Friday, June 28, 2013

A recent Maintenance Case that may prove helpful in your Bloomington Illinois DIvorce

In re Marriage of Dowd

Illinois Appellate Court
Civil Court
Citation
Case Number: 
 2013 IL App (3d) 120140
Decision Date: 
 June 20, 2013
District: 
 3d Dist.
Division/County: 
 Will Co.
Justice: 
 WRIGHT
Holding: 
 Affirmed.
Court properly awarded wife 20% of husband's bonuses between $50,001 and $100,000 per year, and zero of husband's bonuses exceeding $100,000 each year in maintenance award (with monthly maintenance to wife of $6,100). Court's decision to allow fixed maintenance plus graduated percentage of annual bonuses as incentive for husband to maintain his productivity was reasonable and fair. Court properly denied wife's petition for contribution to attorney fees, as wife received property and accounts in excess of $200,000, and thus had sufficient income and assets to pay her own attorney fees. (McDADE and O'BRIEN, concurring.)

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Jon D. McLaughlin
(309) 319-6206 


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If you have a Child Support Case in McLean County, this recent case may be relevant


In re Marriage of Carlson-Urbanczyk

Illinois Appellate Court
Civil Court
Citation
Case Number: 
 2013 IL App (3d) 120731
Decision Date: 
 June 26, 2013
District: 
 3rd Dist.
Division/County: 
 Will Co.
Justice: 
 WRIGHT
Holding: 
 Affirmed.
Court granted mother sole custody of three minor children, and ordered father to pay child support in statutory amount of 32% of his net income. Court properly ordered father to pay 20% of children's daycare and extracurricular activities, rather than the 40% of those expenses originally ordered, as that would have reduced father's net income by 50% (total child support plus expenses). Any amount above agreed 32% of father's net income represents upward deviation from statutory amount and must be supported by record. Court properly found that father did not have ability to pay 40% of those expenses. (CARTER and McDADE, concurring.)

--
Jon D. McLaughlin
(309) 319-6206 


THIS MESSAGE AND ANY ATTACHMENTS MAY CONTAIN INFORMATION THAT IS HIGHLY CONFIDENTIAL, PRIVILEGED, AND EXEMPT FROM DISCLOSURE. ANY RECIPIENT OTHER THAN THE INTENDED RECIPIENT IS ADVISED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING, OR OTHER USE OF THIS MESSAGE IS STRICTLY PROHIBITED.

IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY.

IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.