Section Newsletters

Articles From Hon. Brian L. McPheters

Chair’s column: Rule 304(a) findings and “final orders” By Brian L. McPheters General Practice, Solo, and Small Firm, July 2010 The cautious practitioner will look at a judgment he or she might want to appeal and consider the following: Does the order dispose of an entire claim in the case? If declaratory judgment is involved, does the order terminate the controversy or some part thereof? If so, request a Rule 304(a) finding.
Chair’s column: Stalking No Contact Orders By Brian L. McPheters General Practice, Solo, and Small Firm, June 2010 The new Stalking No Contact Order Act fills a serious gap in remedies previously available to victims of unwanted attention.
Legal library resources free and available By Hon. Brian L. McPheters Administrative Law, April 2010 Enhance your legal research with these alternative resources.
Chair’s column: The Matthew Maloney Tradition of Excellence Award By Brian L. McPheters General Practice, Solo, and Small Firm, March 2010 A little background on Matt Maloney and the award named in his honor.
Chair’s column: Legal library resources free and available By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, December 2009 If you live too far from Chicago to be able to use the Daley Center Law Library, you may have a law library in your own courthouse. Unfortunately, these are often not extensive or current or have many subscription services. Alternative research locations may still be available to you.
Chair’s column By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, October 2009 A message from Section Chair Brian McPheters.
Chair’s column By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, September 2009 A message from Section Chair Brian McPheters.
Chair’s column: It’s your section, use it By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, July 2009 A message from Section Chair Brian McPheters.
It’s not a lot of work: Matthew Maloney Tradition of Excellence Award—Nominate a deserving lawyer By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, March 2009 A call for applicants for the Matthew Maloney Tradition of Excellence Award.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Hon. Brian L. McPheters Family Law, December 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Judge Brian L. McPheters General Practice, Solo, and Small Firm, March 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.
The Illinois Domestic Violence Act of 1986: An overview By Brian L. McPheters Family Law, May 2006 It has become apparent the practicing bar may not understand how the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et. seq.) works or the opportunities it provides to render legal services. Depending upon the facts of a particular situation, the Illinois Domestic Violence Act of 1986 (“IDVA”) may offer an abused client real protection from future abuse.
The Illinois Domestic Violence Act of 1986: An overview By Brian L. McPheters General Practice, Solo, and Small Firm, April 2006 It has become apparent the practicing bar may not understand how the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et. seq.) works or the opportunities it provides to render legal services.
Medicaid lien not recoverable against spouse’s estate By Brian L. McPheters General Practice, Solo, and Small Firm, November 2005 A recent opinion, not yet released for publication, in Hines v. Department, of Public Aid ,358 Ill. App.3d 225, 831 N.E.2d 641, 294 Ill.Dec 691, 2005 WL 1218677 (Ill. App. 3 Dist.) contains a holding that is of great interest to general practitioners and any attorney dealing with probate or elder law issues.
Agreements to waive accrued child support are unenforceable By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, January 2005 The Fourth District Appellate Court has again reaffirmed the unenforceability of agreements not to collect accrued child support in its opinion in In re Marriage of Case.
Intentional infliction of emotional distress actions are viable after dissolution of marriage By Brian L. McPheters General Practice, Solo, and Small Firm, April 2004 The Illinois Supreme Court, in its opinion in Feltmeier v. Feltmeier, 207 Ill. 2d 263, 798 N.E.2d 75, 278 Ill. Dec. 228 (September 18, 2003), permitted an action for intentional infliction of emotional distress brought against a former spouse after a dissolution of marriage, based upon spousal abuse both during and after marriage.
Modification of child support for high-income earners By Brian L. McPheters General Practice, Solo, and Small Firm, November 2003 A recent opinion of the Fifth District Appellate Court, authored by Justice Chapman with Justices Maag and Kuehn concurring in In Re Marriage of Harry Timothy Garrett and Elizabeth Ann Garrett, 336 Ill. App. 3d 1018,____ N.E. 2d ______ (2003), underscores some of the risks faced by high-income earners when confronted with a Petition for Modification of Child Support.
Practice alert: Lawyers now need to warn clients of potential Department of Public Aid collection efforts after declaration of retroactive child support agreements in court orders By Brian L. McPheters General Practice, Solo, and Small Firm, October 2003 For those attorneys thinking not much in a civil practice could be simpler than finishing a child support arrearage case on behalf of a support payor, the Illinois Department of Public Aid has made the process much more complicated as illustrated by a recent decision by the circuit court in Champaign County, Illinois.
QDROs—A problematic source of recovery of child support arrearages By Brian L. McPheters General Practice, Solo, and Small Firm, July 2003 Illinois courts now permit the recovery of support arrearages via Qualified Domestic Relations Orders (QDROs) pursuant to the authority of In Re Marriage of Thomas, 2003 Ill. app. Lexis 568, 789 N.E. 2d 821, 273 Ill. Dec. 647, issued May 5, 2003. Previously, QDROs were available for such purpose under the law of several other states, but the Thomas case from the appellate court of Illinois, Second District, presented the issue as a case of first impression in Illinois.

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