Publications

Illinois Bar Journal

 

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Articles on Family Law

From the Newsletters - ‘Joint custody’ lives on by a new name under the IMDMA rewrite October 2016 Article, Page 46 Though the term "joint parenting" has replaced "joint custody," the joint-custody concept survives under the new law - which means judges must continue to put kids first when making parenting decisions.
Equitable Adoption: Are Kids Parental Property in Illinois? By Jeffrey A. Parness September 2016 Article, Page 36 In In re Scarlett Z.-D., the Illinois Supreme Courtrefused to grant equitable adoption rights to a nonparent who had played a childrearing role. The author looks at the policy issues surrounding the role of nonparents in childrearing.
From the Newsletters - Cleanup legislation makes technical fixes to the divorce-law rewrite. September 2016 Article, Page 42 Public Act 99-0763 ties up some loose ends left after last session's sweeping reworking of the Illinois Marriage and Dissolution of Marriage Act.
Attorney fees appropriate in termination of parental rights and adoption proceedings subsequent to divorce August 2016 Illinois Law Update, Page 18 On May 27, 2016, the Appellate Court of Illinois held that the court may award attorney fees to a party in cases involving termination of parental rights and adoption proceedings under section 508 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
Collaborative Conflict By Tiffany M. Alexander August 2016 Article, Page 32 Look to mediation for ways to reduce misuse of the collaborative-law process, this author recommends.
DCFS expands and refines its terminology August 2016 Illinois Law Update, Page 18 The Department of Children and Family Services ("DCFS") adopted amendments that change pertinent definitions to 12 Parts. 89 Ill. Adm. Code 300 (eff. May 16, 2016).
From the Discussions - Is a pension share transferred in divorce taxable to the recipient? August 2016 Article, Page 30 Q. When one divorcing spouse gets a part of the other's pension as part of a court order, is that portion taxable to the receiving spouse?
Divorce judgment based on negotiated postnuptial agreement not unconscionable simply for being favorable to one side July 2016 Illinois Law Update, Page 18 On May 3, 2016, the Third District Appellate Court affirmed the circuit court's denial of a husband's motion to vacate judgment for dissolution of marriage claiming that the parties' postnuptial agreement was unconscionable.
From the Discussions - Is maintenance ‘income’ for child-support purposes? July 2016 Article, Page 42 Is maintenance 'income' for purposes of determining child support?
Modification to a permanent maintenance award is appropriate based on a change in financial situation June 2016 Illinois Law Update, Page 18 On September 28, 2015, the First District of the Illinois Appellate Court issued several rulings in a consolidated appeal addressing the modification of a permanent maintenance award and an award for prospective attorney fees.
Statewide forms released for interim fee awards, financial affidavits in divorce By Matthew Hector June 2016 LawPulse, Page 12 The Illinois Supreme Court has released two required statewide forms for divorce cases, and legislators have introduced a bill to remove ambiguities in last year's IMDMA rewrite.
Appellate court upholds order of dissolution that found 401(k) retirement plan to be marital property and denied award of attorney fees May 2016 Illinois Law Update, Page 16 On February 26, 2016, the Second District Appellate Court affirmed the circuit court's allocation of property in its order of dissolution of marriage and denial of attorney's fees to the wife.
From the Discussions - Addressing visitation by an abusive noncustodial parent. May 2016 Article, Page 41 What's the best way to stop visitation by an abusive noncustodial parent?
Making Post-Divorce Property Transfers Less Taxing By Jessica Berger May 2016 Article, Page 36 Under Section 1041 of the Internal Revenue Code, property transfers between ex-spouses are tax free if they happen within a year of divorce. But Section 1041 can also apply to some transfers that take place after a year. Here's how it works.
Dating, Maintenance, and Miller By Leon I. Finkel and Katelyn A. Blanchard April 2016 Article, Page 34 In a ground-breaking ruling, the second district in Miller found that an intimate dating relationship was not a de facto marriage that triggered termination of maintenance after divorce. The ruling is a step forward, the authors argue.
Expanded definition of “sibling,” and new requirements for DCFS to encourage sibling relationships in adoption and foster care April 2016 Illinois Law Update, Page 18 The Department ("DCFS") has adopted amendments concerning contact and visitation between siblings when some or all are in DCFS custody and not living in the same household.
From the Discussions March 2016 Article, Page 54 Should you charge a consultation fee? How do you find an out-of-state child?
From the Newsletters March 2016 Article, Page 52 10 big changes to family law.
Court requires divorce lawyers to give earned fees to opposing counsel By Matthew Hector February 2016 LawPulse, Page 12 In In re Squire, the appellate court expanded the reach of the IMDMA's "leveling the playing field" provision by requiring a spouse's attorney to disgorge already earned fees to the other side.
From the Discussions February 2016 Article, Page 32 Should I call one of the kids to testify in a custody case? Can a lawyer contact the opposing party’s family? Can my client get an extension of time to complete traffic school?
Inherited individual retirement accounts not exempt from § 12-1006 civil code collection under a marriage settlement agreement February 2016 Illinois Law Update, Page 18 On September 14, 2015, the First District Appellate Court held that funds in an inherited IRA are not exempt from collection under the retirement plan exemption of section 12-1006 of the Illinois Code of Civil Procedure.
Representing Clients Under the New Illinois Pregnancy Accommodation Act By Jennifer Purcell February 2016 Article, Page 26 An overview of the groundbreaking Illinois Pregnancy Accommodation Act and what it means for employers and employees.
Child Support and College-Bound Children of Divorce By Tiffany M. Alexander January 2016 Article, Page 34 The author explains how custodial parents are entitled to support payments for an emancipated child's expenses the summer before college and while on break.
Judicial registration and petitions for relief now available for administrative paternity orders January 2016 Illinois Law Update, Page 18 The Illinois Public Aid Code has been amended to provide for judicial registration of both administrative support and paternity orders.
An Overview of the Illinois Parentage Act of 2015 By Margaret A. Bennett December 2015 Article, Page 28 The new Act, effective January 1, is a complete rewrite of Illinois parentage law that reflects changes in cultural norms and reproductive technology in the past 30 years.
The New and Improved Illinois Marriage and Dissolution of Marriage Act By P. André Katz and Erin B. Bodendorfer November 2015 Article, Page 30 The rewrite of the Illinois Marriage and Dissolution of Marriage Act, effective January 1, fundamentally changes family law practice. Here's a summary of key provisions.
Can I stop a pro se parent from filing repeated motions for custody? October 2015 Article, Page 23 Can I stop a pro se parent from filing repeated motions for custody?
Using Expert Testimony to Make the Case for Grandparent Visitation By Michael K. Goldberg October 2015 Article, Page 38 Thanks to a recent Illinois Appellate Court case, grandparents have a roadmap for using expert testimony to win court-ordered visitation with their grandchildren.
Dispute over the disposition of pre-embryos resolved by honoring the parties’ prior agreement September 2015 Illinois Law Update, Page 18 On June 18, 2013, the First District of the Appellate Court held that in disputes regarding the disposition of pre-embryos, the court would honor any prior agreement between the parties.
Solving for the X & Y: The Illinois Spousal Maintenance Guidelines By Jeffrey L. HIrsch September 2015 Article, Page 32 The Illinois spousal maintenance guidelines were enacted to provide clarity and uniformity in maintenance calculations. But they raise their own set of questions.