Thomas E. Grotta

Thomas E. Grotta has been practicing law and concentrating in the areas of family law relating to complex financial divorce litigation, contested litigation and child custody litigation since 1975. He is a member of the Family Law Sections of the Illinois State Bar Association, Chicago Bar Association and the Will County Bar Association. Mr. Grotta is also a Fellow in the American Academy of Matrimonial Lawyers and has been recognized for his pursuit of excellence in advocacy by the National Institute of Trial Advocacy and has been selected among his peers and recognized by DePaul University College of Law Family Law Center. Mr. Grotta has been acknowledged by Illinois Leading Lawyers and Illinois Super Lawyers for the past 6 years. Grotta & Associates, P.C. practices in Cook County and Will County with offices located in Orland Park, Chicago Loop and Joliet.

Thomas E. Grotta / “Super Lawyer”

Thomas E. Grotta was featured in the Chicago Magazine as one of Illinois top 100 “Super Lawyers”. Mr. Grotta has been practicing law and concentrating on the area of divorce, custody and family law since 1975. He is a member of the family Law Sections of the Illinois Bar Association, Chicago Bar Association, and Will County Bar Association. He is also a member of the Illinois Trial Lawyers Association and is a fellow in the American Academy of Matrimonial lawyers. Mr. Grotta has also been recognized for his pursuit of excellence in advocacy by the National Institute of Trail Advocacy and has been selected among his peers and recognized by the Leading Lawyers Network and by DePaul University College of Law – Family Law Center. Mr. Grotta has been voted into Illinois Leading Lawyers and has been recognized in Illinois Super Lawyers. He is an experienced trial lawyer and services Cook County and Will County with offices in Orland Park, Joliet and on Michigan Avenue in Chicago.

Liszka 12 D 225; Will County

Judge Victoria M. Kennison

The parties’ Judgment for Dissolution of Marriage was entered on April 16, 2014.  The ex-husband and ex-wife owned and operated a business together.  She was allowed to retain the business and buy-out her ex-husband’s interest for $673,000.  He was also given a six month suspension of any obligation to pay child support to allow him to become employed or otherwise start his own business.  He had done neither.  At the end of the six month period, the ex-wife filed a Petition for Child Support and the establishment of a 503(g) trust.  Judge Victoria Kennison granted her request and ordered the ex-husband to set aside $200,000.

The ex-wife was represented by Thomas E. Grotta and Kelly D. Marks of Grotta & Associates, P.C.  The ex-husband was represented by Michael F. Roe of the Law Offices of Michael F. Roe, P.C.

The ex-husband had a Bachelor’s degree in science and financing.  During the marriage, the ex-husband had been the Chief Financial Officer and Chief Executive Officer of the marital business, ISP Painting, Inc.  He worked there for over 20 years.  He was placed on administrative leave in June of 2012, due to official misconduct.  The ex-wife proved that the ex-husband was discharged for breach of fiduciary duty as testified to by expert witness, Marnie Gucciard, and that a letter had been sent to him placing him on administrative leave and advising him that he could contact customers, suppliers and vendors of the corporation for the purpose of seeking employment.

During his period of administrative leave, he received full compensation.  He was paid his regularly salaried compensation of approximately $210,000 per year until the end of April, 2014.  Sometime in June of 2014, he was officially terminated from ISP Painting, Inc.

At the time the Judge entered the Judgment for Dissolution of Marriage, it was contemplated that the ex-husband would require some time in which to become self-employed or obtain new employment.  He was given six months additional time to do that.

Judge Kennison found that the ex-husband was voluntarily unemployed.  He was unwilling to pay the necessary support for his children and the Judge imputed income to him in the amount of $17,500.00 per month, which was the amount that he expended for his own personal and living expenses.  The Judge also found that the ex-wife was making approximately $261,500.00 per year.  She determined the appropriate amount of child support for the three minor children was $3,765.00 per month.  That was consistent with the statutory guidelines of 32 percent of the ex-husband’s net income.

Judge Kennison found that the ex-husband had not acted in good faith and tried to avoid his obligations to fully support the children.  The Judge granted the ex-wife’s request for the imposition of a 503(g) trust.  $200,000 of the $673,000 that was allotted to the ex-husband pursuant to the buy-out would be set aside in trust to secure payment of child support.  The ex-wife was to be trustee for the benefit of the children.  She was to be allowed to withdraw monies on a monthly basis in the amount of $3,765 per month if not otherwise paid by the ex-husband.