Publications

Illinois Bar Journal
Articles on Spousal Maintenance

Maintenance, Support, and Underemployed Payors By Burton S. Hochberg and Kimberly A. Cook January 2011 Article, Page 24 Is your client's ex unwilling to get work or deliberately taking a lesser-paying job to avoid paying support or maintenance? Here are resources and remedies you need to know about.
Using Life Insurance to Secure a Maintenance Obligation By Rob Shumaker September 2010 Article, Page 466 What happens when a maintenance-paying spouse dies shortly after the judge signs the dissolution judgment? Is the maintenance recipient out of luck? That may depend on where the case arose.
Splitting Up Without Divorce: A Legal-Separation Primer By Roman J. Seckel August 2010 Article, Page 416 A look at the basics of this little-used but sometimes just-right remedy.
When Property Becomes Income in Post-Judgment Divorce Litigation By Reuben A. Bernick June 2010 Article, Page 310 Are the assets your client got in divorce really "free and clear of all claims" by the ex-spouse? If they're retirement benefits and the claims are for child support, probably not.
Urban Legends About Family Law By H. Joseph Gitlin October 2009 Column, Page 528 Think men don't get custody or maintenance? Think again.
Maintenance and the Marital Standard of Living By H. Joseph Gitlin July 2009 Column, Page 370 Here’s a formula for determining maintenance that reflects the standard of living during marriage.
When is a Noncustodial Parent Entitled to Maintenance? July 2009 Column, Page 373 Is it customary for a court to award maintenance and/or attorney’s fees to a noncustodial parent who is on public assistance (the custodial parent is surviving on $34K per year)?
Maintenance Awards and Short-term Marriages By H. Joseph Gitlin May 2009 Article, Page 236 Think maintenance is off the table for marriages that end after 10 or fewer years? Think again.
Equalization of incomes an abuse of discretion September 2008 Illinois Law Update, Page 444 On June 27, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of McLean County ordering the respondent to pay the petitioner maintenance of $12,500 per month for a period of 111 months.
In re Marriage of Bratcher By Helen W. Gunnarsson September 2008 Lawpulse, Page 438 A fourth district panel reverses a trial court's grant of a substantial maintenance award in a long-term marriage where there was also a large property settlement.
Life insurance cannot be used to secure maintenance payments March 2008 Illinois Law Update, Page 124 On January 3, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the circuit court requiring the respondent to designate his ex-wife Sandra as the beneficiary of his life insurance policy as security for his maintenance obligation.
Need for support not a factor in terminating maintenance due to de facto marriage December 2006 Illinois Law Update, Page 650 On October 6, 2006, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lee County, granting petitioner James 
Interest on Past-Due Maintenance and Child Support: the New Calculus By David B. Yavitz February 2006 Article, Page 76 A new law imposes interest on overdue support and changes the formula for calculating interest.
Maintenance: be careful what you ask - and don't ask - for By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 In two separate cases, the fourth district upheld maintenance awards 1) even after one recipient's remarriage and 2) despite another's request that the court "deny maintenance to the Petitioner and Respondent."
Maintenance proceedings revised in IMDMA - PA 094-0089 September 2005 Illinois Law Update, Page 446 Effective January 1, 2006, the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/101 et seq) is revised to provide that "any maintenance obligation, including any unallocated maintenance and child support obligation, or any portion of any support obligation.
Using QDROs to Collect Support Payments: The Impact of In re Marriage of Thomas By Joseph N. DuCanto September 2004 Article, Page 474 Thomas empowers courts to use an ex-spouse's pension benefits to meet maintenance and support obligations.
Spouse's obligation to provide maintenance support ends on the date of the terminating event rather than the date the petition is filed August 2000 Illinois Law Update, Page 438 On June 13, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's determination that the proper date for terminating a wife's maintenance awards was the date when the petition to terminate spousal support was filed.
Maintenance obligation properly terminated because of ex-wife's conjugal relationship with another woman. June 1999 Illinois Law Update, Page 304 On April 14, 1999, the second district of the Illinois Appellate Court affirmed the trial court's termination of the husband's maintenance, finding that the trial court correctly determined that the wife was involved in a conjugal relationship with another woman.
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