Does the decree provide for long-term success and stability?By Rob ZuikerFamily Law, March 2019When you resolve a divorce for your client and the decree is finalized, are you confident that your client is now properly positioned for the next stage?
Is cryptocurrency the new Swiss bank account?By Janice L. Boback & Stephanie L. TangFamily Law, March 2019The basics of bitcoin trading and tips for lawyers to help protect and educate their clients.
Unintended consequencesBy William ScottFamily Law, March 2019Summaries of cases that demonstrate the problems that arise when a client does not remove their ex-spouse as the beneficiary.
Is it income? Depends who is countingBy Richard D. Felice & Joseph M. BeckFamily Law, February 2019After considering the new maintenance formula, the repeal of the Illinois deduction, and changes in section 505 of the Illinois Marriage and Dissolution of Marriage Act, attorneys are now confronted with an ever-changing landscape as to what defines a party's income for child support and maintenance calculations.
Enforcement of prenuptial agreements following Kranzler and WoodrumBy Stephanie L. TangFamily Law, December 2018Two recent cases—In re Marriage of Woodrum and In re Marriage of Kranzler—help clarify the criteria courts will consider when determining enforceability of a prenuptial or postnuptial agreement.
In re Marriage of Hodges: Equitable estoppel revisitedBy Arnold F. BlockmanGeneral Practice, Solo, and Small Firm, December 2018A summary of In re Marriage of Hodges, in which the court found equitable estoppel to be a valid defense to an enforcement proceeding to collect a child support arrearage.
New programs in Cook County’s Domestic Relations DivisionBy Grace G. DicklerFamily Law, November 2018In light of recent changes in family law in Illinois and an uptick in the number of litigants navigating cases without assistance of an attorney, multiple committees have been assembled to ensure that Cook County's Domestic Relations Division offers programs and policies appropriate to meet the changing needs of families.
Alleging and defending dissipation: Cheating, gambling, and jet-setting—oh my!By Marie SarantakisFamily Law, September 2018When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act, courts are to assess whether a spouse engaged in the dissipation of marital assets.
In re Marriage of Hodges: Equitable estoppel revisitedBy Arnold F. BlockmanFamily Law, September 2018A summary of In re Marriage of Hodges, in which the court found equitable estoppel to be a valid defense to an enforcement proceeding to collect a child support arrearage.
Not so fast, Buddy—Retirement and termination of maintenanceBy Marilyn F. Longwell & Anne L. MuellerFamily Law, September 2018Not unlike the issue of the award of maintenance at the time of dissolution, the totality of the circumstances must be considered as to whether retirement justifies a termination of maintenance.
Conditional residency in immigration family law cases: Who has the burden of proof?By Patrick M. KinnallyInternational and Immigration Law, November 2015The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Family law professionals welcome new collegial forumBy Linda SheehanFamily Law, December 2013The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
Chair’s columnBy William J. ScottFamily Law, November 2012A message from Family Law Section Chair Bill Scott.
Parenthood in civil casesBy Jeffrey A. ParnessCivil Practice and Procedure, May 2012Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
For §513 contributions, why not use your IRA—penalty free?By Edward J. BurtFamily Law, March 2012The practitioner may consider crafting a settlement agreement that utilizes IRA accounts as a source for funding the college education expenses, and thus, the client has somewhat resolved the college funding issue and removes some of the uncertainty as to his/her future obligation for college expenses.
Broken engagementsBy Kelley ManzanoFamily Law, June 2011In the event of a broken engagement, who keeps the ring and who is responsible for the wedding planning expenses?
Even divide among districts on post-decree appellate jurisdictionBy Jan R. KowalskiFamily Law, June 2011For now, the matrimonial law practitioner needs to be cognizant that the appellate jurisdiction over a post-decree order, absent a 304(a) finding, is entirely dependent upon to which Appellate District the matter is brought.
The Illinois Religious Freedom Protection and Civil Union ActBy Richard A. WilsonDiversity Leadership Council, June 2011When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.
Signing a Voluntary Acknowledgement of Paternity is not fatalBy Rebecca E. CahanYoung Lawyers Division, June 2011It is our job and duty as lawyers to make sure we know the law and ask the right questions to determine whether a voluntary acknowledgment of paternity may be challenged on the grounds of fraud, duress, or material mistake of fact.
Who is going to pay for college?By Kelli E. GordonFamily Law, August 2010College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New senior minefield: The DRA comes to IllinoisElder Law, June 2010The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Dischargeability of child representative and guardian ad litem fees in bankruptcyBy Arthur W. RummlerChild Law, March 2010This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
