Continuing Legal Education

It’s Not Just Family Law Anymore

May 15, 2014
8:50 a.m. – 5:00 p.m.
7.25 MCLE hours, including 0.75 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Presented by Family Law

Chicago
ISBA Chicago Regional Office
20 S. Clark St, Suite 900
(map and directions)

There are a number of legal disciplines that intersect with the family law practice. As a family law practitioner, you need to be able to identify these areas, know how they may affect your case, and help your client with additional options. Attorneys with intermediate practice experience who attend this seminar will better understand:

  • How to apply the Illinois Civil Practice Act to family law cases;
  • How bankruptcy impacts dissolution cases;
  • How the allegations in a petition for dissolution may become critical in immigration proceedings;
  • How the Uniform Child Custody Jurisdiction and Enforcement Act is used in matters involving foreign custody orders;
  • The various issues that arise when representing an older client during a divorce, including when a guardian ad litem should be appointed and how to divide the side-by-side cemetery plots;
  • How to recover damages for the client who is a victim of spousal misconduct;
  • How to find and recover hidden assets during a divorce;
  • The ethical issues that can arise throughout any of the issues listed above; and
  • Much more!
Please Note: Prior to the program, you will receive a weblink via email allowing you to access the course materials prior to the program. You will also receive a copy of the course materials (for no additional charge) when you arrive at the program, but will need to check the appropriate box on the registration page letting us know if you prefer a flash drive or printed course book.

Program Coordinator/Moderator:
Pamela J. Kuzniar, Kuzniar and Simons, P.C., Chicago

 

Agenda

8:50 – 9:00 a.m.  Welcome and Introductions

9:00 – 10:00 a.m. The Civil Practice Act: Advancing Your Position under the IMDMA and Parentage Act
This comprehensive overview explores the application of the Illinois Civil Practice Act to family law cases and demonstrates how it can help you successfully advocate for your next client.
Morris L. Harvey, Law Offices of Morris Lane Harvey, Mt. Vernon

10:00 – 11:15 a.m.  Bankruptcy and Divorce
Gain a better understanding of how bankruptcy can impact dissolution cases with this informative presentation. Topics include: the impact of filing in a timely manner; prior marital settlement agreements; separation agreements; stipulations of the spouse’s inability to discharge debt after divorce; the risk of creditor attack on former spouses with no obligation to remit support; fresh start applications for bankruptcies filed prior to divorce; conflicts of interest that can arise requiring separate bankruptcy counsel; types of bankruptcy and the preservation of property settlements; the impact of unanticipated discharges on maintenance and child support; and the appropriate measures to take in court when a bankruptcy is concurrent with dissolution to avoid the fines associated with the stay violation.
Paul A. Osborn, Ward Murray Pace & Johnson, P.C., Sterling

11:15 – 11:30 a.m.  Break (beverages provided)
Refreshment Break sponsored by ValuePointe.biz – Business Valuation Analysts

11:30 a.m. – 12:45 p.m.  Immigration Issues in Dissolution Cases
The rise in migrating populations around the world has increased the number of marriages between U.S. citizens and foreign nationals. This segment addresses how immigration status impacts dissolution cases, including how the allegations set forth in the petition for dissolution may become critical in immigration proceedings, how foreign decrees are enforced under principals of comity, how the Uniform Child Custody Jurisdiction and Enforcement Act is used in matters involving foreign custody orders, and how immigration status impacts the IRC 1040 tax free exchange of property in a dissolution action. Malpractice pitfalls and ARDC discipline risks are also discussed.
Macarena Tamayo Calabrese, Executive Director, National Association of Women Lawyers, Chicago

12:45 – 1:00 p.m.  Lunch Served (provided)

1:00 – 2:15 p.m.  Geriatric Dissolution Issues
Increasingly, divorce involves the older client. In these instances, issues of property, spousal support, taxes, gifts, and providing for those golden years is of paramount importance. Geriatric dissolution cases requires a number of careful considerations, including the Medical Catastrophic Coverage Act, a forced break-up by children to preserve parental wealth that might be transmitted to a spouse and subverting the geriatric spouse’s property right, redirecting a parent’s assets to a child, and accepting a power of attorney from the parent or becoming the parent’s guardian or conservator – to name a few. Learn how to proceed when it appears there are three parties to the marriage (the husband, the wife, and stepchild/or preferred child), when a guardian ad litem should be appointed, how to address spousal support, how to assess whether the income stream is assured-through life insurance, disability insurance, or a Qualified Domestic Relations Order, and how to divide the side-by-side cemetery plots.
Hon. Patricia Banks, Circuit Court of Cook County, Chicago
Julia A. Pucci, Pucci Pirtle, LLC, Elgin

2:15 – 3:00 p.m.  Tort: The Bully’s Comeuppance
The dissolution of marriage usually results in an allocation of assets without regard to marital misconduct; however, the abused spouse may be able to recover damages in another court where conduct is clearly relevant. This segment explores the rights of those who have become a victim of spousal misconduct.
Morris L. Harvey, Law Offices of Morris Lane Harvey, Mt. Vernon

3:00 – 3:15 p.m.  Break (refreshments provided)
Refreshment Break sponsored by ValuePointe.biz – Business Valuation Analysts

3:15 – 4:15 p.m.  The Secret Stash: Divorcing Spouses Hiding Assets and Income
It is not uncommon for troubled spouses to hide assets and stash income leading up to (and during) a divorce. This session examines the most common ways that divorcing couples hide their financial assets and secret stashes – from simple to complex transactions, you will learn what to look for and how to get it back! Topics include: the use and application of the Fraudulent Transfer concepts to achieve asset recovery in dissolution of marriage cases; a review and analysis of the Uniform Fraudulent Transfer Act; how to pierce the ownership veil; transfers in fraud of marital inheritance to recover assets; and third-party actions incorporated into the dissolution case for asset recovery, including obtaining attorney fees for recovery under the Illinois Marriage and Dissolution of Marriage Act.
Andrew R. Schwartz, Schwartz & Kanyock, LLC, Chicago

4:15 – 5:00 p.m.  Family Law: Courts of General Jurisdiction*
This panel presentation outlines the ethical issues that attorneys must consider regarding the conflicts identified in the prior presentations and also examines jurisdiction of the courts for both family law and ancillary matters.
Hon. Timothy J. McJoynt, Eighteenth Judicial Circuit, Wheaton
Hon. Jeanne M. Reynolds, Cook Judicial Circuit, Skokie
Hon. Donna-Jo R. Vorderstrasse, Nineteenth Judicial Circuit, Waukegan

 

*Professional Responsibility MCLE credit subject to approval