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Child Support Arrearages-Will they ever go away?

Published
Categorized as Child Support

Child support arrearages are support obligations that were not previously paid.  Arrearages do not terminate once the original support obligation is over; they must be paid off over time, even if the child(ren) are now over 18, until they are paid in full (you cannot file bankruptcy on your child support arrearages either).  Arrearages can

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Substitution of Attorneys

Published
Categorized as Divorce Litigation

A potential client called me yesterday to ask me if it was normal or appropriate for people to switch attorneys in the middle of their case.  I informed him that in Illinois, clients do have the right to obtain different attorneys throughout their case but there is a proper procedure that must be followed and

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Maintenance/Spousal Support and the “filing date” Issue

Published
Categorized as Spousal Support

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

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Dismissing a Divorce Action in Different Locations

Published
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

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Having Children Outside of a Marriage

Published
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

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