Articles on Family Law

The Quadrennial Child Support Review: An Opportunity to Effect Change By Melanie Caspi Family Law, May 2022 Now that practitioners and judges have had an opportunity to use and evaluate the child support guidelines for the past five years, it is time to discuss needed changes, updates, and clarifications to section 505 of the Illinois Marriage and Dissolution of Marriage Act.
Substitution of Judge as a Matter of Right: What Is a Substantive Ruling? By Raleigh D. Kalbfleisch Family Law, May 2022 A look at whether an agreed order entered in a pending case renders a motion for substitution of judge as a matter of right.
The Trend Away From the ‘Every Other Weekend’ Parent By Amy Silberstein Child Law, May 2022 In recent years, there has been a growing emphasis on a divorced parent with less parenting time having a more expanded parenting role and time schedule.
Gathering and Using Social Media Evidence By Nicole M. Onorato & Judge Karen J. Bowes Elder Law, April 2022 Practitioners should be sure to not only keep up with new social media trends and technologies, but also ensure that discovery requests are tailored to capture relevant social media evidence and effectively use it in a case.
Tips for Conducting Virtual Depositions By Jessica C. Marshall Family Law, April 2022 Four useful tips for taking a deposition remotely.
What to Know Before You Take a Hague Convention Case By Staci Balbirer Family Law, April 2022 Ten questions to ask when your client has a possible Hague Convention case.
How to Realistically Manage Your Clients’ Expectations as a Young Lawyer By Genevieve Niemann Family Law, March 2022 Effective communication tips and reminders for young attorneys.
Recent First District Case Provides Clarification on Pleading Practice By Rachael Toft Family Law, March 2022 A summary and analysis of Dartt v. Pegman.
What Does a Domestic Violence Survivor Need When Leaving an Abusive Relationship? By Sally Kolb Family Law, March 2022 An overview of what domestic violence survivors need to discreetly arrange and/or gather prior to leaving their partner.
When the Client Becomes the Debtor: Family Law Attorney Fee Agreements in Bankruptcy By Matthew Benson Family Law, February 2022 An examination of the treatment of family law attorneys’ fees when the client files for bankruptcy protection and guidance as to how to avoid the pitfalls that can arise therein.
When ‘the End’ Is Not the End: COVID Edition By Anna Aguilar & Erin M. Wilson Women and the Law, February 2022 A look at some of the challenges of COVID-19 on post-decree family law disputes. 
The Defaulted Client or the Default in Our Stars By Karen VanderMeer Family Law, January 2022 A look at default judgments for the dissolution of marriage and available remedies.
Mandatory Distributions From Inherited IRAs Are Income for Support Purposes: A Review of the Illinois Supreme Court’s Decision in In re Marriage of Dahm-Schell and Schell By Jessica Hensley Sendek Family Law, January 2022 In n re Marriage of Dahm-Schell and Schell, the Illinois Supreme Court addressed whether mandatory distributions or withdrawals taken from an inherited IRA containing money that has never been imputed against the recipient for purposes of maintenance and child support calculations constitute income under the Illinois Marriage and Dissolution of Marriage Act.
Family Law in the Era of COVID: How a Family Law Practitioner Can Survive and Even Thrive in These Extraordinary Times By Kathy Bojczuk Family Law, December 2021 In the midst of this uncertain, challenging pandemic era, we can strategically take steps to thrive and choose a path of greater fulfillment.
Gathering and Using Social Media Evidence By Nicole M. Onorato & Judge Karen J. Bowes Family Law, December 2021 Practitioners should be sure to not only keep up with new social media trends and technologies, but also ensure that discovery requests are tailored to capture relevant social media evidence and effectively use it in a case.
In re Marriage of Sinha: A Refresher on Proving Imputation of Income for Support Purposes By Michelle A. Lawless Family Law, November 2021 In re Marriage of Sinha is a reminder that imputing additional income to a support payor is not as simple as showing past employment history or prior earnings.
Treatment of Disability Benefits By Kathleen M. Kraft Family Law, November 2021 A look at whether disability benefits that represent a replacement of income should be characterized as a marital asset.
Family Law Ethics By Leslie Wood Family Law, October 2021 An overview of the Attorney Registration & Disciplinary Commission's Annual Report of 2020 as it pertains to family law practitioners.
When Wanting Out Can Be Held Against You: In re the Marriage of Prill and the Unconscionability of Postnuptial Agreements By Michael Levy Family Law, October 2021 A summary and analysis of In re the Marriage of Prill.
1 comment (Most recent October 12, 2021)
In re Marriage of Durdov: The ‘What Was Contemplated…’ Virus Spreads to the first district By Judge Arnold F. Blackman, (ret.) Family Law, September 2021 A summary and analysis of In re Marriage of Durdov.
1 comment (Most recent September 14, 2021)
New Legislation Amends Health Insurance Provisions in 750 ILCS 5/505.2 By Margare A. Bennett & Nancy Chausow Shafer Family Law, September 2021 On July 9, 2021, Governor Pritzker signed Senate Bill 258, now Public Act 87, into law, amending provisions in 750 ILCS 5/505.2 of the Illinois Marriage and Dissolution of Marriage Act.
Should Statutory Rape Cases Be Treated the Same as Other Forms of Criminal Sexual Abuse Cases for Purposes of Parenting Time? By Stephanie Capps Family Law, August 2021 The appellate court recently confirmed a trial court decision holding that a father is prohibited from parental responsibilities and parenting time when he fathered the child through statutory rape unless the mother consents by filing an affirmative petition.
Testing the Waters By Michael Strauss Family Law, August 2021 A summary and analysis of Palos Community Hospital v. Humana Insurance Company, Inc.
Enforcing an I-864 Affidavit in an Illinois Divorce By Russell D. Knight & Stephanie L. Tang Family Law, July 2021 In In re Marriage of Bychina, the Illinois appellate court issued its first publishing opinion regarding enforcement of an affidavit of support.
Illinois Supreme Court Caselaw and Legislation Update By Matthew A. Kirsh Family Law, July 2021 Summaries of recent Illinois Supreme Court cases and legislative updates of interest to family law practitioners.
The Addition of ‘Necessary’ Third-Party Defendants in Dissolution Matters By Michael A. Haber & Jamie L. Ross Family Law, June 2021 Dissolution proceedings frequently involve determinations of the value and nature of assets that one party may hold jointly or severally with a person or entity that is not a party to the case.
Should Child Support Be Based on Parenting Time? By Robin Miller Family Law, June 2021 When the income shares child support statute went into effect in January 2019, it was the first statutory authority to calculate the dollar amount of child support based on the number of days of parenting time.
An Overview of Islamic Marriage Contracts and Enforceability in Divorce Proceedings By Stephanie L. Tang Family Law, May 2021 How Islamic marriage contracts are handled in divorce proceedings in the U.S.
Child Support Guidelines and Shared Care Parenting Formulas By Margaret A. Bennett & Nancy Chausow Shafer Family Law, April 2021 A look at the income shares model for determining child support, which is now used in 40 states including Illinois.
Third Stimulus Check Issues and Family Law Matters: What Practitioners Should Know By Jessica C. Marshall Family Law, April 2021 Congress recently enacted the American Rescue Plan Act of 2021, which provides thousands of dollars in stimulus funds to many families.

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