Illinois Bar Journal


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Articles on Family Law

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?
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.
Custody of pre-embryos awarded to woman despite sperm donor’s objection By Matthew Hector August 2015 LawPulse, Page 10 An Illinois court awarded custody and control of frozen pre-embryos to the woman whose eggs were fertilized to create them.
Family Law Rewrite Signed by Governor By Jim Covington August 2015 Article, Page 44 A far-reaching revision of the Illinois Marriage and Dissolution of Marriage Act is among the bills signed by the governor this session.
Illinois Supreme Court: Social Security can’t be used to offset pension at divorce By Matthew Hector August 2015 LawPulse, Page 10 If a spouse gets a government pension instead of Social Security, can the pension be protected in a divorce settlement to offset the other spouse's Social Security? No, the Illinois Supreme Court held.
Whither domestic partner benefits in the wake of marriage equality? By Matthew Hector August 2015 LawPulse, Page 10 Now that all couples can marry, will companies continue to offer benefits to same-sex partners?
Family law rewrite goes to the governor By Matthew Hector July 2015 LawPulse, Page 12 After years of effort, a major reworking of Illinois family law passes the General Assembly.
Navigating Concurrent Personal Injury and Divorce Cases By Michael Alkaraki and Andrew Vaughn July 2015 Article, Page 32 Lawyers representing clients who are both divorcing and bringing a p.i. claim should work together.
New legislation brings Parentage Act up to date By Matthew Hector July 2015 LawPulse, Page 12 Among other things, a bill reworking the Parentage Act allows courts to refuse DNA testing that could deprive kids of their only known parent.
When is corporal punishment excessive? July 2015 Article, Page 30 Parents have the right to administer corporal punishment in Illinois, unless it's counter to the best interest of the child.
Calculating Maintenance When Income Is Hard to Determine June 2015 Column, Page 47 How do you apply the new maintenance formula when you can't determine income?
Illinois’ Maintenance Formula: News from the Trenches May 2015 Column, Page 45 How one court applied the new spousal maintenance formula.
Subject matter jurisdiction: The state constitution trumps the UCCJEA By Matthew Hector May 2015 LawPulse, Page 10 In McCormick, the Illinois Supreme Court rules in an interstate custody dispute that subject matter jurisdiction comes from the constitution, not from a statute.
Affidavits of Support: Another Option for Divorcing Immigrant Spouses By Molshree Sharma April 2015 Article, Page 32 In addition to seeking spousal maintenance, divorcing immigrants might have another, and perhaps better, way to seek support – suing to enforce the affidavit of support signed by their spouses.