Attorney Blog about Divorce, Family Law, Maintenance, Child Support, Custody, Parenting Time, Visitation, Mediation, Lawyers

By: tompmiller | October 08, 2018


The receipt of a gift concludes the act/transaction of giving. There is no give-backs, except when a gift is not just a gift, and that is when something is expected in return. In such a case, the donative intent is missing, the giver does not just intend on leaving the gift with the receiver.


The engagement ring is a conditional gift. It is given upon the condition that a marriage will follow. If there is no marriage, the condition is not satisfied, and the ring should return to the donor.


As opposed to the birthday gift scenario, the giving of the engagement ring is not the start of the act of giving. The engagement process starts with a question, will you marry me? Only upon an affirmative answer, yes, do you give an engagement ring.


In some...

By: tompmiller | September 12, 2018


Obviously, child support is money paid for the support of a child. Generally, it is for the support of a minor child. In Illinois, child support is due until the child is 18 years of age and has graduated high school, but not past the age of 19. Child support can be cut off earlier by emancipation events, which will be discussed in another blog.


Child support is for all of the child’s needs, except for the following, which are contributed to in addition to child support payments.


Daycare: cost of daycare necessitated by the parents’ work/schooling is generally not included in child support. Typically, the parties must contribute to daycare expenses in proportion to their incomes.


School Fees: generally, public school fees are not included i...

By: tompmiller | June 29, 2018


Nonmarital property is property owned by one spouse. The Court has no jurisdiction over this property. A Judge cannot divide it and give some to one party and the rest to another. It remains with its owner.


Nonmarital property is whatever a spouse entered the marriage with. It also includes property acquired during the  marriage if it was acquired only with non-martial property. Other categories of one party's non-marital property, regardless of when acquired, are gifts to the party alone and inheritance.


In terms of gifts, arguments arise as to the intended recipient(s). A wedding gift is by definition marital, a gift to both parties. However, a gift of money or an item from one of the spouses parents and received well into the marriage...

By: tompmiller | June 21, 2018


Marital Property is property that a divorce court has jurisdiction to distribute between the spouses. Non-marital property is property of one of the parties only, and a divorce court cannot decide what to do with non-marital property: it is the property of it's owner, period. How to distinguish marital from nonmarital property?


Marital property is all property that is acquired from the moment of marriage until the end of the marriage, with the following exceptions: property acquired during the marriage as a gift, inheritance or by use of only non-marital property, that is not commingled. All property acquired during the marriage is presumed to be marital, so it is the burden of the party wanting to establish it as non-marital to demonstrate&...

By: tompmiller | June 13, 2018


Use of Prenups or Premarital Agreements in Illinois is on the rise. Individuals that have been divorced, or have children from previous relationships, or have substantial assets, either a business or family trust or inheritance often consider a prenup. However, young, first time engaged couples, straight and same-sex, are also seeking the protection of a premarital agreement more and more.


A sometimes overlooked benefit of a prenup is simplicity in the event of divorce. Sure, the prenup can protect your assets, income and protect you from the other party's debts. It can bar your spouse from seeking alimony or maintenance as well, and can prohibit the spouse from inheriting in the event of your death, protecting your estate for the benefit of...

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