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Areas of Practice, Asset Distribution, Child Support, College Expense, Divorce Judgment Enforcement, Family Law, Latest News

Divorce Law – Consideration of Prenups

Prenups are often a great consideration that must be take in to account when a divorce is contemplated or actually being litigated. The Illinois Uniform Premarital Agreement Act (Act) (750 ILCS 10/1 et seq. (West 2012)), which applies to any prenuptial agreement executed on or after January 1, 1990, provides that an antenuptial agreement is unenforceable […]

Areas of Practice, College Expense, Divorce Judgment Enforcement, Family Law, Latest News

Appellate Court Decision – College Expenses and Proper Drafting of a Divorce Judgment

Divorce is exhausting, it is emotional and it can be very tricky. Critical to any divorce from a legal perspective is concise and exhaustive drafting of the judgment document. Recently, the Illinois Appellate Court for the First District was asked to determine whether the language of a marital settlement agreement reserving the matter of each […]

Child Support, Family Law

Child Support – Why Do

At the present time the Illinois divorce statute and case law is firmly based on the “percentage of income” model of establishing the child support payment a non-custodial parent is to pay. For example if the married couple have one child the statute calls for payments to be based on 20% of the non-custodial parent’s […]

Family Law, Legislation

The “Putative Spouse” Statute

Under Illinois there is no such thing as common law marriage. Instead the only lawful marriage is one wherein the parties secure a marriage license and proceed to complete a civil marriage ceremony before an individual lawfully entitled to preside over such proceedings. But pursuant to 750 ILCS 5/305 there is a legal argument to […]

Areas of Practice, Child Support, Family Law

Workers Compensation Lump Sum Settlements and Child Supprt

In a recent Illinois Supreme Court decision (Mayfield v. Mayfield, 2013 WL 2253208) it was determined that worker’s compensation lump sum settlements are deemed to be income to the non-custodial parent that may be the beneficiary of such compensation. Thus these settlements are subject to distribution to a custodial parent under the Illinois Marriage and […]