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After over 27 years as a dedicated and well-respected family law
attorney, Kenneth D. Hubbard has retired effective 8-31-13
and with confidence has transferred his practice to
Mulyk, Laho & Mack, LLC

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Mulyk, Laho & Mack, LLC
Kenneth (Ken) Hubbard, Divorce & Family Law Attorney
 
Always request Life Insurance on the life of the maintenance Payor, (usually the ex-husband), so that in the event the Payor dies prematurely, the recipient (usually the ex-wife) ex- spouse will have funds to help support her or him.  In most cases maintenance/alimony stops when the payor (usually the ex-husband) dies, leaving the surviving spouse with no income to support herself.
Some attorneys and judges may tell you that a court cannot require life insurance on the Payor's life to insure support for the surviving spouse.  The law is not settled on this point, so ask for it, in fact, demand it.
 
 
Don’t wait until after your son or daughter goes to college to file your Petition seeking a contribution from your ex-spouse to pay all or a portion of the child’s college expenses.  If you wait, the court probably will not make your ex-spouse pay anything toward those expenses that occurred prior to your filing your Petition notice to your ex-spouse of the petition seeking contribution.

For example, if the ex-wife paid for the 1st year (even if she borrowed the funds) of the divorced parties son’s college education but didn’t file a petition with the court asking the court to order her ex-husband to contribute to the son’s college education for the 1st year and subsequent years, the court probably will not require the ex-husband to pay any of the 1st year college expenses even if the  ex-husband has the ability to pay and the ex-wife doesn’t have the ability to pay.  See Peterson VS. Peterson No. 1-08-2643 and No. 1-08-2644, dated July 23, 2010.

The bottom line:  File a petition for contribution from your ex-spouse for the child’s college education before the child begins college, not after!


 
 
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    Author

    Kenneth (Ken) Hubbard, Divorce & Family Law Attorney, DuPage County, IL, has  25 years experience in the field of Divorce, Family and  Matrimonial Law. 
    NOTE:  Legal information provided is general and should not be relied on as legal advice.  Legal advice cannot be given without full consideration of all relevant information relating to the blog visitor's individual situation.

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