Illinois Bar Journal

Articles on Family Law

Husband’s obligations under Illinois divorce law do not conflict with obligations under affidavit of support

September
2021
Illinois Law Update
, Page 18
On June 18, 2021, the Second District of the Illinois Appellate Court reversed and remanded a circuit court’s holding that an individual must seek federal relief to a Form I-864 breach-of-contract claim.

I Do Solemnly Sponsor

By Russell D. Knight & Stephanie L. Tang
September
2021
Article
, Page 14
Enforcing an I-864 affidavit in an Illinois divorce.

Spouse is not entitled to equity award if not mentioned in marital settlement agreement

September
2021
Illinois Law Update
, Page 18
On June 18, 2021, the Second District of the Illinois Appellate Court held that a marital settlement agreement (MSA) incorporated in a final judgment for dissolution of marriage trumps an earlier bifurcated judgment for dissolution of marriage

Substantial change not necessary when spouse fails to abide by dissolution judgment

June
2021
Illinois Law Update
, Page 14
On March 5, 2021, the First District of the Illinois Appellate Court held that a wife was entitled to recover from her husband when the husband failed to abide by their dissolution judgment.

Family First

May
2021
Column
, Page 8
A reader’s second thoughts on the right of first refusal.

Financial circumstances alone do not render parents unfit for custody of their children

May
2021
Illinois Law Update
, Page 16
On Mar. 3, 2021, the Fifth District of the Illinois Appellate Court found that a father’s inconsistent child support payments resulting from the father’s job changes did not render the father unfit for custody of a minor under section 2-27(1) of the Juvenile Court Act of 1987.

The What-Was-Contemplated Virus

April
2021
Article
, Page 18
Examining the legal enforceability of electronic signatures in different areas of law and the importance of implementing this technology for Curbing the abuse of the “substantial change of circumstances” concept.

A civil-union partner may seek same parental responsibilities and visitation as a stepparent

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court held that a civil-union partner may seek same parental responsibilities and visitation as a stepparent.

Spouse lacked diligence in presenting section 2-1401 claims before entering into marital settlement agreement

June
2020
Illinois Law Update
, Page 14
More than two years after a judgment of dissolution was entered, a wife filed a petition under 735 ILCS 5/2-1401 to set aside a marital settlement agreement and to vacate the decree or, alternatively, to reset maintenance to the date of dissolution.

Relocation, Relocation, Relocation

By Daniel S. Alcorn
October
2019
Article
, Page 46
Evolving caselaw promotes a more faithful adherence to a deferential standard of review in relocation cases in Illinois.

Are You SURE You Have a Written Fee Agreement With Your Client?

September
2019
Article
, Page 18

Husband to provide permanent maintenance and half of private school tuition for daughter

September
2019
Illinois Law Update
, Page 14
The Fifth District Appellate Court affirmed a lower court order requiring a husband to pay half of the expenses for his daughter’s private school tuition.

Getting ’Put on Papers’

By Sherlyn Smith
August
2019
Article
, Page 20
The case against informal child support arrangements.

When an Ex-Spouse’s Increase in Income Does Not Count

June
2019
Article
, Page 20
When an Ex-Spouse's Increase in Income Does Not Count

Enforcing Judgements and Collection Fees

May
2019
Article
, Page 20
An attorney has a judgment against a former client for attorney's fees. So, now what?

Is Cryptocurrency the New Swiss Bank Account?

May
2019
Article
, Page 18
Why bitcoin and other cryptocurrencies are easy to hide and difficult to value.

Family Boundaries

April
2019
Article
, Page 18
A husband wants his in-laws out of the house. His wife wants them to stay.

From the Newsletters - Estate Planning for Second Marriages

By Richard W. Kuhn
March
2019
Article
, Page 24
Practical advice for estate planning attorneys encountering this emerging client demographic.

Full consideration of interest factors must be given in setting permanency goals

March
2019
Illinois Law Update
, Page 20
On Nov. 21, 2018, prior to the birth of the minor, the Illinois Department of Children and Family Services had opened cases against the respondent mother as to her six other children.

Former attorney is not considered a “party” after seeking fees and costs

January
2019
Illinois Law Update
, Page 16
Seeking attorney fees and costs under section 508(c) of the Illinois Marriage and Dissolution of Marriage Act does not constitute a "distinct cause of action" that allows the other party to, in return, seek fees resulting from the hearing on the section 508(c) petition.

Taming the Guessing Game: Child Support and Variable Income

By Bryan D. Sullivan
January
2019
Article
, Page 38
The benefits of using a predetermined percentage of gross income for additional child support orders under the recently enacted income shares model.
1 comment (Most recent January 10, 2019)

Breaking Up Is Harder to Do

By Nancy Chausow Shafer & Margaret A. Bennett
December
2018
Article
, Page 28
A new maintenance formula, the repeal of the alimony deduction, and other changes that divorcing couples and their attorneys need to know.

New requirement for grandparents and nonparents seeking visitation rights

October
2018
Illinois Law Update
, Page 18
The Illinois Marriage and Dissolution of Marriage Act was modified to require that grandparents and great-grandparents seeking visitation rights for a grandchild with unmarried parents need only legally establish the parent-child relationship for the parent to whom they are related.

A Separate Peace

By Rhys Saunders
September
2018
LawPulse
, Page 10
New Illinois Supreme Court rule provides a clean split between clients and their attorneys in a failed collaborative divorce process.

Declaration of parent-child relationship between nonbiological parent and child appropriate given evidence of co-parenting

July
2018
Illinois Law Update
, Page 16
The Illinois Appellate Court held that the Gestational Surrogacy Act is inapplicable when there is a biological connection between the parent and the child.

Parent not entitled to relocation order when voluntarily underemployed

July
2018
Illinois Law Update
, Page 16
The Illinois Appellate Court reversed a relocation order and found that the relocation was against the best interest of the children when the mother would remain in Illinois and the father could find favorable employment in Illinois.

Changes to the Code of Civil Procedure regarding divorces

May
2018
Illinois Law Update
, Page 18
The Code of Civil Procedure was amended to require notice be given for any name change involving a minor and the Illinois Marriage and Dissolution of Marriage Act received updates to its provisions regarding the use of former or maiden names and maintenance payments.

Mother dispositionally unfit to care for minors after failing to comply with requirements

May
2018
Illinois Law Update
, Page 18
On January 31, 2018, the Appellate Court of Illinois for the Third District found the respondent mother dispositionally unfit and made the father sole guardian and custodian while terminating wardship of the minors.

Parenting-time proposals shift focus from children to parents, critics say

By Matthew Hector
May
2018
LawPulse
, Page 12
Among other changes, controversial proposed legislation would impose a rebuttable presumption in favor of a 50/50 split in parenting time.

Name change provided for in dissolution of marriage

April
2018
Illinois Law Update
, Page 16
The Illinois Marriage and Dissolution of Marriage Act is amended and provides that the court order in a dissolution of marriage shall contain a provision authorizing the person to resume use of his or her former or maiden name, should he or she choose to do so.

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