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

By: tompmiller | June 06, 2018

In Illinois, and in most courts through the country, a divorce judge only has jurisdiction over marital or community property. This means that a judge does not have the authority to divide individual or non-marital assets. Of course, it is the Judge that decides what is and is not marital property. The Judge looks to statutes and caselaw to make these determinations.

Primarily, as it relates to the pension and retirement plans, income earned during the marriage is marital income. Whatever is acquired with that income is marital. If you have a pension plan from before your marriage, income withheld & deposited into the pension during your marriage is marital. Funds you had in the plan before the marriage are your individual and nonma...

By: tompmiller | May 11, 2018

Your client worked as a teacher in the Chicago Public Schools, CPS and participated in the CTPF, or in another Illinois school district and participated  in the TRS. Her and her spouse moved to Arizona and some time thereafter, one of them filed for divorce.

The  Arizona court  has personal jurisdiction over both of them and subject matter jurisdiction over all issues arising out of their marriage, including the distribution of marital assets. The court grants your client's spouse 50% of your client's Chicago or Illinois public pension, TRS or CTPF.

Since you are representing the Plan member/participant, you are interested in providing as little to the other spouse as possible. You do not want the other spouse to get 50% of the...

By: tompmiller | November 06, 2017

As of July 1, 2017, courts across Illinois have been calculating child support in a completed different way than they have for decades. No longer is child support a straight percentage of the non-custodial parent's net income. To determine child support, we have to know how much each parent earns and how many overnights each parent has with their child(ren).

The Illinois Department of Healthcare and Family Services (HFS) comes up with amounts that a child costs to raise, depending on the parents' total incomes. HFS also creates an online calculator to determine child support. As long as you are willing to use the standard tax rates assumed by the calculator, you can plug in both parties' incomes to receive the rate of child support.

However, ...

By: tompmiller | June 21, 2017

Effective July 1, 2017, Illinois will move to an Income Shares method of calculating child support. This means that the old method of calculating the non-custodial parent's net income and requiring that parent to pay child support of 20% of that net income for one child, 28% for 2 children, 32% for 3 children, etc., will no long apply. Instead, child support will be calculated under the new method.

First, lets assume a "standard" arrangement: there is a minor child who will primarily reside with one parent and the other parent will have parenting time that is substantially less than the "residential" parent's time with the child. The non-residential parent will pay child support to the residential parent based on both par...

By: tompmiller | June 12, 2017

Effective June 1, 2014, the Religious Freedom and Marriage Fairness Act granted same sex couples "equal access to marriage," in particular: (a) all laws of this State applicable to marriage, shall apply equally to marriage of same-sex and different-sex couples and their children, and (b) parties to a marriage and their children, regardless of whether the marriage consists of a same-sex or different-sex couple, shall have the same benefits, protections and responsibilities under law. 750 ILCS 80/10.

The term, "all laws" is obviously, all inclusive, and therefore, a same-sex couple has absolutely equal footing with a different-sex couple under Illinois law. This means that same-sex couples can marry, adopt, separate and di...