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Family LawThe newsletter of ISBA’s Section on Family Law

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Newsletter articles from 2009

Alimony in lieu of property By David H. Hopkins June 2009 Especially with the United States economy as it is, lack of liquidity is a common reality; and, in some such cases, the would-be property transferor may prefer to draw on future income so as to effect a “buy-out” of marital property claims.
Case law update By Ross S. Levey April 2009 Recent cases of interest to family law practitioners.
Case law update By Craig M. Mandell and Ross S. Levey February 2009 Recent cases of interest to family law practitioners.
Case law update By Craig M. Mandell and Ross S. Levey January 2009 Recent cases of interest to family law practitioners.
Chair’s column By Ross S. Levey December 2009 Over the past few months, I have had the privilege of speaking at lectures put on by three different organizations: The Illinois State Bar Association, the American Academy of Matrimonial Lawyers, and The Lilac Tree: Resources for Divorcing Women 
Co-editors’ note By David N. Schaffer and Matthew A. Kirsh April 2009 A note from newsletter editors Matthew Kirsh and David Schaffer.
Confidentiality issues for family lawyers By Marilyn Longwell November 2009 It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Districts diverge on life insurance as security for maintenance By Jan R. Kowalski February 2009 In the Fourth District, courts are able to order life-insurance as security; but, in the Second and Third District, courts are not.
Drug testing—What you need to know and what you get may not be what you need By William S. Wigoda September 2009 As practitioners we need to attempt to determine that the drug testing is accurate, responsible and follows appropriate protocols and that the chain of custody of the samples is maintained with integrity.
Editor’s column By Matthew A. Kirsh November 2009 On August 18, 2009 the governor signed Senate Bill 0065, which became Public Act 096-0583, which significantly alters the law regarding attorney fees in divorce cases.
Enforceability of ERISA waiver provisions in antenuptial agreements By Michael DiDomenico March 2009 It is appropriate to recognize an action in breach of contract against spouses for failure to waive their ERISA benefits as promised in a prenuptial agreement.
Immigration relief available to domestic abuse victims By Julie Gerber-Sollinger May 2009 A look at three main areas of immigration relief available to families plagued by abuse, neglect, and domestic violence—the Special Immigrant Juvenile Status Visa, the U Visa, and protection under the Violence Against Women Act.
Maintenance: ‘Til death do us part By Matthew G. Shaw January 2009 Illinois trial courts have routinely imposed life insurance provisions on maintenance obligors, in order to secure maintenance payments.
Message from the Chair By Ross S. Levey September 2009 A note from Family Law Section Chair Ross Levey.
Message from the Chair By Paulette Gray July 2009 A message from outgoing Section Chair Paulette Gray.
Message from the Chair By Paulette Gray June 2009 A message from chair Paulette Gray.
Message from the Chair By Paulette Gray May 2009 A note from Chair Paulette Gray.
Message from the Chair By Paulette Gray April 2009 A note from Chair Paulette Gray.
Message from the Chair By Paulette Gray March 2009 A note from Chair Paulette Gray.
Message from the Chair By Paulette Gray February 2009 A note from Chair Paulette Gray.
Message from the Chair By Paulette Gray January 2009 A note from Chair Paulette Gray.
Practice note: Defenses to claims for unpaid child support By Joan Scott July 2009 Practitioners should be vigilant in advising their clients who are ordered to pay child support of the obligation to seeking modification when their financial circumstances are reduced.
Practice trap: It ain’t over ‘til it’s over (Did the Supreme Court decision in Best really make a difference?) By Douglas B. Warlick June 2009 Essentially, a party seeks a declaratory judgment to determine if certain property rights within a dissolution action will be governed by statute or be construed pursuant to a contract between the parties.
Preparing clients for mediation By Kathleen M. Kraft April 2009 Consider the following steps when preparing your client for mediation.
Retained earnings of a family business: Income, asset, or both? By Rory Weiler July 2009 Are retained earnings income (as it appears from the definition) or are they assets? 
Supreme Court Rule 213(f)—Witness interrogatories By Ross S. Levey December 2009 As divorce practitioners, we sometimes gloss over the requirements of the Code of Civil Procedure and the Supreme Court Rules.
Take the house but the dog is mine: Anecdotal “tails” about pet custody issues in divorce By Angela Peters December 2009 PART TWO OF TWO PARTS (PART ONE APPEARED IN THE NOVEMBER 2009 NEWSLETTER)
Take the house but the dog is mine: Anecdotal ‘tails’ about pet custody issues in divorce By Angela Peters November 2009 The first of a two-part series discussing pet custody issues.
Ten things a trial attorney MUST DO to preserve the record for a family law appeal By Gregory C. Maksimuk September 2009 Ten things every trial attorney needs to know to prosecute a family law appeal.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven June 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.