On Aug. 29, 2023, the Fourth District of the Illinois Appellate Court held that awarding monthly maintenance to maintain a spouse’s standard of living established during a marriage is proper.
On May 19, 2021, the Third District of the Illinois Appellate Court vacated a trial court decision that reduced a marriage dissolution permanent maintenance to $0 after a substantial change in circumstances.
Do the 2015 guidelines apply to cases where reviewable maintenance was awarded before the guidelines took effect but the review happened after that date? The caselaw is less than definitive.
In 2015, the General Assembly added guidelines to the IMDMA for determining the amount and duration of maintenance. We focus on the 2018 amendments to the guidelines and their implications for divorcing couples.
The Illinois spousal maintenance guidelines were enacted to provide clarity and uniformity in maintenance calculations. But they raise their own set of questions.
What changes under the new law apply retroactively - i.e., to maintenance awards entered before January 1 - and which apply only prospectively? Here's a point-by-point analysis.
Serving a withholding notice on a child-support obligor's employer? Make sure to include the required information (think social security number) or the employer won't be forced to comply.
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.
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.
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.
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)?
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.
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.
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.
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."
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.
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.
