MsMissy
recently joined
Reged: 11/29/06
Posts: 1
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Where can I find case law for Illinois to terminate maintenance since the x has been cohabitating for over a year now?
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Mrss
recently joined
Reged: 11/27/06
Posts: 7
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There seem to be a few of us interested in this, and not many people interested in replying...
I am sorry I don't have advice.
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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I'm not sure where you'd find case law, but what does your divorce decree state? Usually it doesn't end until the time is up or the x remarries.
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Mrss
recently joined
Reged: 11/27/06
Posts: 7
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In which case maintenance could stop because the ex is now "married"....
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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No they don't have common-law marriage in Illinois.
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mommy2boys
addict
Reged: 06/01/05
Posts: 497
Loc: Louisiana
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Here is a case I found just by doing a search on Yahoo.
Elenewski v. Elenewski, No. 4-04-0538 (Ill.App. Dist.4 05/12/2005)
On August 11, 2003, respondent, John F. Elenewski, filed a petition to terminate maintenance based on his belief that petitioner, Loretta C. Carter, had begun to cohabitate with another man sometime prior to April 30, 2002. In a June 2004 order, Judge Rebecca Simmons Foley terminated John's maintenance obligation, retroactive to the date John filed his petition to terminate maintenance. John appeals, arguing that the trial court should have terminated the maintenance portion of the unallocated support effective May 2002, when Loretta began residing with Robert L. Carter. We affirm.
http://www.specialtylaw.com/ILFL/ILFLOP.HTM
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Mrss
recently joined
Reged: 11/27/06
Posts: 7
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If I was that guy, I wouldn't be appealing, just be glad to be rid of the burden and walk away...
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Curmudgeon
Pooh-Bah
Reged: 06/02/05
Posts: 2002
Loc: MO Ozarks
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IL law specifies the following and numerous instances of case law may be found at: http://www.familylawsoftware.com/splitgen/sp/il/changesinsituation.htm
Illinois Law - When Might Spousal Maintenance Be Modified?
Spousal maintenance automatically terminates if any of the following occurs:
• The death of either party; or
• The remarriage of the recipient; or
• If the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis.
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What me worry. I'm retired!
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jazz_iam
recently joined
Reged: 01/13/07
Posts: 13
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I am looking at something along those same lines and came across the case law below:
Klein (1992) 173 Ill.Dec.335, 231 Ill.App.3d 901, 596 N.E.2d 1214 (Because the wife was "cohabiting" with another man, the appeals court decided that the wife could not receive spousal maintenance, even though the trial court had awarded it. The marriage had lasted six years, and there were no children. The appeals court, interpreting the language of the Illinois statute, said that no maintenance could be awarded if the recipient wife was cohabiting at the time of the award. In this case, the wife had been dating for about eight months, and the new man sometimes stayed at her home for as much as a week at a time. The appeals court questioned whether the relationship really constituted "cohabiting," which required the court to deny maintenance. But the wife had agreed to label the relationship as "cohabiting," and so the court would not change that label. Maintenance was denied.)
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jazz_iam
recently joined
Reged: 01/13/07
Posts: 13
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Check out the case below:
Klein (1992) 173 Ill.Dec.335, 231 Ill.App.3d 901, 596 N.E.2d 1214 (Because the wife was "cohabiting" with another man, the appeals court decided that the wife could not receive spousal maintenance, even though the trial court had awarded it. The marriage had lasted six years, and there were no children. The appeals court, interpreting the language of the Illinois statute, said that no maintenance could be awarded if the recipient wife was cohabiting at the time of the award. In this case, the wife had been dating for about eight months, and the new man sometimes stayed at her home for as much as a week at a time. The appeals court questioned whether the relationship really constituted "cohabiting," which required the court to deny maintenance. But the wife had agreed to label the relationship as "cohabiting," and so the court would not change that label. Maintenance was denied.)
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