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
New Case Law
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 2015 award of primary physical placement with the father of the parties’ two children. The mother had parenting time six out of fourteen days. She also had after school … [Read more...] about Illinois Supreme Court Fatkin Relocation Decision and Caselaw Following: Trial Court’s Decision Entitled to Compelling 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
