Publications

Articles on Family Law

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.

Illinois law applies to custody proceedings when Illinois is the child’s home state under the UCCJEA

March
2015
Illinois Law Update
Page 20
On December 23, 2014, the Fifth District Appellate Court held that Illinois law applies to custody proceedings when Illinois is the child's home state under the Uniform Child-Custody Jurisdiction Enforcement Act, 750 ILCS 36/101 et seq. ("UCCJEA")

The New Illinois Spousal Maintenance Law: Retroactive or Prospective?

By Brian A. Schroeder
January
2015
Article
Page 32
What changes under the new law apply retroactively - i.e., to maintenance awards entered before January 1 - and which apply only prospectively? Here's a point-by-point analysis.

Agent-Swapping POAs and More

December
2014
Column
Page 596
Should a health care POA swap out agents after a triggering event?

Guardians may act as proxies for purposes of the Illinois Marriage and Dissolution of Marriage Act

November
2014
Illinois Law Update
Page 524
Under the Illinois Marriage and Dissolution of Marriage Act, if the guardian of a ward's estate or person petitions a court on behalf of the ward, the court may permit the guardian to file for dissolution of marriage, legal separation, or declaration of invalidity for the dissolution of a marriage.

Fictive kin required to apply for licensure as a foster family home

October
2014
Illinois Law Update
Page 472
Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.

Challenging Voluntary Acknowledgments of Paternity

By Kelly M. Greco and Stephanie R. Hammer
September
2014
Article
Page 432
Parties in juvenile and divorce cases sometimes want to challenge a voluntary acknowledgment of paternity under the Illinois Parentage Act. Find out when and why these efforts succeed.

Courts may award child support to non-custodial parents

September
2014
Illinois Law Update
Page 424
On June 19, 2014, the Illinois Supreme Court held that section 505 of the Illinois Marriage and Dissolution of Marriage Act allows courts to award child support to non-custodial parents.

More family members may petition for medical information under the Adoption Act

September
2014
Illinois Law Update
Page 424
This amendatory act to the Adoption Act adds several categories of people eligible to petition state courts for the appointment of a confidential intermediary to: (1) exchange medical and identifying information with mutually consenting biological relatives; and (2) arrange contact with consenting biological relatives.

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