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Showing posts from 2014

The Mehta Law Group, Ltd.

A new law in Illinois as of January 1, 2015 changes how spousal support is determined for divorcing couples whose combined gross income is less than $250,000. This new law raises some interesting issues with respect to the global finances of divorce, so let's examine briefly the new law of spousal support in Illinois. The law, which was developed by the Illinois State Bar's Family Law Section Council, creates a protocol for calculating maintenance based on the income of the parties and the length of the marriage. The law that has been in use for years essentially placed a high degree of discretion with the trial judge; parties to divorce sometimes had very little guidance as to what a given judge would award for maintenance, or if any award was to be granted. Under the new law, a maintenance award should equal 30 percent of the payor’s ( the one who pays maintenance) gross income minus 20 percent of the payee’s (recipient) gross income, not to exceed 40 percent of the parti

New Alimony Law Illinois

A new law in Illinois as of January 1, 2015 changes how spousal support is determined for divorcing couples whose combined gross income is less than $250,000. This new law raises some interesting issues with respect to the global finances of divorce, so let's examine briefly the new law of spousal support in Illinois. The law, which was developed by the Illinois State Bar's Family Law Section Council, creates a protocol for calculating maintenance based on the income of the parties and the length of the marriage. The law that has been in use for years essentially placed a high degree of discretion with the trial judge; parties to divorce sometimes had very little guidance as to what a given judge would award for maintenance, or if any award was to be granted. Under the new law, a maintenance award should equal 30 percent of the payor’s ( the one who pays maintenance) gross income minus 20 percent of the payee’s (recipient) gross income, not to exceed 40 percent of the part

Spousal Support in Divorce: The New Law in Illinois

A new law in Illinois as of January 1, 2015 changes how spousal support is determined for divorcing couples whose combined gross income is less than $250,000. This new law raises some interesting issues with respect to the global finances of divorce, so let's examine briefly the new law of spousal support in Illinois. The law, which was developed by the Illinois State Bar's Family Law Section Council, creates a protocol for calculating maintenance based on the income of the parties and the length of the marriage. The law that has been in use for years essentially placed a high degree of discretion with the trial judge; parties to divorce sometimes had very little guidance as to what a given judge would award for maintenance, or if any award was to be granted. Under the new law, a maintenance award should equal 30 percent of the payor’s ( the one who pays maintenance) gross income minus 20 percent of the payee’s (recipient) gross income, not to exceed 40 percent of the part

Social Media in Divorce Proceedings

Social Media in Divorce Proceedings Technology No Comments July 19th, 2013 The only thing that does not change is change. Lawyers must modify and change the way they prepare for highly conflictual cases in these changing times.  To do so, they need to understand and know the right questions to ask about social media. By Judge Michele Lowrance and Pamela J. Hutul, Family Lawyer According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys surveyed reported an exponential increase in the amount of evidence collected from social networking opportunities in the past five years. The purposes and consequences of searches of social media produce rich information which can be used by and against litigants on trial or in settlement negotiations. This article will review the where and what can be procured, how we as advocates can delve for treasure on the  social media websites and in digital communications, as well as protect our clients

Spousal maintenance guidelines become law in Illinois

Spousal maintenance guidelines become law in Illinois A new public act dramatically changes how spousal maintenance is determined for divorcing couples whose combined gross income is less than $250,000. The law,  P.A. 98-0961 , which was crafted by the ISBA Family Law Section Council, creates a formula for calculating maintenance based on the gross income of the parties and the length of the marriage. Up till now, judges calculated maintenance without using a statutory formula similar to the one that applies to child support awards, instead relying on a list of factors that appear at sections 504 and 505 of the Illinois Marriage and Dissolution of Marriage Act. As a result, maintenance decisions vary widely, and lawyers have found it difficult to predict what a court will do when awarding maintenance. The new formula will change that, once a court makes the threshold decision that maintenance is appropriate in a given case. Although judges aren’t required to use the formula,

When Buyer Closing Goes Wrong

When Buyer Closing Goes Wrong Real estate transactions can close in as little as a half hour, although most take longer. Some closings take hours, even days, longer than planned. It's a little like getting out a map and estimating cross-state driving time without knowing about a major construction project that has tied up traffic for miles. Like the driver who asks about potential delays, the buyer who spends time researching potential problems in advance is the buyer most likely to reach the destination on time. Just remember that real life interferes with even the best-laid plans. There is no guarantee you will close on time. Some of the delays in closing could be errors in documents, money arriving late or in the wrong amount and discoveries made during the buyer's final walk-through. Common problems Here are some common problems and solutions: Problem: Errors in documents Document problems can be as simple as a name misspelled or a transposed num

Foreclosure and Divorce

Divorce and foreclosure often go hand in hand. If you find yourself facing a divorce, you may have questions about your current home mortgage, particularly who is liable for the debt after the divorce and how to avoid a foreclosure. Read on to get the information you need to help you through this difficult time. (To learn the ins and outs of the foreclosure process, and foreclosure procedures in your state, visit our  Foreclosure Center .) Who Is Responsible for the Mortgage? The first thing that a divorcing couple must first figure out is who is responsible for the mortgage debt. In many cases, when married couples first take out a mortgage, they obtain the loan and take title to the property jointly. In other circumstances, just one spouse may take out the mortgage and sign the promissory note. Signing a mortgage and promissory note has important legal and financial ramifications. The note creates the promise to pay, whereas the mortgage creates the lien on the property. (Learn

A Guide to the New Illinois Civil Union Law

Illinois Lawyer Now Illinois Courts Bulletin ISBA Case Digests Section Newsletters Bookstore Classified Ads Advertise with ISBA The Magazine of Illinois Lawyers May 2011 • Volume 99 • Number 5 • Page 232 • Print Family Law A Guide to the New Illinois Civil Union Law By Richard   A.   Wilson Beginning June 1, the Illinois Religious Freedom Protection and Civil Union Act confers most of the rights of marriage on parties to a civil union. But definitions of "spouse" and "marriage" under federal law impose important limits on the new act, requiring special planning for "civilly unioned" couples. Don't miss the ISBA's upcoming Law Ed programs on Civil Unions! Friday, June 3 " Civil Union Practice Tips " Attend live onsite or via live webcast during CLE Fest Classic - 4 hours MCLE credit Friday, June 17 " A Roadmap to the Illinois Civil Union Act " during the ISBA Annual meeting - 2 hours

Divorce Terms

ABANDONMENT - the term used to describe the action of one spouse leaving the marital home without consent. This action is deemed as grounds for divorce in some states or provinces. ABSENT PARENT - the parent who does not have custodial rights to the child, but is responsible for the partial support of the child and is physically absent from the home where the child resides. This parent is usually referred to as the non-custodial parent. ACCRUE - to propagate or build upon. ACTION- the legal term for what is generally referred to as a lawsuit. ADVERSARIAL DIVORCE- a divorce where each spouse is unable to come to any agreement. ADMISSIBLE - any form of testimony or evidence that is allowed into court. ADULTERY - when one spouse has sexual intercourse with a third party. In some states and provinces this is considered grounds for divorce. ADVERSARIAL DIVORCE - a divorce where each spouse is unable to come to any agreement. ADVERSARY - the opposition or the opposing party in a lawsuit. In

Timeshare Ownership: How to Split a Timeshare in a Divorce

Timeshare Ownership: How to Split a Timeshare in a Divorce In splitting a timeshare ownership in the event of a divorce, you have to be aware of a few crucial factors. From the outset, just a few potential things to consider are the kind of timeshare (for instance, deeded or points-based timeshare) you are dealing with; how the timeshare is treated from a legal perspective (in example, is it a property or a subscription?); and who wants or does not want ownership of it. You will be navigating some choppy waters if you split a timeshare in a divorce, so read this guide to better familiarize yourself with the process. Ads by Google $ Value Of Your Timeshare Get Instant Free Report On Your Timeshare's Value & Resale Data. www. timeshareworth. com Don't Sell Your Timeshare Until you read our special report. Get it today. timeshareout. com/ 9-Mistakes-Report Donate Your Timeshare Now A credible and cost effective

Who gets the ring in a divorce?

The Mehta Law 79 W. Monroe, Ste.808 Chicago, IL. 60603 312-590-2000 Divorce is the last thing on your mind when spending serious cash on a sparkly sign of DeBeers-style love. Sadly, although diamonds are a girl's best friend, many guys want to take that friend away when they decide that divorce is on the horizon. As a divorce lawyer , I am often asked whether it is possible to get the ring back. That is especially the case when the engagement ring was purchased with multiple commas! Unfortunately, the answer is likely no except in a few cases. The most typical exception is when you called off the wedding during the engagement -- but even then, it's no guarantee that you will get your ring back. In California, the courts look at the engagement ring as a promise for marriage, and if the bride fulfills the promise of marriage, it is hers free and clear. If the bride never walks down the aisle, she must return the ring because she nev