Section Newsletters

Articles on Maintenance

The new maintenance formula and other modifications to section 504 By Margaret A. Bennett Family Law, November 2018 An outline of recent modifications made to 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act.
New federal tax implications for maintenance payors and recipients By Stephanie Capps Family Law, February 2018 Author Stephanie Capps provides a sample scenario to help determine the potential financial impact on divorcing parties when considering the combo of new maintenance guidelines and federal tax overhaul.
New maintenance guidelines for divorcing spouses By Stephanie Capps Family Law, January 2018 As of January 1, 2018, new maintenance guidelines have taken effect in Illinois.
3 comments (Most recent January 19, 2018)
“Get a job, honey”—Imputing income to maintenance recipients By Marilyn Longwell & Anne Mueller Family Law, December 2017 Imputation of income in cases of voluntary unemployment or underemployment by able-bodied maintenance recipients is becoming a common tool in both child support and maintenance cases to attempt to achieve equity between the payor and payee.
Why does maintenance terminate upon remarriage? By Matthew A. Kirsh Family Law, November 2017 The Illinois Marriage and Dissolution of Marriage Act is 40 years old. The world has changed. Societal norms have changed. Perhaps, in light of all this change, it is time to examine whether a change to the maintenance termination law is also appropriate.
2 comments (Most recent November 16, 2017)
Changes to the maintenance statute and case law in Illinois By Stephanie L. Tang Family Law, October 2017 A summary of the forthcoming changes to 750 ILCS 5/504 and a look at recent case law to provide an overview of considerations that practitioners, judges, and litigants should take into account in arguing maintenance cases moving forward.
New income shares guidelines: Benefit or detriment to your client? By Stephanie Capps Family Law, July 2017 As of July 1, 2017, the income shares guidelines have taken effect replacing the percentage guidelines for child support in Illinois.
Maintenance in Illinois divorce litigation By Van-Lear Eckert General Practice, Solo, and Small Firm, April 2015 As of January 1, 2015 the Illinois maintenance statute was revised and the amount and duration of maintenance was defined.
Chair’s column By Kelli E. Gordon Family Law, September 2014 Section Chair Kelli Gordon discusses SB3231, which just became law in August, and its impact on maintenance awards.
1 comment (Most recent September 18, 2014)
Alimony in lieu of property By David H. Hopkins Family Law, June 2009 Especially with the United States economy as it is, lack of liquidity is a common reality; and, in some such cases, the would-be property transferor may prefer to draw on future income so as to effect a “buy-out” of marital property claims.
Districts diverge on life insurance as security for maintenance By Jan R. Kowalski Family Law, February 2009 In the Fourth District, courts are able to order life-insurance as security; but, in the Second and Third District, courts are not.
Maintenance: ‘Til death do us part By Matthew G. Shaw Family Law, January 2009 Illinois trial courts have routinely imposed life insurance provisions on maintenance obligors, in order to secure maintenance payments.
The pendulum has swung: The upside-down world of the law of maintenance in Illinois By Steven N. Peskind Family Law, December 2005 Prior to the legislature’s amendments to our maintenance statute (750 ILCS 5/504) in 1993, the policy of the legislature was to assist a financially dependent spouse primarily through the division of the assets as opposed to awards of maintenance.
Defending against maintenance claims—Illinois Supreme Court Rule 215 to the rescue By David C. Ainley Family Law, December 2003 The use of expert witnesses in divorce litigation is fast becoming common practice.
New statutory factors for maintenance reviews or petitions to modify or terminate maintenance By Dawn R. Hallsten General Practice, Solo, and Small Firm, November 2003 Under Public Act 93-0353, Illinois courts will have eight additional statutory factors to consider whenever they review an order for maintenance or hear a petition for modification or termination of maintenance upon a showing of a substantial change of circumstances.
Case law update By Barry H. Greenburg Family Law, November 2001 Summaries of the cases of In Re the Marriage of Gross, In Re Marriage of Grams, In Re Marriage of Letsinger, In Re Hasabnis and In Re Marriage of Langman.
Recent cases By Barry H. Greenburg Family Law, May 2001 Summaries of the recent cases of In Re the Marriage of Drury, In Re Petition of Mary Klak, In Re Marriage of Carter, In Re Shaddle, In re Adoption of D___, In Re Marriage of Lehr, In Re Marriage of Gattone, In Re J.P., In Re Marriage of Beerbridge, In Re the Marriage of Buck, In Re Marriage of Didier, In Re the Marriage of Petersen, In Re Donath v. Buckley, In Re Cerven and In Re Troy S. and Rachel S.

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