Subject Index Family Law

Barring extraordinary circumstances, court order to sell assets prior to the final dissolution of a marriage is inappropriate

March
2024
Illinois Law Update
, Page 18
On Nov. 22, 2023, the First District of the Illinois Appellate Court held that a court order requiring the sale of marital assets prior to the final dissolution of a marriage is only permissible in extraordinary circumstances where that order is necessary to preserve the status quo.

Trust Issues

By Peter Sullivan
January
2024
Article
, Page 36
In re Parentage of A.H.,and court-created section 503(g) trusts holding assets for future child support payments.

It Either Is or Isn’t

November
2023
Article
, Page 14
Determining what constitutes a de facto marriage.

Trial court’s finding that petitioner cannot work due to caregiving for disabled child not against manifest weight of evidence for maintenance award

August
2023
Illinois Law Update
, Page 14
On May 23, 2023, the Fourth District of the Illinois Appellate Court affirmed a finding that a petitioner is unable to work due to caregiving for a disabled child in determining a marriage dissolution maintenance award.

Avoiding Parent Traps

By Amelia Buragas
July
2023
LawPulse
, Page 12
New Illinois Supreme Court Rule allows for parenting coordinators in family law court.

Former wife’s right to payments under federal judgment entered during marriage not relinquished under release language in marital settlement agreement

February
2023
Illinois Law Update
, Page 16
On Dec. 2, 2022, the First District of the Illinois Appellate Court held that a former wife’s right to payments from a federal judgment entered during marriage was not relinquished by her marital settlement agreement (MSA).

Individual’s disability pension substituted for age-related retirement pension is subject to division by marital settlement agreement

February
2023
Illinois Law Update
, Page 16
On Nov. 9, 2022, the Second District of the Illinois Appellate Court held an individual’s disability benefits received in lieu of retirement benefits were divisible under his marital settlement agreement with his former spouse.

Statute governing effect of marriage dissolution judgments on life insurance policies not retroactive

February
2023
Illinois Law Update
, Page 16
On Nov. 16, 2022, the First District of the Illinois Appellate Court held a statute governing the effect of marriage dissolution judgments on life insurance policy beneficiaries should not be applied retroactively.

A Year in Review; A Year Ahead

December
2022
Article
, Page 28
Select Illinois State Bar Association sections present their lists of top developments from 2022 and what to look for in 2023.

Marital settlement catchall provision rendering agreement nonmodifiable applies to maintenance payments

October
2022
Illinois Law Update
, Page 16
On July 12, 2022, the First District of the Illinois Appellate Court held that a catchall provision in a marital settlement agreement precluded modification of maintenance payments.

Voluntary Dismissal in Domestic Relations Cases

September
2022
Article
, Page 14
Standing up for a plaintiff’s unassailable right to a voluntary dismissal.

Body-attachment order upheld after failure to comply with dissolution order

August
2022
Illinois Law Update
, Page 16
On June 1, the First District of the Illinois Appellate Court held that a body-attachment order was properly issued to effectuate an order of civil contempt.

Maintenance petition not barred by timing limitation after trial judge ordered reviewable maintenance

July
2022
Illinois Law Update
, Page 14
On April 18, 2022, the Second District of the Illinois Appellate Court reversed and remanded a trial court’s denial of a postdissolution petition extending and increasing maintenance awards/payments.

Compelling in-person supervised visits due to COVID-19 pandemic not moot issue even if such visits were later allowed

April
2022
Illinois Law Update
, Page 14
On Jan. 28, 2022, the First District of the Illinois Appellate Court held that mothers’ complaint compelling in-person supervised visits with their children was not moot even when in-person supervised visits were later allowed during appeal.

Granting stalking no-contact order for petitioner’s children was inappropriate when petitioner was the only victim of the stalking

March
2022
Illinois Law Update
, Page 18
On Dec. 13, 2021, the Third District of the Illinois Appellate Court affirmed a trial court’s plenary stalking no-contact order against respondent as to petitioner and vacated it as to minor children.

Mandatory distributions from an inherited individual retirement account constitute “income”

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that mandatory individual retirement account (IRA) distributions and withdrawals constituted income for purposes of child support and maintenance calculations.

How Courts Hear Children

By Molshree A. Sharma
December
2021
Article
, Page 32
Parties in federal arbitration can subpoena information from nonparties, but there are significant limitations—limitations that sometimes can be overcome.

Zoom video conferencing did not infringe respondents’ due-process rights in a termination proceeding

November
2021
Illinois Law Update
, Page 16
On Aug. 27, 2021, the First District of the Illinois Appellate Court held that parental-rights termination hearings conducted by Zoom did not violate due-process rights.

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
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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.

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