Articles on Family Law

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 & 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 & Hon. Rodney Equi Family Law, June 2017 What family law issues are on the horizon?
1 comment (Most recent June 17, 2017)
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.  
1 comment (Most recent March 15, 2012)
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.
1 comment (Most recent March 15, 2012)
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?
1 comment (Most recent July 12, 2011)
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.
1 comment (Most recent July 1, 2011)
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.
Signing a Voluntary Acknowledgement of Paternity is not fatal By Rebecca E. Cahan Young Lawyers Division, June 2011 It is our job and duty as lawyers to make sure we know the law and ask the right questions to determine whether a voluntary acknowledgment of paternity may be challenged on the grounds of fraud, duress, or material mistake of fact.
1 comment (Most recent June 23, 2011)
Recent amendment to Supreme Court Rule 304(b) and its impact on family law cases By Hon. Edward R. Jordan & Mary Jane Theis Bench and Bar, August 2010 Two judges share their perspectives on the recently amended child custody rules.
Who is going to pay for college? By Kelli E. Gordon Family Law, August 2010 College expenses can really add up. This article offers some considerations when attempting to determine how parents can split the costs.
New senior minefield: The DRA comes to Illinois Elder Law, June 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Family law practitioner or jack of all trades? By Ross S. Levey Family Law, April 2010 Those who practice family law must also be prepared to understand issues in every area of the law.
1 comment (Most recent March 25, 2010)
Dischargeability of child representative and guardian ad litem fees in bankruptcy By Arthur W. Rummler Child Law, March 2010 This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality Act By Rory Weiler Family Law, February 2010 One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
Confidentiality issues for family lawyers By Marilyn Longwell Family Law, November 2009 It is extremely important for the family law practitioner to understand the parameters of and exceptions to client confidentiality.
Ten things a trial attorney MUST DO to preserve the record for a family law appeal By Gregory C. Maksimuk Family Law, September 2009 Ten things every trial attorney needs to know to prosecute a family law appeal.
Retained earnings of a family business: Income, asset, or both? By Rory Weiler Family Law, July 2009 Are retained earnings income (as it appears from the definition) or are they assets? 
Case law update By Ross S. Levey Family Law, April 2009 Recent cases of interest to family law practitioners.

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