Legal Question in Family Law in Illinois
This is specific to a divorce filed in DuPage County. I've seen this question addressed online, but I want to make doubly sure that I have the appropriate details straight before I proceeed.
My ex-wife stays with her boyfriend on a repeated basis and not just when I have my children. It is also when she has custody. A side note, she is a primary custodial parent. I have learned that she is on his cell phone plan and the kids were told to thank him for helping pay for the Christmas gifts which implies financial intertwining. The relationship is conjugal and I know this from being told by my ex (classy, right?). I'm not a legal research expert but I saw that the Fourth District found in the Herrin case that staying over on weekends constituted "resident" in that case and mine is not far from it.
I would like to learn some insights because the maintenance agreement is due to expire at the end of July 2011. I'm prepared to move forward a petition for cessation of the alimony if there is a legal basis in order to save myself some money.
Thanks in advance.
1 Answer from Attorneys
It sounds like you have really done your research. I'd have to check whether or not the case is good case law, but from what you've described it sounds like you could get maintenance to cease...it depends on if the case is "good law" or not. Is she still maintaining her own residence? Maintenance is a touchy subject to project because it is very discretionary and can depend on the judge.
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