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2011 Articles

Broken engagements By Kelley Manzano June 2011 In the event of a broken engagement, who keeps the ring and who is responsible for the wedding planning expenses?
Chair’s column By Kimberly J. Anderson December 2011 A message from Family Law Section Chair Kimberly Anderson. 
Chair’s column By Kimberly J. Anderson November 2011 A message from Section Chair Kimberly Anderson.
Chair’s column By Kimberly J. Anderson October 2011 A note from Section Chair Kimberly Anderson.
Chair’s column By Kimberly J. Anderson August 2011 A message from section chair Kimberly Anderson.
Chair’s column By Rory Weiler June 2011 A farewell message from Outgoing Chair Rory Weiler.
Chair’s column By Rory Weiler May 2011 A message from Family Law Section Chair Rory Weiler.
Chair’s column By Rory Weiler April 2011 A look at ISBA CLE and how programs are created and organized.
Chair’s column By Rory Weiler March 2011 A call to action, from Family Law Section Chair Rory Weiler.
Chair’s column By Rory Weiler February 2011 While the new, soon-to-be-signed-into-law Illinois Religious Freedom and Civil Union Act greatly enhances the rights of certain individuals involved in partnerships outside of the traditional state approved marriage, it doesn’t completely level the playing field between married parties and those involved in a civil union.
Child support withholding—Payor beware By Christine S.P. Kovach August 2011 Generally the cases brought under the Income Withholding for Support Act involve one or both of the following issues: “Who is a payor?” and “How and when will a penalty under the Withholding Act be assessed for failure to withhold or to timely remit the child suport?”
College expense contributions by divorced parents: Reservations about reservation provisions By Cecilia Hynes Griffin & Scott P. Kramer November 2011 Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.
Dissipation defined By Robin R. Miller May 2011 The wide variety of expenditures that constitute dissipation should be an inspiration to lawyers to apply their craft. The field is broad in the range of arguments that can support a claim of dissipation under Illinois law.
Even divide among districts on post-decree appellate jurisdiction By Jan R. Kowalski 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.
Extension of protective orders to animals under the Illinois Domestic Violence Act By David H. Hopkins October 2011 A relatively new remedy under the Illinois Domestic Violence Act fills a void and recognizes that many abuse situations involve family pets.
A first look at the Illinois Civil Union Act By Richard Felice & Camilla B. Taylor February 2011 As this article demonstrates, the Illinois Civil Union Act requires lawyers dealing with civil unions to be attuned to both the law of other states and the interplay of the civil union with other areas of the law.
Illinois has three requirements to be legally married. However, a party can be married without demonstrating all three By Kimberly J. Anderson March 2011 Illinois is very clear in its requirements for a binding marriage: A person is required to purchase a marriage license, the marriage has to be solemnized and it must be registered.
Income is more than a paycheck when determining child support By Roza Gossage March 2011 The concept of income is generally interpreted broadly by the Illinois courts.
Modest suggestions on how not to mess up a divorce case: Part I By Marilyn Longwell October 2011 The author provides seven rules to help keep your sanity during a domestic relations case.
Reasonable compensation: A key issue in marital dissolution By Christopher P. Casey & Justin L. Cherfoli April 2011 Assessing the reasonableness of owner’s compensation is a critical determination in marital dissolution proceedings.
The Spircoff loophole to the Peterson bar to retroactive college educational expenses By Michael W. Kalcheim December 2011 After Petersen and Spircoff, practitioners must be extremely careful in drafting college expense provisions. When the provisions are examined when the children reach college age, the court will presume that the drafter was aware of both cases and their meaning.
Three’s a crowd: Paternity under the Illinois Parentage Act of 1984 By Joan Scott May 2011 If there is any uncertainty as to the parentage of the child, the mother and putative father should consider DNA testing prior to signing the VAP following the child’s birth.
What is income? By Hon. Timothy J. McJoynt December 2011 How does the court (or parties) determine payor’s income to apply guideline child support calculations?
Wickham v. Byrne revisited—Its legacy By Morris Lane Harvey August 2011 A look at three major issues that directly impact the issue of the constitutionality of the current grandparent visitation statute.
Yes, you have two husbands By Angela Peters November 2011 Getting a divorce overseas is not a problem or something you should necessarily avoid, but be aware of the jurisdiction.