Showing posts from August, 2013

Bonus for Work Performed During the Marriage not Marital if Paid After Divorce

The First District Appellate Court (Chicago) recently held that a husband's bonus to be paid for work performed during the marriage was not marital if that bonus was paid after the divorce. Generally, all property obtained from the date of the marriage to the date of the divorce is marital property subject to equitable division by the divorce court. In this case the Husband expected to receive a bonus for work performed during the marriage but because bonuses were paid in the year following the work, it would not come in until after the divorce was finalized. Two things were argued: The Wife said since the work was performed during the marriage, it was within that general rule. However the Husband successfully argued that the bonus was speculative and may never have been paid. The court held that a the husband's bonus from his employer was not marital property but was speculative until actually awarded by the employer. It further found that the bonus was not a contractually e

New Judge in Will County Divorce Courts

A new administrative order was issued regarding the new judge handling family law matters in the Will County Court system. Attorney David Garcia was appointed as an associate circuit court judge. The Honorable David Garcia is assigned to court room 307: DIVISION 5: FAMILY: Associate Judge Robert P. Brumund, Presiding (A): DISSOLUTION OF MARRIAGE, DECLARATION OF INVALIDIT Y OF MARRIAGE, CHILD CUSTODY PROCEEDINGS AND ALL POST DECREE MATTERS ARISING FROM THE ABOVE CASES : Associate Judge Robert P. Brumund (Courtroom 312), Dinah L. Archambeault (Courtroom 300), Brian E. Barrett (Courtroom 306), Matthew G. Bertani (Courtroom 308) and David Garcia (Courtroom 307).

Illinois Supreme Court puts burden on unmarried fathers to prove visitation is in the child’s best interest

Illinois Supreme Court puts burden on unmarried fathers to prove visitation is in their child’s best interest Non-custodial parents (mostly fathers) seeking visitation in paternity cases do not have the same rights as parents in divorce cases. The Illinois Supreme Court clarified this issue that has been disputed between the various appellate districts for quite some time. In divorce cases the preference is on the side of awarding visitation to non-custodial parents (mostly dads) and it is up to the custodial parent to show that giving him visitation presents a serous endangerment to the child. In paternity cases the preferences is now on the side of the custodial parent and it is up to the non-custodial parent (dad) to show that having visitation is in the child’s best interest. At first blush, it may not seem a huge issue but it is. To go into a case with the deck stacked  against you can really make things hard for non-custodial parents to get visitation righ