Even if a court meets jurisdictional criteria, it may decline to exercise its jurisdiction, and it must in some cases if it finds that it is an inconvenient forum for making such determinations under the circumstances of the case and that a court of another state is a more appropriate forum.  Klumpner v. Klumpner.

This Act requires that the trial court decline jurisdiction once it is aware that it may be an inconvenient forum, and that the court of another state is more appropriate.  In re Pavelcik.

Even where the requirements of 750 ILCS 35/4 are met and the court has jurisdiction to make a child custody determination, it may decline to exercise it if it finds that court to be an inconvenient forum for the determination under the circumstances of the case, and that a court of another state is a more appropriate forum.  Noga v. Noga.   

This Act involves a process in which the court must first resolve whether it has jurisdiction under 750 ILCS 35/4, and after such a finding, it must determine under this section and 750 ILCS 35/7 whether it should decline to exercise jurisdiction.  In re Levy.

 

                                                Atty. No. 
 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
 MUNICIPAL DEPARTMENT - SECOND DISTRICT

                                                      
Z AN ILLINOIS                  

CORPORATION,                      
               Plaintiff,       v.                               

 No.  2002 
TAMMY   

Defendant.       

 AFFIDAVIT REGARDING ATTORNEY’S FEES
I, Attorney of Record, being duly sworn on oath, having personal knowledge of the relevant herein, and if called as a witness would competently testify as follows:

1. That Affiants are attorneys, licensed to practice law in the State of Illinois since 1988, and 1990 respectively, and that they is paid $100.00 per hour for office time and $125.00 per hour for court time.

2. That Affiants have rendered the usual and customary services as the attorneys for the Plaintiff in regards to the above action and other relief.

3. That the attached itemized statement, marked Exhibit “A”, attached hereto and incorporated herein, as to the services rendered regarding this case is correct to the best of our knowledge.
FURTHER AFFIANTS SAYETH NOT.              

                                                                
                                         Attorney

 

STATE OF ILLINOIS  )
                              )  SS
COUNTY OF C O O K )

 

Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true.
                                                                         Attorney
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Gift
 The circuit court’s conclusion that the bracelet given to petitioner by respondent’s mother, who carried insurance on it, belonged to the petitioner was contrary to the manifest weight of the evidence; therefore, bracelet was not included in marital property.  In re Simmons
 The trial court erred in awarding gold cross to petitioner wife as her separate non-marital property where the evidence established that it was given to husband by his uncle many years prior to the marriage and there was no affirmative proof of an intention to make a gift to the wife.  In re Uluhogian
Improvement
 The stores owned by a husband prior to the marriage remained non-marital despite their absorption of some marital resources because it was permissible for one spouse to improve the other spouse’s non-marital property without making that property marital.  In re Kennedy
Individual Retirement Account
 Where an Individual Retirement Account was treated as the exclusive property of husband since he used the account as an adjustment to income on his separate tax return, this was property acquired solely by husband during the marriage and fell within the exclusion of the prenuptial agreement.  In re Burgess
Investment
 The interest earned during the marriage on one spouse’s investment account was her non-marital property, as an increase in the value of property acquired before marriage remained non-marital property.  In re Deem
Legislative Intent
 The intent of this section as a whole was designed to eliminate disparity between the marriage partners; however, the exceptions (1) through (6) of subsection 9a) of this section manifest the legislative purpose to preserve the character of non-marital property in those situations where the actions of the parties have not created ambiguity.  In re Smith
Test
 Where property was acquired before marriage, title is a relevant indicator to determine at the time of dissolution whether the property has remained non-marital.  In re Drennan

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 Where plaintiff used his equity in first residence to purchase a new home titled in both parties’ names, thereby commingling the properties so as to transmute his equity into marital property, the residence was properly classified as marital.  In re Thacker
 A family residence was properly deemed marital property where the husband purchased the house approximately two months before the parties were married by borrowing $3,000 for the down payment and mortgaging the remaining purchase price, as he never spent any money from personal funds accumulated prior to the marriage, and the mortgage payments were made with marital funds.  In re Ohrt
 Where house was purchased by the parties prior to, but “in contemplation of� their marriage; the parties were living together at the time of the purchase and had discussed acquiring a marital home; they both accompanied the real estate agent to view the property for the first time; they both signed the offer to purchase the property; former wife’s parents provided a loan of $5,000 towards the down payment; and additional $5,000 came from the parties joint funds; they used joint funds in addition to the rental income from the property to make the mortgage payments prior to moving into the home; and during the marriage all mortgage payments were made from marital funds, the house was considered a marital asset.  In re Malters

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Where do you look for these financial documents? Some of the information may be at your fingertips, but some might require sleuthing. Start looking in the obvious places — where you and your spouse keep important papers in the house and in your safe-deposit box, if you have one. But also watch the mail, and be alert to anything from insurance companies, credit-card companies, banks, brokerage firms, and mutual-fund companies. Go to your employer for work-related documents, such as what you currently have in your pension account. Ask your accountant, attorney and financial advisors for copies of any financial information they have,
such as prior tax returns or documents on ownership of property.

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