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2012 Articles

10 best tips from a GAL perspective By Lisa M. Nyuli May 2012 A list of tips of interest to GALs and attorneys representing the parties in custody, visitation and removal disputes.
ARDC hearing board recommends overturning disciplinary action charged against family law attorney By Maxine Weiss Kunz January 2012 The Review Board ultimately recommended that the Hearing Board’s findings of misconduct against Rantis be reversed and that the charges against him be dismissed in their entirety.
Beloved pets—The oft-overlooked legal quagmire By Jennifer A. Shaw September 2012 As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
The benefits of statewide representation: Reflections from Southern Illinois By Treva H. O’Neill August 2012 The author shares her thoughts after serving 15 years on the ISBA Family Law Section Council.
Can’t we all play nice? By Tiffany Alexander April 2012 Just like a college basketball team can play a clean game without fouling, it is possible to adequately represent a client without resorting to unprofessional tactics against your opponent.
Case law update on issues of paternity By Joan Scott January 2012 In the recent case of In re Paternity of an Unknown Minor, the First District Court of Appeals affirmed the lower court's decision and found a mother in contempt of court for refusing to comply with an order to submit herself and her one-year-old son to DNA testing on the grounds that a man other than the petitioner had previously signed a voluntary acknowledgment of paternity.
Chair’s column By William J. Scott, Jr. December 2012 A message from Family Law Section Chair Bill Scott.
Chair’s column By William J. Scott November 2012 A message from Family Law Section Chair Bill Scott.
Chair’s column By William J. Scott, Jr. August 2012 A message from Section Chair William Scott, Jr.
Chair’s column By William J. Scott, Jr. July 2012 A message from Section Chair William J. Scott, Jr.
Chair’s column By Kimberly J. Anderson May 2012 A message from Section Chair Kimberly Anderson.
Chair’s column By Kimberly J. Anderson April 2012 A message from Family Law Section Chair Kimberly Anderson.
Chair’s column By Kimberly J. Anderson March 2012 One important act of Congress is about to expire this year, and one we should all become familiar with. The Mortgage Forgiveness Debt Relief Act of 2007, subsequently extended in 2008 for a period of three years with the Emergency Economic Stabilization Act of 2008, generally allows taxpayers to exclude income from the discharge of debt on their principal residence.
Chair’s column By Kimberly J. Anderson January 2012 A message from Section Chair Kimberly Anderson.
Court not always required to make best interest finding in removal cases By Hon. Jeanne M. Reynolds November 2012 Despite the statutory guidelines, can one parent effectively eliminate the court’s best interest review process in a removal case by contractually agreeing to do so?
The disparities in the calculation of net income as it relates to child support: The Supreme Court provides well-reasoned clarity and direction in In re McGrath By Erin J. Bognar June 2012 What if, for example, a parent has received little to no actual gain from an amount of funds or investment, but he/she uses those funds as their sole source for paying all of their basic and discretionary expenses, in lieu of income from some form of employment?
Editor’s column By Matthew A. Kirsh June 2012 A message and introduction to the issue from Editor Matt Kirsh.
Editor’s note By Matthew A. Kirsh October 2012 A message from Editor Matt Kirsh.
Editor’s note By Matthew A. Kirsh September 2012 An introduction to the issue from Editor Matt Kirsh.
Eulogy for Hon. Edward R. Jordan By Hon. Nancy J. Katz September 2012 Judge Nancy Katz delivered the following eulogy at Judge Jordan’s funeral service.
For §513 contributions, why not use your IRA—penalty free? By Edward J. Burt 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.  
Fourth District Appellate Court revisits its decision in The Department of Public Aid ex. Rel. Gagnon Dix v. Gagnon By Anne M. Martinkus October 2012 In the instant case the appellate court has clearly rejected its earlier ruling.
House Bill 6191—The Illinois Parentage Act By Margaret A. Bennett December 2012 Author Margaret Bennett, one of the co-drafters of the proposed legislation, summarizes the bill and offers some history as to why it's needed.
Is a custody judgment really “final” under Supreme Court Rule 304(b)? By Robin R. Miller & Elizabeth Sietsema April 2012 Supreme Court Rule 922, which requires a final Custody Judgment within 18 months, conflicts directly with the so-called “absolute” right to voluntarily dismiss a lawsuit under 735 ILCS 5/2-1009.
A lawyer’s guide to the DSM IV TR© By Rory Weiler 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.
More thoughts on how not to mess up a divorce case By Marilyn Longwell February 2012 The author provides some pointers keep in mind to help negotiate the thicket of legal and emotional turmoil involved in handling a divorce case.
Navigating hidden dangers of child support, alimony and deductibility By Catherine D. Delgadillo July 2012 The idea of unallocated support as a tax advantage is tempting, but a great deal of care must be taken in the drafting of such an agreement. 
New power for guardians of the disabled—Filing for dissolution of marriage By Marilyn Longwell & Aurelija Juska December 2012 Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Nye and Associates v. Boado: The Hudson Doctrine bars attorney fee claim By Hon. Patrick J. Leston July 2012 The recent opinion in Nye and Associates, Ltd., v. Boado defines claim splitting and explains what it has to do with divorce law.
Orders of protection at school By Sally K. Kolb May 2012 A look at the changes made to Orders of Protection when Public Act 97-0294 went into effect on the first of this year.