Holding the line on Social Security Benefits

Illinois appellate courts continue to hold the line on how to treat Social Security Benefits paid to a dependent child.  Continuing a line of caselaw (common-law), a new case, In re the Marriage of Mitter held fast by noting that Social Security benefits are earned (much like other forms of income).  Therefore, if a dependent […]

Hurting yourself by not wanting more – a lesson for moms.

Many mothers receive child support.  In fact, given recent divorce statistics, more than half the mothers in the U.S. have had a divorce, where child support may have been part of the case.  While paying or receiving child support is standard fare in divorce, an ever alarming number of parents create bigger problems for themselves […]

Moving on – Starting the case without a lawyer.

The idea of getting a divorce and moving on can lead to its fair share of anxiety.  The mixed bag of excitement and fear are common reactions when deciding to get a divorce.  Many spouses are hesitant, and by the time they make the first move in that direction, they have tortured themselves for months, […]

Tactical bankruptcy

Spouses are now using bankruptcy as a tactical tool in divorce. When a spouse files for bankruptcy, everything in the divorce comes to a halt. This freezing of the case is required by federal law, and various State laws cannot undo this dynamic (more about what’s called preemption, later). If you were considering filing for […]

Suing the one that stole your spouse.

Very few states allow a spouse to sue the person that stole their spouse away. This type of case is called an “alienation of affections case.” These types of lawsuits are generally frowned upon by the Courts. However, many spouses find themselves gravitated to file these types of suits because of the strong desire to […]