Legal Question in Civil Litigation in Illinois

Why is it allowed that a judge can order spousal maintenance for a convicted drug offender?

This individual was just convicted of a Felony Drug possession / use charge and the Judge in the divorce case awarded her maintenance. Isn't that feeding fuel to the problem? Why isn't there a law preventing that situation form happening?

Thank you


Asked on 9/28/10, 8:21 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

In what order did this occur. Conviction then award or award then conviction. Either way, this is discretionary with the Judge. Why is irrelevant. Judges do not have a lot of sympathy for a deadbeat druggie, nor should they.

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Answered on 10/03/10, 4:55 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Try contacting your local legislator. If the laws were to prohibit the awarding of maintenance under those circumstances, the judge could not order it.

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Answered on 10/04/10, 3:30 pm


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