Posted on April 28, 2014 in Divorce

Section 504 of the Illinois Marriage and Dissolution of Marriage Act prescribes the criteria for the award of maintenance. Maintenance, formerly known as alimony is designed to rehabilitate the recipient and to provide support so that the recipient may obtain necessary training or education which in theory will enable the recipient to support himself or herself in the future.

Several adjectives have been used to describe the nature/type of maintenance being awarded. How maintenance is characterized is very important, especially in the process of modification of its terms.

Know whether the maintenance payments are tax deductible by the payor. If so, they will also be included in the adjusted gross income of the recipient for tax purposes.

Be careful to designate the time period over which the maintenance is to be paid.

Make certain you include language to indicate that the maintenance will terminate upon the death of either party, the remarriage of the recipient or the assumption of a resident continuing conjugal relationship known as cohabitation on the part of the recipient.

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 Posted on April 22, 2014 in Family Law

The Illinois Domestic Violence Act was signed into law in 1983. Commonly referred to as the IDVA, it was designed and enacted to prevent physical abuse, threats of violence or force, harassment, and various forms of interference with personal liberties. One must share a relationship with the perpetrator of domestic abuse, such as marriage, or having a child in common, or living in the same household or having a current or former dating relationship to qualify for relief under the IDVA.

Once a Petition for Order of Protection is submitted to the Court, emergency relief may be awarded. Emergency relief may, in some circumstances, be obtained without notifying the perpetrator of an intention to obtain such relief. Emergency relief under the Illinois Domestic Violence Act may include an order preventing further physical abuse, telephone or personal contact, presenting oneself at the Petitioner's place of work, church or school, denying access to a residence or apartment shared with the Petitioner, and/or preventing the removal of children from the custody of the Petitioner and/or the surrender of the Respondent's FOID card and any firearms. An Emergency Order of Protection cannot be of a duration in excess of 21 days.

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