Howard Peritz

Articles & Opinions

Treatment of Inherited IRAs

As a general rule, inheritance constitutes non marital property. However, the income from that property is income for calculating child support and maintenance. What happens, though, when the person who receives the inheritance is required by law to begin taking distributions?

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Is Non-modifiable Maintenance Really Non-modifiable?

The appellate court of Illinois was recently asked whether or not non-modifiable maintenance could be modified based upon a change of circumstances. In In Re the Marriage of Dynako, 2020 IL App (1st) 192116 (12/3/2020), the appellate court for the Circuit Court of Cook County took up the question.

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Illinois Court perspective on non-competition agreements

The Illinois Supreme Court has completely changed the way the Courts are to look at non-competition agreements. The decision seems to favor the entity attempting to enforce the non-competition agreement.

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"Gross income from all sources" may not mean gross income from all sources

On Tuesday, March 13, 2012, the First District Appellate Court (the court that governs Cook County) issued a ruling that stated that a divorced attorney's withdrawals from his retirement funds should not qualify as income for purposes of determining the amount of money he owes his ex-wife in maintenance.

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