Anderson & Boback Family Law Attorneys

Going to trial can be a nerve-wracking experience.  As Chicago divorce attorneys , we know first-hand clients are nervous and unsure of what to expect at trial if their divorce or family law case is headed to court. It is helpful to know a bit about what will happen to ease your anxiety.  When you actually testify, there are a set of rules that your lawyer needs to abide by, and the more you understand about those rules, the easier it will be.  Knowing something about the rules of evidence will be helpful. What are the Rules of Evidence Your attorney needs to introduce evidence at your trial . The rules dictate how the evidence is permitted to come and in what manner.  Going over some common rules will make your Chicago divorce trial process easier to understand.  When an attorney does not follow the rules of evidence, the other attorney will object.  Here are some common objections you might hear make at trial. Questioning Witnesses at Trial and Object...

     When it comes to divorce, money is always a hot point of contention especially when one spouse earns a discretionary bonus that accrued during the marriage but paid after the divorce judgment issued. With the end of the year approaching and receiving an annual bonus may bring concerns for a person going through a divorce in Illinois.  For the spouse that learns her ex received a bonus shortly after the divorce is final, it is only natural to question whether it is subject to division as a marital asset . In the Illinois case, In re Marriage of Wendt , the Appellate Court ruled no. The Appellate Court held that a non-vested discretionary bonus accrued during the marriage, but received after entry of a judgment for dissolution of marriage, is not marital property. Bonus Accrued During Marriage but Non-Marital Property? The parties filed for divorce in July 2010. Scott Wendt, a software developer for Citadel, received a considerable bonus payment for 2008, but it ...

In a Chicago divorce, the Illinois law requires the court to divide marital property equitably.  This is not necessarily equally but equitably which may very well be equally, but it is important to note that many people believe the law says "equally" when in fact it says equitably .  In order to determine what is equitable, the court takes many factors into consideration such as how long was the marriage, how much does each spouse earn,  how likely are they to continue to earn what they are earning, their ages, occupations as well as what each spouses contribution has been to the marriage.   Oftentimes the contribution to the marriage provides an equal and legitimate benefit by the spouse who is a homemaker so that the other spouse can work full time outside of the home.  The job of a homemaker is not discounted and is considered as an important job by the court.  However, there are cases when one of the spouses works outside of the home and the other...

In the 2012 Supreme Court case of In re Marriage of McGrath , the Court held that the amount withdrawn by the father from his savings account should not be considered “income” for child support calculations because the money already belonged to the father.  However, if using the statutory guidelines for child support generates an amount that the court finds inappropriate, the court can make specific findings of this and adjust the child support amount accordingly by using the factor that allows the court to consider the financial resources and needs of the parent.  In Illinois, the law defines “net income” for purposes of child support calculation, but it does not define “income”.  Net income is defined as the total of all income from all sources minus several enumerated deductions.  Funds that you withdraw from the savings account that already belonged to you do not increase your wealth or provide you with a "gain or a recurrent benefit" these funds as withdrawn ar...