Illinois Bar Journal


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Articles on Family Law

Collaborative law proposal approved by ISBA Board, Assembly By Matthew Hector December 2016 LawPulse, Page 10 The proposal would expressly allow divorcing couples to work with lawyers on a limited-scope basis to try to reach a settlement and avoid litigation.
From the Newsletters - Defending claims for back child support: long odds against success December 2016 Article, Page 38 While there's a small opening for an equitable defense in a claim for back support, these cases are almost always losers for payors.
From the Newsletters - Should you quit offering free consults? December 2016 Article, Page 38 There are plenty of good reasons to dispense with free consultations for consumer clients. But you might want to test the water before diving in.
The New Income Shares Child Support Guidelines By Margaret Bennett, Nancy Chausow Shafer, and Hon. Pamela Loza December 2016 Article, Page 26 Effective July 1, Illinois will implement a major change in how child support is computed. Here's how the new guidelines will work and why they'll make divorce practitioners' lives easier.
Continuing to not extend mutual property rights to unmarried cohabitants does not violate due process or equal protection November 2016 Illinois Law Update, Page 18 Citing the State's unquestionable interest in the creation, regulation, and dissolution of marriage, the Illinois Supreme Court reaffirmed its 1979 Hewitt v. Hewitt holding that Illinois public policy precludes unmarried cohabitants from bringing claims against one another to enforce mutual property rights rooted in a marriage-like relationship.
From the Discussions - What rights does a man have to determine the parentage of an unborn child? October 2016 Article, Page 50 Q. Under the new parentage act, a man can bring an action against a pregnant woman under 46/602(d) as a "man....alleging himself to be the parent of the child"....Is that the only reference?
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.
Illinois Supreme Court declines to extend property rights to unmarried partners By Matthew Hector October 2016 LawPulse, Page 12 In Blumenthal v. Brewer, the Illinois Supreme Court held that Hewitt v. Hewitt is good law and unmarried cohabitants can't enforce marriage-like property rights.
New act provides for child bereavement leave October 2016 Illinois Law Update, Page 18 The Child Bereavement Leave Act provides for unpaid leave for certain employees who lose a child.
Testimony regarding lack of intent to gift does not rebut presumption of transmutation of nonmarital funds to marital property October 2016 Illinois Law Update, Page 18 The First District Appellate Court rejected all three arguments in a wife's appeal regarding the property division in her marriage dissolution.
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.