An update on child support issuesBy Sharon MobleyFamily Law, February 2002The Illinois Appellate Court rendered two important decisions regarding child support paymentsone favors child support obligees, and the other favors child support obligors.
Fractured talesFamily Law, November 2001Normally I suggest to my client to provide a copy of a photo of the spouse to the process server to insure prompt service.
Chair’s columnFamily Law, June 2001By the time this newsletter is circulated, I will be the "immediate past chair" and my distinguished colleague, Alan J. Toback, will be at the helm.
Deviation from child support guidelines in parentage casesBy Richard D. LarsonFamily Law, June 2001Many parentage cases handled by family law practitioners in the later years of the twentieth century differ from the norm because the parties involved are possessed of substantial income(s) and assets.
The judge’s cornerBy Judge Moshe JacobiusFamily Law, June 2001There has been some uncertainty created by the various provisions regarding attorney fees set forth in the Illinois Marriage and Dissolution of Marriage Act.
Legislative updateBy M. Lee WitteFamily Law, June 2001The 92nd General Assembly did family law practitioners some good and, we think, very little harm.
Recent casesBy Barry H. GreenburgFamily Law, June 2001In Re the Marriage of Mitchell, 2nd District, Appellate No. 2-00-0005, filed March 3, 2001
The Richman reportBy Bruce L. RichmanFamily Law, June 2001Much too involved to give a detail explanation of the tax bill in this column, the following are areas to take notice for tax law changes that can affect your area of practice.
Subchapter S corporation earnings: “income” for child support purposes?By Don C. HammerFamily Law, June 2001If a child support payor receives income from a subchapter S corporation, the income shown on his tax return may be greater than the amount of cash that he actually receives from the corporation.
Chair’s columnBy Julie Keehner KatzFamily Law, May 2001As the 2000-2001 term of the Family Law Section Council winds down, we have been inundated with numerous bills for our review.
Editor’s noteBy Richard W. ZuckermanFamily Law, May 2001You don't have to handle custody case for very long before it becomes clear that cases usually fall into one of three patterns.
The judge’s cornerBy John W. DemlingFamily Law, May 2001From a general standpoint, family law and divorce encompasses many big picture issues involving the relationship of the parties and their children after the entry of a final judgment.
The Richman ReportBy Bruce L. RichmanFamily Law, May 2001We have all heard about "substance over form," but when it comes to transferring IRA's, it is "form over substance."
Substitution of judges as a matter of right under 735 ILCS 5/2-1001 (a)(2)By Belle Lind GordonFamily Law, May 2001If timely filed, a motion for substitution of judge is absolute. The principle underlying the absolute right to a substitution of judge is that a party should not be compelled to plead his cause before a court who is prejudiced, whether actually or only by suspicion.
Child Citizenship Act of 2000 (H.R. 2883)Family Law, March 2001The Child Citizenship Act of 2000, which grants automatic citizenship to certain children born abroad who are adopted by a U.S. citizen, took effect February 27, 2001.
Confidentiality in adopt-related proceedingsBy Don C. HammerFamily Law, March 2001Most aspects of adoption proceedings are confidential (see section 18 of the Adoption Act), and courts have consistently held that "confidentiality protects the interests of biological parents, adopting parents, and adopted minors."
With no strings attachedBy Roza GossageFamily Law, March 2001Adoption is purely a creature of statute (750 ILCS 50/ et al). The court must comply with the statute, and is restricted by the language of the legislature as to what it can order with respect to adoption proceedings.
Case law updateBy Don C. HammerFamily Law, February 2001In re Adoption of K.L.P. (316 Ill. App. 3d 110; 735 N.E. 2d 1071) The adoption petition alleged that the biological mother was an unfit parent. Mother appeared and informed the court that she could not afford to hire an attorney and requested a public defender.
Chair’s columnBy Julie Keehner KatzFamily Law, February 2001As the legislative session gets underway, the Family Law Section Council will be inundated, as usual, with proposed legislation for us to review.