Question: What if a petition for college expenses is filed after a child graduated from college but while my divorce is pending? Answer: I think the main question here is whether or not the court has the authority to decide the issue because there has not been a settlement agreement binding the parties and there
Read MoreContinuing a further discussion from the last two blog posts that I have written, I want to touch base on another scenario regarding college expenses and your obligation to pay them on behalf of your children. Last time we discussed what it means to have what is called Section 513 expenses reserved in the Judgment
Read MoreFollowing up some additional information to my last blog article about a parents obligation to pay for their children’s college expenses, comes some additional interesting scenarios that are important to keep in mind. What if my Judgment for Dissolution states that Section 513 college expenses are reserved? What happens to my obligation to pay
Read MorePursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), it allows a divorced parent to compel the other to contribute to their children’s school educational expenses. Additionally, you can also be compelled to pay for educational expenses for the children as well, which include travel to and from college, room
Read MorePursuant to the Illinois Income Withholding for Support Act, individuals owed child support have the option to have the child support owed to them directly withheld from the obligors paycheck. Child support is not the only way to utilize money being withheld through a Notice to Withhold, you are also able to directly receive maintenance
Read MoreAlthough the Illinois civil union law has for the past 2 years provided that any couple, regardless of their gender could be provided a civil union, same sex couple did not get part take in the benefits of a marriage itself. Under the Defense of Marriage Act (“DOMA”) signed into law in 1996, the federal
Read MoreChild support is ALWAYS modifiable – even if you have an agreement that says otherwise. If you’re considering modifying your child support payments, call our office to work with the attorneys who have the experience, expertise, and resources to protect your rights. Modification of Support (Increase): A custodial parent may seek an increase in child
Read MoreBifurcation by definition means the splitting of a main body into two parts. In a divorce proceeding, it is asking the court to divide the case into separate stages, one on the grounds for the divorce and one on the financial issues. The primary advantage of bifurcation is that it permits the court to divorce
Read MoreThe answer is NO. On May 24, 2012, the Illinois Supreme Court heard a case called In re Marriage of McGrath. In McGrath, Mary and Martin were divorced in 2007. The settlement agreement stipulated that Mary would have custody of the parties’ two children, and Marin would pay child support. The parties agreed to postpone
Read MoreIn a recent case In re Marriage of Wendt, that came down from the First District Appellate Court on August 16, 2013, the answer is no. The Appellate Court held that a nonvested discretionary bonus accrued during the marriage, but received after entry of a judgment for dissolution of marriage, is NOT marital property. The
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