Anderson Boback & Marshall

Maintenance/Spousal Support and the “filing date” Issue

Published January 16, 2017

Under 750 ILCS 5/504, maintenance is calculated pursuant to a certain formula, unless the parties earn over $250,000 gross per year. Then, the Judge has discretion to award a reasonable sum of maintenance, under the circumstances. Interestingly, though, there is an issue which has arisen regarding when the marriage “ends” for the purpose of calculating

Dismissing a Divorce Action in Different Locations

Published January 12, 2017

Categorized as Illinois Divorce

Often times parties move during the course of their marriage, and at the time of the filing of a Petition for Dissolution of Marriage, both parties may be residing in completely different locations, making it inconvenient for one party to attend court at the other party’s location. For such reasons, case law allows for the

Having Children Outside of a Marriage

Published January 9, 2017

Categorized as Illinois Divorce

It is not required for two people to be “legally” separated in Illinois in order for them to pursue other relationships. This can happen while a divorce is pending, or while parties are otherwise estranged. Illinois is a no fault state, so other than the risk of dissipation of assets, for the most part, Judges

Should a Child Be Returned to Another Country Under the Hague Convention?

Published January 5, 2017

Categorized as Child Custody & Visitation

In an increasingly mobile world, it is oftentimes hard to determine what country a parent, especially a child, resides in. As a result, several countries are signatories to the Hague Convention which allows for the return of a child to the state in which the child is a “habitual resident”. Given the problems that can

Is a tax refund considered yearly income?

Published January 4, 2017

Categorized as Child Custody & Visitation, Illinois Divorce

Well, in this particular case, the Third Appellate District determined that it was not: In re Marriage of Eastburg, 2016 IL App (3d) 150710. The Petitioner, mother of the children and residential parent with majority parenting time filed a petition in October 2014 to modify child support based on the Respondent’s (father’s) current income.

Year: 2017

Maintenance/Spousal Support and the “filing date” Issue

Dismissing a Divorce Action in Different Locations

Having Children Outside of a Marriage

Should a Child Be Returned to Another Country Under the Hague Convention?

Is a tax refund considered yearly income?

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