An opinion from the 5th District was recently decided in the case of Sandra Schell v. Mark Schell regarding whether an inherited IRA was considered income for child support purposes. The court was required to decide whether mandatory distributions or withdrawals taken from an inherited IRA – individual retirement account – containing money that has
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Husband Appeal on Non-Modifiable Spousal Maintenance Award is Unsuccessful
The parties signed an agreement that the husband would pay non-modifiable maintenance but then he quit his job. Husband sought to modify the maintenance agreement then, stating that the agreement was required to expressly include the terms “amount, duration, or both” were non-modifiable, and since it did not, he was allowed to modify. The appellate
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Termination of Spousal Maintenance or Alimony Due to Cohabitation
Alimony – or maintenance as it is now referred to in Illinois – is spousal support payable from one spouse to the other in a divorce case. Under Illinois law, the right to receive this spousal maintenance terminates if you “cohabits with another person on a resident continuing conjugal basis.” There is no definition of
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Divorcing a Financially Abusive Spouse in Illinois
You want to divorce your financially abusive spouse. So, what exactly does that mean? Some people do not realize that they are victims because they have always let their spouses handle the money. Your spouse controls everything, from how much you are allowed to spend on groceries, to how much money is spent on the
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Fulfilling Support Obligations During Stay-at-Home Order
So many Americans are struggling due to the financial implications of COVID-19. A lot of Americans – including Illinois families – are still unable to work and losing a lot of income because many establishments closed as a direct result of the stay-at-home order. While the stimulus package should have helped some Americans, it most
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When is the Time for Termination of Spousal Maintenance?
When it comes to termination of spousal maintenance or spousal support (previously known as alimony), things can get tricky. To save yourself the headache that often comes with early termination of spousal maintenance, be sure to set up clear “terminating events” in the spousal maintenance provisions of your marital settlement agreement. An example of a
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