Illinois Bar Journal

Articles on Family Law

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 & 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 & 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.

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