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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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Customer Question

I have two questions where would I find documentation in the law that a pending workers compensation that is to be retirement considered marital asset in a divorce. And what is the statute of limitation to appeal a divorce ruling court order? All in the state of Illinois
Submitted: 1 year ago.
Category: Family Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

Please note that actual research is beyond the scope of this forum. I can answer your general question with the understanding that it would not be considered bad or poor service. Also in the future note that it is one question per post but I will answer both if you want to proceed. Just let me know. Thanks
Customer: replied 1 year ago.


Im not sure how to rate something that I havent read yet? Im happy to have found your services although not comfortable rating at this time until further evaluation upon response. I hope you understand.

Expert:  lwpat replied 1 year ago.
I understand but no rating is required. You asked for soemthing beyond the scope of this site. I don't mind trying but I want to be assured of either no rating or a positve rating.
Customer: replied 1 year ago.


I will most certainly rate your services I think its great that you have such a site to offer. Im certain as to your credentials you have the answers of what Im searching for. I thank you for assisting me.

Customer: replied 1 year ago.

I was just checking to see if you were going to try to answer my questions my computer showed a count down then that there was a response to view. I know it can take awhile if you could let me know an estimate of time then I will await your response patiently.


 


Thank you very much. Im not technical savvy.

Expert:  lwpat replied 1 year ago.
As to the workers compensation, if the payment is for wages then it is considered marital property subject to division. You stated that it was to be retirement so I am not sure how a WC settlement is a retirement fund. A retirement fund that is earned during the marriage is always considered as marital funds. If it is payment for pain and suffering, then that is personal to you and is not marital property.

What is and is not marital property subject to a division is found in
750 Illinois Compiled Statutes - Chapter 5 - Sections: 503

http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59

Illinois is an equitable division state so the court can divide the marital property in any way that they determine is equitable and fair under the circumstances.

You have thirty days after entry of the final order to appeal. Here is an article on the appeal process.

http://www.gitlinlawfirm.com/qa/documents/AppealsandFinalOrders1_001.pdf

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lwpat
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Practicing family law attorney