Illinois Bar Journal


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Articles on Family Law

Who Pays for Unallocated College Expenses After Divorce? By Roman J. Seckel January 2014 Article, Page 28 What happens when a child of divorce's college tuition bill comes due and the parties didn't specify who pays? The language in the divorce decree can make all the difference.
Advance payment retainers in dissolution of marriage cases are subject to disgorgement December 2013 Illinois Law Update, Page 612 On October 3, 2013, the Illinois Supreme Court held that advance payment retainers paid in dissolution of marriage cases are subject to disgorgement pursuant to the "leveling of the playing field" rules in the Illinois Marriage and Dissolution of Marriage Act (the "Act").
Same-sex marriage comes to Illinois By Adam W. Lasker December 2013 LawPulse, Page 606 At presstime, Governor Quinn was poised to sign the Religious Freedom and Marriage Fairness Act into law.
Discretionary bonus accrued during marriage but issued after dissolution of marriage is not marital property November 2013 Illinois Law Update, Page 560 On August 16, 2013, the First District Appellate Court held that a nonvested discretionary bonus accrued during a marriage, but received after entry of a judgment of dissolution of the marriage, was not marital property.
Divorcing spouses must share the cost of attorney fees - even fees already paid By Adam W. Lasker November 2013 LawPulse, Page 554 The Illinois Supreme Court holds that a financially strapped divorcing wife can require her husband's lawyer to turn over already-paid fees to help finance her own legal expenses.
The Myth of the Rebuttable Presumption for Loss of Society in Wrongful Death Cases By Michael P. Cogan November 2013 Article, Page 582 A recent case illustrates that in claims for loss of society in wrongful death cases, the rebuttable presumption of a substantial pecuniary loss is sometimes illusory.
Will Rule 138 privacy provisions be changed before taking effect? By Adam W. Lasker November 2013 LawPulse, Page 554 The ISBA supports changes to Rule 138's soon-to-be effective limitations on disclosure of personal identity information in response to concerns raised by divorce lawyers and others.
‘Wrongful Birth’ Plaintiffs Can Recover for Emotional Distress By Christopher T. Hurley and Mark R. McKenna November 2013 Article, Page 580 A recent Illinois Supreme Court decision holds that parents can recover for emotional distress if they win a claim for negligent genetic counseling, even if they suffered no direct physical injury.
Correspondence from Our Readers October 2013 Column, Page 494 More on recorders and red-flagging; Bankruptcy and divorce.
Current version of family law overhaul bill gets mixed reviews By Adam W. Lasker September 2013 LawPulse, Page 446 A proposed major rewrite of Illinois' 35-year-old Marriage and Dissolution of Marriage Act has some ISBA matrimonial lawyers feeling encouraged and others concerned.
The Supreme Court DOMA Ruling, Civil Unions, and Same-Sex Marriage in Illinois By Ray Prather and Padraig McCoid September 2013 Article, Page 460 The U.S. Supreme Court's DOMA case opens the door to an array of federal benefits for same-sex married couples. But Illinoisans won't enjoy its full advantages, the authors argue.
Three Rules for Drafting Marital Settlement Agreements in Anticipation of Bankruptcy By Matthew M. Benson September 2013 Article, Page 474 These three rules can help keep your work for a divorcing client from being undone when one of the parties files for bankruptcy.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support August 2013 Illinois Law Update, Page 392 Howard Mayfield ("Mayfield") and Shannon Dykes ("Dykes") divorced in 2003. Dykes received primary custody of their two children, and Mayfield was ordered to pay $158.50 per week in child support.
Supreme court delays Rule 138 personal identity information provisions By Adam W. Lasker August 2013 LawPulse, Page 386 The supreme court delayed rule changes on personal identity information that some family law practitioners worry will force them to choose between the rule and conflicting statutes.
Facebook: What Family Lawyers Should Know By Adam C. Kibort July 2013 Article, Page 344 A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.
DCFS cannot define “neglect” with language removed by the legislature June 2013 Illinois Law Update, Page 284 On March 21, 2013, the Illinois Supreme Court affirmed the judgment of the appellate court and held that the Illinois Department of Children and Family Services ("DCFS") did not have authority to charge someone with an offense that defined "neglect" using language that had previously been deleted by the legislature in the Abused and Neglected Child Reporting Act ("ANCPA").
Divorce Without Discovery: A New Landmine in Marital Litigation By Reuben A. Bernick May 2013 Article, Page 238 A recent case holds that if you don't conduct formal discovery in your divorce case, you may lose the right to reopen the judgment after it's entered, even to seek assets that weren't disclosed.
Illinois Supreme Court recognizes doctrine of equitable adoption By Adam W. Lasker May 2013 LawPulse, Page 222 If parents treat a child they have not legally adopted as their own, he can pursue an inheritance even in the absence of their express or implied contract to adopt him, the high court rules.
Additional information required in a report on the death or life-threatening injury of a child. PA 097-1068 April 2013 Illinois Law Update, Page 176 The Abused and Neglected Child Reporting Act has been amended to require that copies of the materials used by the Illinois Department of Children and Family Services, in their investigation of the death or life-threatening injury of a child, be provided in their report. 325 ILCS 5/4.2.
Predicting Maintenance Awards By H. Joseph Gitlin April 2013 Column, Page 206 A look at all divorce cases affirming maintenance since 1977.
Valuing Property in Lengthy Divorce Proceedings By Jenna C. Patchen April 2013 Article, Page 198 When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.
Marital property valued on date of dissolution in bifurcated proceeding March 2013 Illinois Law Update, Page 124 On December 28, 2012, the Supreme Court of Illinois held that, in a bifurcated marital dissolution proceeding, the date of trial on which marital property must be valued under section 503(f) of the Illinois Marriage and Dissolution of Marriage Act ("Dissolution Act") refers to the date the judgment for dissolution is rendered.
New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089 March 2013 Illinois Law Update, Page 124 The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).
Lawyer Disqualification for Conflict of Interest By H. Joseph Gitlin January 2013 Column, Page 48 Denying a client the lawyer of choice should not be done lightly.
Support Awards for Adult Disabled Children in Illinois By Jennifer Wood, Kathleen Roseborough, and Molshree Sharma December 2012 Article, Page 656 A look at the factors that affect support awards under 750 ILCS 5/513, along with national trends in this area.
Marriage and Divorce at Midlife and Beyond By Ross S. Levey and Kelley L. Menzano October 2012 Article, Page 544 As the 45-and-older population continues to grow, family law practitioners are faced with an array of issues unique to the "gray divorce revolution."
Why Do Senior Lawyers Continue to Practice? By H. Joseph Gitlin October 2012 Column, Page 558 A senior lawyer ruminates about why he is still at it.
Is a family-law overhaul on the way? By Adam W. Lasker September 2012 LawPulse, Page 458 No more grounds for divorce? Divorce judgments within 90 days or else? These are just two of the family-law reforms proposed by a bipartisan legislative study group.
Advising Family Businesses By Christine Organ July 2012 Article, Page 372 Family businesses are the backbone of today's corporate world, but lawyers who counsel them must deal with some very "noncorporate" emotional and psychological issues.
Do Supreme Court Matrimonial Interrogatories Call for Legal Conclusions? By Joseph Gitlin July 2012 Column, Page 384 How can we expect lay people to know what is and isn't "marital" and "nonmarital" property?