Category Archives: Alimony/Maintenance

NHL Lockout Affects Support Proceedings

Article originally appeared in the September 25, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield At 12:01 a.m. on Sept. 16, the Collective Bargaining Agreement between the NHL and the NHL … Continue reading

Posted in Alimony/Maintenance, Professional Athletes Tagged , , , , , , , , , , |

Top Ten Myths in Illinois Divorce Cases [Myth #8]

Myth: All support payments are tax deductible. Wrong. Maintenance payments ordered by the court or covered in a Marital Settlement Agreement if they abate upon the death of the payee, are generally tax deductible to the payor and tax includable … Continue reading

Posted in Alimony/Maintenance, Child Support, Divorce Tagged , , , , , , , , , , , , |

Top Ten Myths in Illinois Divorce Cases [Myth #7]

Myth: If I have no income, I can’t be ordered to pay child support or maintenance. Not true. Illinois courts, as do most states courts, will go out of their way to protect children in connection with child support payments. … Continue reading

Posted in Alimony/Maintenance, Child Support, Divorce Tagged , , , , , , , , , |

Athletes Cannot Avoid Family Obligations

Article originally appeared in the July 24, 2012 issue of the Chicago Daily Law Bulletin written by Thomas F. Villanti and Evan D. Whitfield Much like the “curse of the Lotto,” we hear time and time again about former professional … Continue reading

Posted in Alimony/Maintenance, Child Support, Professional Athletes

Illinois Spousal Support Laws: Cohabitation Conundrum

Illinois is one of only a few states where spousal support (commonly referred to as “maintenance”) statutorily terminates short of remarriage.  Specifically, the Illinois Marriage and Dissolution of Marriage Act provides that one of the several factors which will justify … Continue reading

Posted in Alimony/Maintenance, Divorce Tagged , , , , , , , , , , |

Professional Sports & Family Law: Lockout Does Not Necessarily Equal Support Modification

As of July 1, 2011, both the National Football League (NFL) and the National Basketball Association (NBA) are embroiled in labor disputes, which have resulted in the owners instituting “lockouts” against the players.  This battle of millionaires versus billionaires has … Continue reading

Posted in Alimony/Maintenance, Child Support, Divorce, In the News, Professional Athletes Tagged , , , , , , , , , , , |

Protecting Your Lifestyle During and After Divorce

Divorce can be an emotionally stressful and challenging time.  Unfortunately, the divorce process can be made even more difficult when one spouse acts punitively to hurt their former partner by engaging in tactics that manipulate one party’s financial resources in … Continue reading

Posted in Alimony/Maintenance, Divorce Tagged , , , , , , , , , |

Alimony in Lieu of Property

Under Illinois divorce law, the so-called “equitable distribution” principle (enacted in 1977) allows courts to allocate marital property in myriad ways.  The asset mix in the “marital pot” in numerous cases, however, does not lend itself to a percentage division … Continue reading

Posted in Alimony/Maintenance, Divorce, Property Tagged , , , , , , |

Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had … Continue reading

Posted in Alimony/Maintenance, Child Support, College Expenses, Recent Cases & Law, Retirement Benefits Tagged , , , , , , , , , |