Salvatore: Child Support Modification: Circumstances re Former Wife’s Employment Contemplated at the Time of Divorce Due to Language within MSA and JPA The March 2019, In re Marriage of Salvatore decision has gained considerable traction among divorce lawyers. Rarely has Illinois law changed as … [Read more...] about IRMO Salvatore: Modification of Child Support and Substantial Changes in Circumstances
New Case Law
Illinois Supreme Court weighs in on Relocation Case: Trial Court’s Decision Entitled to Deference
In January 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 was awarded primary physical placement of the parties’ two children based upon a joint custody award. The mother, Danielle, had been … [Read more...] about Illinois Supreme Court weighs in on Relocation Case: Trial Court’s Decision Entitled to Deference
Martin Luther King Day Seminar 2019: Gunnar Gitlin
On Martin Luther King Day, Gunnar J. Gitlin provided his case law update. The program is called the "Business Valuation, Financial & Tax Issues in Divorce 2019." It was recorded on Monday, January 21, 2019 and is available online through IICLE. This case-law segment received the highest … [Read more...] about Martin Luther King Day Seminar 2019: Gunnar Gitlin
Haleas: Illinois Appellate Court Affirms Arbitrator’s Award of Maintenance and Property – Case of First Impression
In re Marriage of Haleas, 2017 IL App (2d) 160799 (April 13, 2017), represents a watershed case for alternative dispute resolution in Illinois divorce cases. There have been no appellate court cases in Illinois involving the issue of arbitration clauses in Illinois' initial divorce cases. In … [Read more...] about Haleas: Illinois Appellate Court Affirms Arbitrator’s Award of Maintenance and Property – Case of First Impression
Heroy: Illinois Supreme Court / Termination of Maintenance or Greater Reduction Properly Denied: Duty to Seek Employment Must be Balanced with Lifestyle
IRMO Heroy, 2017 IL 120205 (March 23, 2017), will prove to be a critical case regarding what is commonly considered as the duty to of a maintenance recipient to "rehabilitate" -- to seek appropriate employment. It provides lasting guidance that in cases involving significant cash flow for the payor … [Read more...] about Heroy: Illinois Supreme Court / Termination of Maintenance or Greater Reduction Properly Denied: Duty to Seek Employment Must be Balanced with Lifestyle
Heroy – Illinois Supreme Court: Despite Having $2.3 Million, a Party Has an Inability to Pay Fees when Considered in the Context of the Statutory Requirements for Contribution Hearings
IRMO Heroy, 2017 IL 120205 (March 23, 2017) Heroy provided the Illinois Supreme Court with the opportunity to finally try to provide clarity regarding many competing appellate court decisions – whether the standard is ability / inability regarding contribution petitions or whether the standards … [Read more...] about Heroy – Illinois Supreme Court: Despite Having $2.3 Million, a Party Has an Inability to Pay Fees when Considered in the Context of the Statutory Requirements for Contribution Hearings
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