Publications

Section Newsletter Articles on Family Law

Beware! Drafting tips for post-Jan. 1, 2019 maintenance modification orders By Rory T. Weiler Family Law, June 2019 Tips for the divorce lawyer seeking to take advantage of the new non-taxability law.
Illinois Supreme Court reaffirms the continued viability of Eckert in relocation cases after the 2016 statutory amendments By Arnold F. Blockman Family Law, June 2019 In In re Marriage of Fatkin, the Illinois Supreme Court dealt for the first time with the parameters of relocation under the January 1, 2016, rewrite of the Dissolution Act.
Another playing field to level By Kevin H. Saville Family Law, May 2019 All family lawyers have receivables problems, and there can be a number of solutions if we think outside the box.
Tips from an international family lawyer By David N. Schaffer Family Law, May 2019 Insights, protocols, and lessons learned from one attorney's international practice.
A few things to consider when your client or opposing party is an Illinois Department of Healthcare and Family Services client By Jessica Patchik Family Law, April 2019 Tips for working with Illinois Department of Healthcare and Family Services clients.
The use of document assembly software in family law By Wesley A. Gozia Family Law, April 2019 Document assembly software is one way to help increase efficiency and accuracy in document preparation.
Does the decree provide for long-term success and stability? By Rob Zuiker Family Law, March 2019 When you resolve a divorce for your client and the decree is finalized, are you confident that your client is now properly positioned for the next stage?
Is cryptocurrency the new Swiss bank account? By Janice L. Boback and Stephanie L. Tang Family Law, March 2019 The basics of bitcoin trading and tips for lawyers to help protect and educate their clients.
Unintended consequences By William Scott Family Law, March 2019 Summaries of cases that demonstrate the problems that arise when a client does not remove their ex-spouse as the beneficiary.
Is it income? Depends who is counting By Richard D. Felice and Joseph M. Beck Family Law, February 2019 After considering the new maintenance formula, the repeal of the Illinois deduction, and changes in section 505 of the Illinois Marriage and Dissolution of Marriage Act, attorneys are now confronted with an ever-changing landscape as to what defines a party's income for child support and maintenance calculations.
Seeking decision-making after an award of child support in parentage cases By Marilyn Longwell Family Law, February 2019 A look at how section 802(c) of the Parentage Act has been interpreted.
Enforcement of prenuptial agreements following Kranzler and Woodrum By Stephanie L. Tang Family Law, December 2018 Two recent cases—In re Marriage of Woodrum and In re Marriage of Kranzler—help clarify the criteria courts will consider when determining enforceability of a prenuptial or postnuptial agreement.
‘Fee,’ fie, foe … fee? Fee awards under 750 ILCS 5/508(a) By Stephanie Capps Family Law, December 2018 According to the second district, clients cannot sue their former attorneys for fees under 750 ILCS 5/508(a)(3).
In re Marriage of Hodges: Equitable estoppel revisited By Arnold F. Blockman General Practice, Solo, and Small Firm, December 2018 A summary of In re Marriage of Hodges, in which the court found equitable estoppel to be a valid defense to an enforcement proceeding to collect a child support arrearage.
New programs in Cook County’s Domestic Relations Division By Grace G. Dickler Family Law, November 2018 In light of recent changes in family law in Illinois and an uptick in the number of litigants navigating cases without assistance of an attorney, multiple committees have been assembled to ensure that Cook County's Domestic Relations Division offers programs and policies appropriate to meet the changing needs of families.
Alleging and defending dissipation: Cheating, gambling, and jet-setting—oh my! By Marie Sarantakis Family Law, September 2018 When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act, courts are to assess whether a spouse engaged in the dissipation of marital assets.
In re Marriage of Hodges: Equitable estoppel revisited By Arnold F. Blockman Family Law, September 2018 A summary of In re Marriage of Hodges, in which the court found equitable estoppel to be a valid defense to an enforcement proceeding to collect a child support arrearage.
Not so fast, Buddy—Retirement and termination of maintenance By Marilyn F. Longwell and Anne L. Mueller Family Law, September 2018 Not unlike the issue of the award of maintenance at the time of dissolution, the totality of the circumstances must be considered as to whether retirement justifies a termination of maintenance.
My life as a guardian ad litem and children’s representative—so far, quite good! By Kevin H. Saville Family Law, June 2018 A first-person account of what it's like to be a guardian ad litem and children's representative.
Hot topics in family law! By Hon. Jeanne M. Reynolds and Hon. Rodney Equi Family Law, June 2017 What family law issues are on the horizon?
Conditional residency in immigration family law cases: Who has the burden of proof? By Patrick M. Kinnally International and Immigration Law, November 2015 The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Family law professionals welcome new collegial forum By Linda Sheehan Family Law, December 2013 The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
Chair’s column By William J. Scott Family Law, November 2012 A message from Family Law Section Chair Bill Scott.
The benefits of statewide representation: Reflections from Southern Illinois By Treva H. O’Neill Family Law, August 2012 The author shares her thoughts after serving 15 years on the ISBA Family Law Section Council.
Parenthood in civil cases By Jeffrey A. Parness Civil Practice and Procedure, May 2012 Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
For §513 contributions, why not use your IRA—penalty free? By Edward J. Burt Family Law, March 2012 The practitioner may consider crafting a settlement agreement that utilizes IRA accounts as a source for funding the college education expenses, and thus, the client has somewhat resolved the college funding issue and removes some of the uncertainty as to his/her future obligation for college expenses.  
A lawyer’s guide to the DSM IV TR© By Rory Weiler Family Law, March 2012 The DSM IV TR (“text revision”) is the latest authoritative compilation of categorization and classification of mood, medical and personality disorders affecting human beings.
Broken engagements By Kelley Manzano Family Law, June 2011 In the event of a broken engagement, who keeps the ring and who is responsible for the wedding planning expenses?
Even divide among districts on post-decree appellate jurisdiction By Jan R. Kowalski Family Law, June 2011 For now, the matrimonial law practitioner needs to be cognizant that the appellate jurisdiction over a post-decree order, absent a 304(a) finding, is entirely dependent upon to which Appellate District the matter is brought.
The Illinois Religious Freedom Protection and Civil Union Act By Richard A. Wilson Diversity Leadership Council, June 2011 When the new Act took effect on June 1, Illinois joined 11 U.S. States and the District of Columbia that now recognize legal unions between same-sex couples.

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