Publications

Articles on Family Law

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.

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.

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.

New factors used in calculating maintenance award duration

April
2018
Illinois Law Update
Page 16
The Illinois Marriage and Dissolution of Marriage Act is amended to adjust the minimum threshold for certain maintenance provisions and the factors used in calculating maintenance duration.

From the Newsletters - Effective January 1, courts must take pet well-being into account in divorce.

By Alicia Hill Ruiz
February
2018
Article
Page 43
The stakes for "pet custody" decisions are higher now that a new law requires judges to "take into consideration the well-being of the companion animal."

From the Newsletters - Transfer the marital home during, not after, divorce.

By Adam Whiteman
February
2018
Article
Page 42
It's in each party's interest to wrap up property issues during the divorce and not wait till after, when things can get a lot more complicated.

Allocation of companion animal during the dissolution of marriage

December
2017
Illinois Law Update
Page 16
The Illinois Marriage and Dissolution of Marriage Act has been amended to address the allocation of companion animals

From the Newsletters - The case for postnups

November
2017
Article
Page 37
Postnuptial agreements sometimes get a bad rap, but like their prenup counterpart they can be a powerful planning tool for couples.

New family-law act eases name changing, revises maintenance calculation

By Matthew Hector
November
2017
LawPulse
Page 14
Changes to Illinois spousal maintenance law streamline the process for name changes, revise how the duration of maintenance is calculated, and increase the number of cases to which the law applies.

Standardizing monetary child support obligations

November
2017
Illinois Law Update
Page 20
Section 505 of the Illinois Marriage and Dissolution of Marriage Act has been amended to create a standardized method to calculate monetary child support obligations (750 ILCS 5/505).

From the Newsletters - 5 estate planning steps for divorcing clients.

October
2017
Article
Page 38
Divorcing clients should change beneficiary designations and take other steps to make sure their soon-to-be ex doesn't reap an unintended windfall if they die before the divorce is final.

New court-approved family law, small claims forms will be released soon

By Matthew Hector
October
2017
LawPulse
Page 12
The Illinois Supreme Court continues to build its library of court-approved forms, available to pro se litigants and lawyers alike.

Child support awards calculated using the income shares model

September
2017
Illinois Law Update
Page 18
Basic child support awards will now be computed based upon income allocated for the support of the child as if the parents and child were living in the same household.

Collaborative Law: A Brief Overview

By Sandra Crawford
September
2017
Article
Page 28
Collaborative law, a consensual, non-litigation model of conflict resolution, has been practiced in Illinois for more than 15 years. The Illinois Collaborative Process Act formally recognizes its use in family law and other settings.

From the Discussions - How should you handle parents’ contributions for kids’ extracurricular activities in divorce cases?

September
2017
Article
Page 43
Q. How do you usually determine parents' contributions towards extracurricular activities in martial settlement agreements?

From the Newsletters - Will the new child support guidelines help or hurt your client?

September
2017
Article
Page 41
The new income shares child support calculus can produce dramatically different results from the old percentage guidelines.

Arguing Affidavits of Support

By Stephanie L. Tang
August
2017
Article
Page 34
U.S. citizens must complete an affidavit of support if they file for their immigrant spouse to become a permanent resident. But if the partners divorce, the support obligation created by the affidavit is strict and potentially indefinite.

From the Discussions - Are vision and dental costs ‘medical expenses’ for child-support purposes?

July
2017
Article
Page 48
Q. If a support order requires payment of "medical expenses," does it apply to costs related to dental and vision care?

“Minor modification” does not include six-percent increase in parenting time that would result in fifty-fifty split

July
2017
Illinois Law Update
Page 18
The appellate court upheld the dismissal of a parent's motion to modify parenting time under section 610.5(e) where the trial court found "an additional overnight every 14 days [was] not a minor modification as contemplated by [the section]."

DHFS implements multiple new laws

June
2017
Illinois Law Update
Page 18
The Department of Healthcare and Family Services adopted extensive amendments to Child Support Services to implement several different public acts.

Divorce, Death, and Retirement Benefits

By Dorothy A. Voigt
June
2017
Article
Page 32
When retirement-plan participants die, what happens to their ex-spouses' benefits? This article looks at a variety of death-after-divorce benefit division scenarios.

From the Discussions - Does the new child support statute apply to pending cases?

June
2017
Article
Page 24
Q. Does the income shares child support calculation method that takes effect July 1 apply to cases in the pipeline?

New income shares child support calculation method takes effect July 1

By Matthew Hector
June
2017
LawPulse
Page 12
Heads up, family lawyers - beginning next month, Illinois will trade the percentage guideline child support formula for the income shares method used in the majority of states.

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