When are Social Security and Retirement “Income for Support or Maintenance”?

Unless otherwise agreed, maintenance terminates when the recipient “cohabits with another person on a resident, continuing conjugal basis.” Simple, right? Wrong! Since the doctrine of cohabitation was statutorily enacted in 1977, its judicial interpretation has been varied and even contradictory. Courts have vacillated on a spectrum between love and money, at times focusing on the recipient’s romantic relationship (See In Support of Halford, 70 Ill. App. 3d 609, 612 ruling the "husband-wife relationship” contemplates “acts of sexual intercourse as part of the full or de facto husband-wife relationship”) and at times focusing on the recipient’s financial relationship (See In Re Marriage of Sappington, 106 Ill.2d 456 (1985) ruling that “it is the husband-and-wife-like relationship which bears the rational relationship to the need for support, not the absence or presence of sexual intercourse.”) The one constant through it all is the “husband-wife relationship” which, in a world where married couples can have open relationships, financial independence, and even physical independence, distills the doctrine of cohabitation down to the clarity of mud. Review practical considerations, such as where a payor and recipient would be wise to focus their arguments, and philosophical considerations, such as whether our doctrine is fair and accomplishing the purpose it was designed for.

This course explains the ins and outs of mediation to attorneys and answers the frequently asked questions they may have concerning the mediation process. Topics include the role of the mediator, preparing a client for mediation and the value of premediation contact. The course also covers advantages and disadvantages of mediation, how to conduct remote mediation, and how to use virtual conferencing options for a session.

Covers the preparation of a Financial Affidavit used in Domestic Relations matters, including parentage cases and prejudgment and post judgment dissolution of marriage matters. Includes a discussion of the requirements for completion of the affidavit and pitfalls in its preparation.