Publications

Articles on Spousal Maintenance

Solving for the X & Y: The Illinois Spousal Maintenance Guidelines

By Jeffrey L. HIrsch
September
2015
Article
Page 32
The Illinois spousal maintenance guidelines were enacted to provide clarity and uniformity in maintenance calculations. But they raise their own set of questions.

Illinois’ Maintenance Formula: News from the Trenches

May
2015
Column
Page 45
How one court applied the new spousal maintenance formula.

The New Illinois Spousal Maintenance Law: Retroactive or Prospective?

By Brian A. Schroeder
January
2015
Article
Page 32
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.

Supreme court requires strict compliance for garnishment notices

By Adam W. Lasker
January
2014
LawPulse
Page 10
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.

Predicting Maintenance Awards

By H. Joseph Gitlin
April
2013
Column
Page 206
A look at all divorce cases affirming maintenance since 1977.

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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