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Past College Contribution Not Allowed

The Illinois Supreme Court has spoken. In a decision released in September 2011, the Supreme Court stopped a county judge from ordering a divorced father to pay the portion of college tuition that was paid by the former wife prior to her filing a motion seeking contribution for such expenses. In the case the father had three sons with his former wife and divorced in 1996. The divorce settlement reserved the issue of college expenses for future consideration which is very common in divorces. The mother in this case asked a Cook County circuit judge to award her past and future college expenses for all three sons. The judge ordered the father to pay 75 percent of the PAST and future college expenses for all three sons, which totaled more than $273,000. The father appealed and the appellate court said the order improperly changed the divorce decree before the date the mother asked for it to be changed so that the father should not be li...

News: Man tries to ram big rig into courthouse; tells police he was upset over child support

Man tries to ram big rig into courthouse; tells police he was upset over child support - Edwardsville/Glen Carbon news - bnd.com Here is a recent story of an Illinois man who obviously didn't do a very good job of coping with a court's decision. It appears that he intentionally tried to ram his semitrailer into the courthouse after a judge refused to lower his child support. Reductions in child support may appear to be very simple matters. However complicating factors can arise in: - properly calculating current child support, - properly calculating taxes, - issues with a new spouse's income - agreement on what the actual income is (i.e. is over time included?) - past due arrearages, - unpaid medical reimbursement, extracurricular activities and/or school fees - and a host of other matters they can come up. In this recent case it also appears the court refused to reduce child support because the judge believed the man intentionally lost a job and/or reduce...

Prove-up Dates in Will County for your divorce

Prove up dates in Will County are generally set before Judge Nash in Room 400 for the year 2011. Here are the scheduled dates for the rest of the year. To confirm or set up a date, you should call the Circuit Clerk's Office. Note also, if you are doing your divorce on your own, you will need all necessary documents done and be able to show the judge all procedures were followed to get your divorce approved. Remaining Proveup dates in Will County: September 15 September 29 September 30 October 20 October 31 November 30 December 9 December 15 and December 30

Final Prove-Up Dates in 2010

The Will County Clerk's Office helps schedule final court dates ("prove-up") in agreed or default divorce cases. You have a choice to schedule one with the judge that has your case or with the prove-up judge whose court dates are listed below through the end of 2010. The benefit of the prove-up judge is that is all he does on these dates. Your regular judge handles much more in a morning and so you can get delayed in court. In either case, you must have all your paperwork together and in proper order before any judge will approve your divorce . 2010 Prove-up dates: June 11, 17, 29, 30 July 15, 29, 30 Aug 13, 30 Sept 16, 29, 30 October 21, 29 November 29 December 10, 16, 30 To schedule you must call the motion desk at (815) 740-8015

Text Message Evidence - Will it hurt you in a divorce?

Evidence that your spouse is cheating is not always very relevant in divorce cases. Illinois is a "no fault" state meaning that even if your wife has slept with every sailer in the Navy, it doesn't necessarily mean much to the judge. However, in certain cases it does have an impact such as where there is a premarital agreement that makes it relevant or there is a custody dispute and your moral character comes into light. However, it may be relevant to the judge if the kids are exposed to the cheating. It can also show up in the dissipation (wasting) of marital assets. Court's will take notice of marital money spent on the cheating spouse's significant other. Dissipation occurs when one spouse spends marital money on a non-marital expense at the time the marriage has broken down. There's a lot more to it than that so you should consult with an attorney if this is going on. What can you do to avoid the problem? Not cheat is one suggestion. Also, there are now ...

What if you disagree with a court order? What to do (and not do).

The Sun-Times reported today on a case where a law student in a Cook County custody dispute landed himself in trouble. The trouble surrounds allegations that he defied a court order regarding the upbringing of the divorced couple's child in the Jewish faith. It was reported that the custody arrangement provided for the child to be raised Jewish but that the father had the child baptized Catholic without mom’s consent and on another occasion brought a TV news crew with him when he took the child to a Catholic Church for mass. This allegedly violated the court’s orders. If you knowingly violate a court order you disagree with and have no valid excuse to do so, there is generally punishment – sometimes a jail sentence. Disagreeing with the court's order is NOT a valid excuse. Obviously even attorneys are not immune from the rancor and emotional blinding a custody dispute can cause. But to openly disobey a court order AND have it televised, is pretty extreme. Which brings me to ...

Sick days NOT marital property that your spouse can take a share

In a split decision, the Illinois Supreme court ruled this month that accrued sick days are NOT marital property that your spouse can get a share of in a divorce. Since it was a split decision, there is still some debate about it but the law will be clear nevertheless. In the case the husband had banked over 100 sick days at his government job (good gig if you can get it) The supreme court said no deal to the trial court's split because the value assigned to the sick days would be too speculative and that it was unknown whether the husband would ever use his sick days before he terminated his employment or retired. Therefore, wife did not get a piece of it. Of course, reading through the case, it seems like the value of what the party's were fighting over was about $15,000. Taking a case up the Illinois Supreme Court case is VERY expensive. This is likely one of those cases where the parties spent upwards of $30,000 on attorney fees to fight over $15,000. Who made out in t...