Practice News

A new public act dramatically changes how spousal maintenance is determined for divorcing couples whose combined gross income is less than $250,000.

The law, P.A. 98-0961, which was crafted by the ISBA Family Law Section Council, creates a formula for calculating maintenance based on the gross income of the parties and the length of the marriage. Up till now, judges calculated maintenance without using a statutory formula similar to the one that applies to child support awards, instead relying on a list of factors that appear at sections 504 and 505 of the Illinois Marriage and Dissolution of Marriage Act. As a result, maintenance decisions vary widely, and lawyers have found it difficult to predict what a court will do when awarding maintenance.

The new formula will change that, once a court makes the threshold decision that maintenance is appropriate in a given case. Although judges aren’t required to use the formula, they must make a finding explaining why they did not.

Under the formula, a maintenance award should equal 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income, not to exceed 40 percent of the parties’ combined gross income when added to the payee’s gross. Here's an illustration of how the math works.

Assume the soon-to-be-ex-husband grosses $50,000 a year, and his wife earns $30,000. Thirty percent of $50,000 is $15,000, and 20 percent of $30,000 is $6,000. Subtract $6,000 from $15,000, and voila – the husband owes the wife $9,000 a year in maintenance. Simple enough.

Q.  Am I allowed to advertise that I am “specialized” in a certain area of law?

A.  Rule 7.4 allows lawyers to advertise that they do or do not practice in a particular field of law. However, the rule also states that the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law. IRPC 7.4(c). For a full explanation, see Rule 7.4.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

The Illinois Supreme Court Commission on Professionalism (2Civility.org) announced today the 2014 Law School Orientation program schedule for all nine Illinois law schools. Incoming students will be welcomed into the legal profession with early exposure to the foundations of the legal profession, including professionalism, ethics and civility.

"The Court believes it is important to impress upon entering law students that they are now entering a profession that requires high standards," said Supreme Court Chief Justice Rita B. Garman. "We appreciate the involvement of attorney volunteers who help introduce the students to the ideals of our profession. It is hoped that the law students will incorporate these ideals into their academic careers and into their law practices upon graduation and admission to the bar."

Justice Robert R. Thomas serves as the Illinois Supreme Court's liaison to the Commission on Professionalism and had recommended to his colleagues the creation of the Commission to encourage greater professionalism in the bench and bar.

"Professionalism is the touchstone of our legal community," said Justice Thomas. "It is essential to be introduced to the ideals of our profession early on for incoming law students. They can begin to incorporate and develop these ideals as students."

The idea behind professionalism programs during orientation grew out of a belief among justices of the Supreme Court that one of the most effective ways of improving professionalism among attorneys is to begin at the earliest stages with law students. The program has had tremendous success over the past few years and is a highlight of both the law school year and the judicial year.

United States Bankruptcy Judge Bruce W. Black of the Northern District of Illinois has applied to be reappointed by the United States Court of Appeals to a new 14-year term when his current term expires on August 12, 2015. A United States Bankruptcy Judge is a judicial officer of the United States District Court who exercises the authority of the district court with respect to any action, suit, or proceeding under Chapter 6 of Title 28 of the United States Code. 28 U.S.C. § 151. Comments are invited from the public and the bar as to whether Judge Black should be reappointed. Those comments should be in writing and sent by September 30, 2014 to:

• COLLINS T. FITZPATRICK
• CIRCUIT EXECUTIVE
• 219 SOUTH DEARBORN STREET, ROOM 2780
• CHICAGO, ILLINOIS 60604