Subject Index Family Law

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.

Circuit court’s constitutional review cannot stray from “on point” Illinois Supreme Court ruling

January
2020
Illinois Law Update
, Page 16
On Oct. 24, 2019, the Illinois Supreme Court vacated a circuit court’s ruling, which held that section 513 of the Illinois Marriage and Dissolution of Marriage Act was unconstitutional.

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.

Getting ’Put on Papers’

By Sherlyn Smith
August
2019
Article
, Page 20
The case against informal child support arrangements.

When an Ex-Spouse’s Increase in Income Does Not Count

June
2019
Article
, Page 20
When an Ex-Spouse's Increase in Income Does Not Count

Enforcing Judgements and Collection Fees

May
2019
Article
, Page 20
An attorney has a judgment against a former client for attorney's fees. So, now what?

Is Cryptocurrency the New Swiss Bank Account?

May
2019
Article
, Page 18
Why bitcoin and other cryptocurrencies are easy to hide and difficult to value.

Family Boundaries

April
2019
Article
, Page 18
A husband wants his in-laws out of the house. His wife wants them to stay.

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.

Full consideration of interest factors must be given in setting permanency goals

March
2019
Illinois Law Update
, Page 20
On Nov. 21, 2018, prior to the birth of the minor, the Illinois Department of Children and Family Services had opened cases against the respondent mother as to her six other children.

Former attorney is not considered a “party” after seeking fees and costs

January
2019
Illinois Law Update
, Page 16
Seeking attorney fees and costs under section 508(c) of the Illinois Marriage and Dissolution of Marriage Act does not constitute a "distinct cause of action" that allows the other party to, in return, seek fees resulting from the hearing on the section 508(c) petition.

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.
1 comment (Most recent January 10, 2019)

Breaking Up Is Harder to Do

By Nancy Chausow Shafer & Margaret A. Bennett
December
2018
Article
, Page 28
A new maintenance formula, the repeal of the alimony deduction, and other changes that divorcing couples and their attorneys need to know.

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.

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