Chicago Divorce Lawyer
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Chicago divorce lawyer helps uncover assets
As a Chicago divorce lawyer I see that, often times, one spouse alone manages the parties’ finances. Or, one party knows that an asset exists, such as a retirement account, but does not know where it is held or the value. The Illinois Supreme Court has given divorce lawyers tools with which to discover assets so that one party is not unjustly enriched to the detriment of the other. By way of example, the rules provide for the mandatory production of documents, accompanied by a signed affidavit stating that the spouse has produced all of the documents within his or her possession and control. In the vast majority of cases, there is usually a “paper trail”, which an experienced attorney can follow, to verify whether the disclosure of information is complete. If the other spouse withholds or hides information, a court has the authority to impose severe sanctions against that spouse.
An attorney is also permitted to take the deposition of a party, to obtain information. A deposition consists of the attorney asking the other spouse or a witness questions. The answers are sworn to, under oath, with a court reporter present to record the answers. Again, there are safe guards in the event that the party being asked the questions is not being truthful.
Also, an attorney has been granted the power to subpoena documents from third parties and to obtain testimony from third parties. Since most people are paid by check or their salaries are direct deposited into… Continue reading
Chicago divorce lawyer shares case study regarding college education
As a Chicago divorce lawyer I am intimately aware of the fact that Illinois is in the minority of states which allow a divorce court to obligate a parent to pay a child’s expenses attributable to a college education or professional or other training after graduation from high school. (Section 513 of the Illinois Marriage and Dissolution of Marriage Act)
The divorce statute provides that educational expenses may include, but are not limited to, tuition, room and board, transportation, books, fees, registration and application costs, medical expenses including medical insurance, dental expenses, and living expenses during the school year and periods of recess.
Since the majority of Chicago divorce cases are settled between the parties without the necessity of a trial, the rights and obligations of each party are expressly set out in a contact called a Marital Settlement Agreement. The terms of the parties’ agreement are approved by the court when the divorce is granted.
In the case of In Re The Marriage of Peterson, the parties had entered into a settlement agreement which reserved the issue of each party’s obligation to contribute to the college or other education expenses of the parties’ children pursuant to Section 513 of the divorce statute. The final divorce decree did not specify that each party was obligated to contribute or the amount each was to contribute. The divorce agreement just provided that the issue would be determined at a later date.
The mother filed a lawsuit for college education expenses after… Continue reading
Illinois child support lawyer
The Illinois child support statute sets out “guideline” support percentages to be paid by the non-residential parent, based upon the number of children in the family. For example, if there is one child, 20% of the payor’s net income; if there are two children, 28% of the payor’s net income. The statute is precise as to what can and cannot be deducted from a payor’s gross income. To determine net income the support amount is based upon income from all sources, not just a parent’s salary.
