On March 26, 2020, the Governor issued executive order 2020-14 involving witnessing of documents in Illinois. This provides: Section 1. During the duration of the Gubernatorial Disaster Proclamation related to the outbreak of COVID-19, the requirement that a person must “appear before” a Notary … [Read more...] about Witnessing of Documents in Illinois
Marriage of Lugge: Consideration of Cash Awarded to Spouse via a Marital Settlement Agreement-Reasonable Rate of Return
In re Marriage of Lugge, 2020 IL App (5th) 190046 (Motion to Publish granted January 15, 2020). A January 2020 decision addressed the trial court's imputation of cash flow based upon a reasonable rate of return on investments that are subject to investments, within the context. In doing so, it … [Read more...] about Marriage of Lugge: Consideration of Cash Awarded to Spouse via a Marital Settlement Agreement-Reasonable Rate of Return
MLK 2020 Program
Attorney Gunar J. Gitlin spoke at the IICLE® Business Valuation, Financial & Tax Issues in Divorce program, held on Martin Luther King Day. My segment addressed "Maintenance Calculations Using Complex Tax Returns: Learn about often encountered traps and opportunities regarding maintenance when … [Read more...] about MLK 2020 Program
Maintenance Reviews: Marriage of Kuper: Critical New Case from Third District
The April 2019 Marriage of Kuper case, 2019 IL App (3d) 180094), stands addressed any number of critical issues both in drafting initial maintenance awards in reviewing maintenance. Kuper addressed: —Liquidation of Assets: Whether the former wife’s asset base should be considered as to her … [Read more...] about Maintenance Reviews: Marriage of Kuper: Critical New Case from Third District
From Bernay and Salvatore to Public Act 102-823: Modification of Support and Maintenance / Substantial Changes in Circumstances
Salvatore and Public Act 102-823: Foreseeability. Public Act 102-823 has done away with the foreseeability / contemplated events relatively long line of case law. Accordingly, it is critical for lawyers to understand the caselaw that had addressed whether a substantial change in circumstances can … [Read more...] about From Bernay and Salvatore to Public Act 102-823: Modification of Support and Maintenance / Substantial Changes in Circumstances
Illinois Supreme Court Fatkin Relocation Decision and Caselaw Following: Trial Court’s Decision Entitled to Compelling Deference
In 2019, the Illinois Supreme Court weighed in on the issue of relocation in In re Marriage of Fatkin.[1] Fatkin involved a case where in 2015 the father had primary physical placement of the parties’ two children based upon a joint custody award. The mother, Danielle, had parenting time six out … [Read more...] about Illinois Supreme Court Fatkin Relocation Decision and Caselaw Following: Trial Court’s Decision Entitled to Compelling Deference