Despite the friendly and innocuous name, divorce and family law can be complex, and at times cut-throat. Thankfully for all parties involved, an experienced Champaign divorce mediation attorney can unquestionably help to address any legal conflicts and protect the interests of their clients. Family law is a broad area. It involves many different potential disputes, all of which can be …
Babies are expensive. Getting married is expensive. Having a wife is expensive. All of these are considerations to be had when you have support obligations arising out of a first marriage. Many people think that since the payor (the one paying support) has a “new family,” the obligation to the first spouse will cease. This is not the case. In …
I just love it when my writing hits the press! And I especially love it when it combines my two passion areas — family law and agriculture law. I am honored to have authored the Fact Sheets on family law issues in agriculture with the National Agriculture Law Center. You can review them individually here or the packet here.
Spousal maintenance in some states is formulaic, while others rely on case law. In either scenario, there needs to be a determination of income (not assets). For most involved in farming and ranching or other kinds of agri-business, determining income is anything but straightforward. Typically, a spouse is required to pay for his/her health insurance after the divorce, but if …
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 …
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 …
Here are some recent answers from some questions I received on the Big D’s (Divorce, Debt, and Death): 1. What should people know when it comes to your spouse¹s debt when it comes to death or divorce? In most states, all debt obtained by either party after the date of the marriage is considered marital debt while debt incurred before …
The new spousal maintenance law signed into law by Andrew Cuomo at the end of September changes the concept of enhanced earning capacity in terms of looking at as an asset subject to equitable distribution. In the previous law, if a party earned a license or professional degree during the marriage, it was considered an asset to be divided …
On September 25, 2015, New York governor, Andrew Cuomo, signed into effect legislation that has changed guidelines set for determining temporary spousal support. These guidelines for temporary maintenance go into effect October 26, 2015. One of the major changes under the new bill is the reduction in the income cap from $543,000 to $175,000. Additionally, starting on January 31, 2016 …
In late September, new maintenance legislation was signed into law in New York. The new bill changes the guidelines for calculating post-divorce maintenance. The law goes into effect January 25, 2016. Similar to the temporary maintenance guidelines, the income cap for post-divorce maintenance is also $175,000. Additionally, the court makes the determination of which formula to use based on which …