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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 court found that the argument had no support in the statute.

Non-Modifiable Maintenance Case Background

The parties entered into a marital settlement agreement in which Husband agreed to pay his wife maintenance in the sum of $5,000.00 per month for four years. Neither the marital settlement agreement nor the judgment for dissolution of marriage set forth any facts as to the amount of either party’s income at the time. …


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When Guardianship May Be Necessary for a Child

Guardianship for a child generally becomes necessary when the child’s parents are no longer able to care for their child on a long-term basis. When a child no longer has a parent who can make decisions for them, an adult needs to be appointed as the caregiver and decision-maker for that child to ensure that the child is cared for in the absence of their parents. Without the authorization granted by a guardianship, caregivers can often find they are unable to access medical care, enroll the child in school, or make other critical decisions for that child.

There are also times when the parent cannot be physically present to the care for the child, and may not be an appropriate caregiver, as when a parent is incarcerated. …


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Thinking of representing yourself in a Chicago divorce or custody case? Divorce and Custody (or Parentage cases) are some of the areas of law where people often feel that they can adequately represent themselves and that they may not need an attorney. Family Courts will provide “do it yourself” or “uncontested” divorce packets which make it seem simple. You just complete the paperwork, submit it, go to Court and then you will be divorced! Simple enough, right?

In reality, however, it is not so simple. There are many pitfalls when you try to “go at it alone” in a Chicago divorce or custody case. Being aware of those pitfalls may convince you that retaining an attorney is necessary. …


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Is it time to file a contempt petition in Illinois family court? When you have an Illinois Court Order that is incorporated into a Judgment for Dissolution of Marriage it details the provisions that are required for each party to follow. But if a party fails to follow through with the terms of a Parenting Agreement, Allocation Judgment or Marital Settlement Agreement, the Illinois Marriage and Dissolution of Marriage Act provides a process for bringing that party back to court to enforce what the judgment requires them to do, or in some cases, not do.

Parenting Agreement/Allocation Judgments and Marital Settlement Agreements are extremely detailed documents, which makes it easy for someone to inadvertently violate the order, at some point in time. Inadvertent violations are typically easily resolved without court intervention because once the violation is pointed out by one party to the other, it is quickly resolved. When a Judgment or Marital Settlement Agreement is violated purposefully or willfully, it is a whole other story. However, when an order is violated purposefully or willfully without cause or justification, it is a whole other story. …


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If the other parent will not vaccinate, will the courts stop parenting time?

We have been waiting for the vaccine to the coronavirus for a long time. Now, today the first COVID-19 vaccination administered in the U.S., we know it will soon be distributed. Most people are waiting anxiously for this vaccine, but there are individuals that do not want to be vaccinated. For parents that are divorced or no longer together, the question of vaccination can become a point of contention. If you get your vaccination, and the other parent will not will the court allow parenting time with your child to continue? …


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Going to trial can be a nerve-wracking experience. As Chicago divorce attorneys, we know first-hand clients are nervous and unsure of what to expect at trial if their divorce or family law case is headed to court. It is helpful to know a bit about what will happen to ease your anxiety. When you actually testify, there are a set of rules that your lawyer needs to abide by, and the more you understand about those rules, the easier it will be. Knowing something about the rules of evidence will be helpful.

What are the Rules of Evidence

Your attorney needs to introduce evidence at your trial. The rules dictate how the evidence is permitted to come and in what manner. Going over some common rules will make your Chicago divorce trial process easier to understand. When an attorney does not follow the rules of evidence, the other attorney will object. Here are some common objections you might hear make at trial. …


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When it comes to divorce, money is always a hot point of contention especially when one spouse earns a discretionary bonus that accrued during the marriage but paid after the divorce judgment issued. With the end of the year approaching and receiving an annual bonus may bring concerns for a person going through a divorce in Illinois. For the spouse that learns her ex received a bonus shortly after the divorce is final, it is only natural to question whether it is subject to division as a marital asset. In the Illinois case, In re Marriage of Wendt, the Appellate Court ruled no. …


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In a Chicago divorce, the Illinois law requires the court to divide marital property equitably. This is not necessarily equally but equitably which may very well be equally, but it is important to note that many people believe the law says “equally” when in fact it says equitably. …


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In the 2012 Supreme Court case of In re Marriage of McGrath, the Court held that the amount withdrawn by the father from his savings account should not be considered “income” for child support calculations because the money already belonged to the father. However, if using the statutory guidelines for child support generates an amount that the court finds inappropriate, the court can make specific findings of this and adjust the child support amount accordingly by using the factor that allows the court to consider the financial resources and needs of the parent.

In Illinois, the law defines “net income” for purposes of child support calculation, but it does not define “income”. Net income is defined as the total of all income from all sources minus several enumerated deductions. Funds that you withdraw from the savings account that already belonged to you do not increase your wealth or provide you with a “gain or a recurrent benefit” these funds as withdrawn are not income. …


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Divorce and family law attorneys have a reputation for being expensive. Many potential clients ask us to give them a “ball park” estimate as to how much their case and attorney’s fees will cost. This is nearly impossible for any attorney to predict because there are so many moving parts involved in each case, which can significantly impact the final cost. There are ways, however, for potential clients to try and manage their case costs and attorney’s fees so that they are receiving the best possible divorce representation and maximizing their funds spent.

3 Tips Keep Your Attorney’s Fees Down

While there are a number of unpredictable things that occur in the course of the divorce process, here are three helpful tips that can help keep your attorney’s fees down in a divorce. …

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Anderson & Boback Family Law

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!

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