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Same-Sex Divorce Issues - Gay and Lesbian Divorce

As I've predicted for some time, the issue of same-sex divorce is reaching "critical mass." Committed same-sex couples are running into the very same issues regarding assets, debts, and children as heterosexual couples. Hopefully the Illinois Legislature will come up with a solution soon to aid Illinois same-sex couples. Illinois House Bill 1615 currently is in the Rules Committee, and deals with just these issues. There exists a clear legal need to cover same-sex couples with the protections afforded by the Illinois Marriage and Dissolution of Marriage Act.

See this article by Dafna Linzer of the January 2, 2008 Washington Post, "Same-Sex Divorce Challenges the Legal System" in which she explores the extent of the problem. Simple (and free) registration is required.

If you are involved in a committed same-sex relationship and need family law advice, please contact me. Or call 630.434.0400 Ext. 165.

Labels: divorce, gay divorce, illinois same-sex marriage, lesbian divorce

posted by Raiford Palmer at 10:16 AM

Employer's Failure to Pay Illinois Child Support a $1.2 Million Mistake!

In Lenora Ann Miller v. Harold Miller, the Illinois Supreme Court recently reinstated a judgment against Harold Miller, Sr. in the amount of $1,172,000 for failure to pay child support of $12,382! Mr. Miller, Sr. was both the father and employer of Harold Miller. Harold Miller owed child support to Lenora under a divorce judgment to be withheld from his paychecks by his employer, Harold Miller, Sr. Lenora Miller's attorney served Mr. Miller, Sr. with an Order of Withholding, which requires an employer to withhold child support from an employee's paycheck and forward the funds to the Illinois State Disbursement Unit. The statute behind this, 750 ILCS 28/35, provides that for each day an employer fails to make support payments pursuant to such an order, a $100 independent penalty applies. In the underlying case the trial court determined that the total failure to pay resulted in 11,721 seperate penalties against the employer for the total sum of almost $1.2 million.

Bottom line: If you are an employer served with an Order of Withholding, you must obey that order. Otherwise the potential penalties are extremely severe. The Supreme Court held that the penalty was not unconstitutional despite the amount. Also, if you are a support recipient and your ex' employer is not paying although served with an Order of Withholding, you may be entitled to substantial penalties from the employer, not just your ex spouse.

Please contact us with any Illinois family law issues or email. We work in Cook, DuPage, and Will Counties primarily. We concentrate in complex family law and divorce cases.

Labels: Child Support, divorce, enforcement, illinois, judgment, order of withholding

posted by Raiford Palmer at 2:44 PM

Division of Business Assets in Divorce

The division of business assets in divorce is a complex topic. The short story is that a business (or ownership interest in a business) held by a spouse is marital property subject to equitable (fair) division by the Court. If the business was owned by a spouse prior to the marriage, the growth in that interest during the marriage can be considered marital property. Frequently business valuations are performed by certified accountants to determine the value (or growth) of a business interest.

If you or your spouse own a business (or part of a business) and you are (or will) be involved in a divorce, please contact us today.

Labels: business, divorce, marital assets, marital property

posted by Raiford Palmer at 2:04 PM

Illinois Divorce Law - Marital Property - Recovery of Education Expenses

Under certain circumstances, a spouse can be compensated for his/her contributions to the education of the other spouse. For example, where a spouse pays for the law school education of the other and the couple divorces after a short time, the paying spouse can be compensated for the contributions to the education during the marriage. In re Marriage of Abma, 720 N.E.2d 645 (1st Dist. 1999). This can be a substantial sum for advanced educations (MBA, doctor, attorneys) and should not be overlooked in determining a fair property settlement.

On the other hand, the education itself is not marital property. Illinois law holds that a degree, education, license, and future earning capacity are not marital property. See In re Marriage of Weinstein, 470 N.E.2d 551 (1st. Dist. 1984).

If you need counsel for a divorce matter, please call me, attorney Raif Palmer at 630.434.0400, dial zero and ask to schedule an appointment. Initial consults are free of charge.

You can always email as well.

Labels: divorce, education, finance, illinois, law degree, marital assets, marital property, mba, professional, recovery, spouse

posted by Raiford Palmer at 12:45 PM

Illinois Divorce - Personal Property - Division of Animals and Pets in Divorce

Occasionally we get questions about pets and animals in divorce cases. This may come up regarding the family dogs, or in a situation involving family owned horses or farm animals. Essentially the law in Illinois treats them like property rather than children (pet lovers please hold off on emailing me your protests)! That is, pets are divided "equitably" just like the furniture, computers, and camping gear. There is no "pet visitation" or anything like that. So, short of a settlement with your spouse over the pets, the court will likely divide up the animals between the parties as equally as possible.

The rules for marital and nonmarital property apply. The main determining factor will likely be whether the pet was acquired before or during the marriage. If before the marriage, generally the person who purchased the pet will keep it. If during the marriage, the court will try to divide the pets equitably (fairly) between the parties. If you have an odd number of pets, the court will simply decide who gets the last (or only) "marital" pet, and sometimes it can't be a very scientific process. There is no easy answer regarding awarding one "marital" animal to a party in the marriage, unless the facts make it clear. If you are talking about an animal with substantial value (horse, etc.) then the court will consider financial compensation for a fair share of the value of the animal to the other spouse. In some cases expert testimony may be needed to prove the value of animals (like cattle, racehorses).

I am a DuPage County, Illinois divorce lawyer. My law firm profile page is here with contact info. Please call or email to schedule a consultation about your family law matter.

Labels: animals, cats and dogs, divorce, farm property, Pets, property division

posted by Raiford Palmer at 9:15 AM