custodial parent is entitled to reasonable visitation. 750 ILCS 5/607. However, if a court finds that the parent “seriously endangered the child’s mental, mortal, or physical health or…significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child.” 750 ILCS 5/603.10. Actions that limit, restrain, or confine visitation include the following: a requirement ofsupervised visitation; …
Medical records are required to be produced if they are relevant for spousal maintenance. If the spouse requesting maintenance is claiming he or she cannot work because of a medical condition, then the other spouse is entitled to the medical records. During the discovery phase of litigation, the parties may request documents that are relevant to the divorce, including spousal …
When a divorced or separated parent who has physical custody of the child(ren) wants to relocate, he or she is required to give at least sixty (60) days’ prior written notice of the change of residence (“relocation”) to the other parent, unless such notice is impracticable or unless otherwise ordered by the court. See 750 ILCS 5/609.2(d). This notice must …
Supervised visitation requires the presence of a third party during parenting time. 750 ILCS 5/600(m). This restriction on parenting time can only be imposed after a hearing where the court finds the child’s physical, mental, moral or emotional health is “seriously endangered.” This is not as a strict a restriction of termination of parental rights. Instances where supervised visitation may …
A parent very rarely completely loses parental rights altogether; however, it does happen. The court has to find that the parent is unfit to terminate parental rights. 750 ILCS 50/1. Instances where parental rights were terminated include the following examples (case citations are provided): People v. Ferrell, Ill.App.3d 1110 (4th 2002)-Mother’s parental rights terminated where mother had chronic schizophrenia that …
I get a lot of questions during consultation on the factors to determine the allocation of parental responsibilities in Illinois. Although trial court judges are given a lot of deference to take into consideration the totality of the circumstances, the statute sets forth 14 concrete factors (and one catch-all factor) for the court to consider. They are: the wishes of …
As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership. The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …
In New York State, the income cap for maintenance payor’s income in calculating temporary maintenance and post-divorce maintenance has increased to $184,000.00. Here is how maintenance would be calculated in an example where the incomes are as follows: Payor spouse’s Income: $200,000.00 per year. Payee spouse’s Income: $80,000.00 per year. Based on these figures, the adjusted gross income of the …
Cost of Living Adjustment (“COLA”) refers to when child support is increased based on the annual cost of living. If the cost of living, pursuant to the Consumers Price Index for all urban consumers (CPI-U), as published annually by the United States Department of Labor Statistics, increases by at least 10% then an adjustment may be made. It is important …