Author Archives: Burton S. Hochberg

Burton S. Hochberg

About Burton S. Hochberg

Helping clients negotiate one of divorce’s most challenging issues—the division of property—Burton Hochberg brings a welcome objectivity and practicality to the table. Mr. Hochberg assists clients in identifying and prioritizing their concerns, and evaluating settlement options from a cost-benefit perspective.

The Background and History of Pride Month

Schiller DuCanto & Fleck LLP is committed to gender identity and sexual orientation equality and diversity.  The firm has represented many LGBTQ couples in a variety of family law cases, created an LGBTQ committee and conducts and hosts ongoing educational programs regarding LGBTQ issues. This is the first of a series of blogs regarding LGBTQ […]

For Better or For Worse

Spouses contemplating divorce often factor into their decision as to whether or not they should end their marriage the potential harm a divorce may cause to their children.  Some parents feel that by staying married they are honoring a commitment or setting a good example for children.   Other parents, however, do not necessarily focus […]

Couches, Lamps and Ashtrays – Resolving Personal Property Division

Most attorneys put off the resolution of personal property division to the end of the case. Unfortunately, waiting until the end of the case sometimes allows for the parties’ residual anger and resentment to be focused on what otherwise should be a fairly straight forward problem to resolve. The law requires assets and liabilities to […]

Infidelity

Marital infidelity is common and much has been written on the subject. Recently, the Wall Street Journal published an article entitled “The Signs Before An Affair”, Wall Street Journal, January 27, 2015, page D1.  While not necessarily scientific, the “signs” include: Gender; Certain ages being more prone to cheating; History of past infidelity; Dissatisfaction with […]

Custody Awards to Stay at Home Fathers – Myth or Reality

Most people would like to believe that custody laws in Illinois are gender neutral. While earlier case law favored mothers of young children under “the tender years doctrine”, in an effort to be more gender neutral, the custody laws were rewritten in the 1970’s and 1980’s so that they now clearly indicate that it is […]

The “Without Prejudice” Order

When is a “without prejudice” order really without prejudice?  In my experience, rarely.  This opinion is predicated on my experience with temporary orders which have been entered sometimes with the Court’s assistance, sometimes as a result of agreements made between counsel and sometimes even after an evidentiary hearing.  When an Order is entered “without prejudice,” […]

Top Ten Myths in Illinois Divorce Cases [Myth #10]

Myth: Permanent maintenance is forever. Not true. Permanent maintenance, also known as indefinite maintenance, is modifiable based upon a substantial change in circumstances.  Under Illinois law, permanent maintenance abates upon the remarriage, cohabitation, or death of the recipient.  It is modifiable based upon a change in circumstances that is involuntary. A person who loses a […]

Top Ten Myths in Illinois Divorce Cases [Myth #9]

Myth: If I don’t like the outcome of my divorce trial, I can always modify it. The answer is, generally not.  Once a judgment is entered as a  result of a contested trial, child support and maintenance are not modifiable unless there is a substantial change in circumstances that is proved in an evidentiary hearing, […]

Top Ten Myths in Illinois Divorce Cases [Myth #8]

Myth: All support payments are tax deductible. Wrong. Maintenance payments ordered by the court or covered in a Marital Settlement Agreement if they abate upon the death of the payee, are generally tax deductible to the payor and tax includable to the payee. Child support payments are not deductible by the payor or tax includable […]

Top Ten Myths in Illinois Divorce Cases [Myth #7]

Myth: If I have no income, I can’t be ordered to pay child support or maintenance. Not true. Illinois courts, as do most states courts, will go out of their way to protect children in connection with child support payments. If a party does not have employment, the court can take assets from that person, […]