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2016 Articles

The 2016 technical corrections to the Parentage Act of 2015 By Margaret Bennett September 2016 Public Act 99-769, which provides technical amendments to the Illinois Parentage Act, becomes law on January 1, 2017.
7 tips to avoid QDRO malpractice By Veronica A. Silva January 2016 Seven of the most helpful tips for staying out of hot water when drafting QDROs.
Admissibility of school report cards By Kathleen M. Kraft July 2016 A look at the two avenues available to utilizing the school report cards in trial.
Best legal advice given—From a colleague, senior lawyer or layperson By Arlette Porter April 2016 On February 23 and 24, 2016, another set of hopefuls” will sit for the Illinois Bar Exam. If all goes well, their registration number will be listed on April 1, 2016. I recall having checked the website and seeing my number appear. My next thought was—NOW WHAT? As a newbie, I needed sound, legal advice on how to get this thing started. I sought out ISBA members in the area that I intended to practice. The advice given to me was priceless—and I still remember (and practice) most of it a decade later.
Chair column By Matthew A. Kirsh April 2016 A message from Chair Matt Kirsh.
Chair column By Matthew A. Kirsh February 2016 A message from Family Law Section Chair Matt Kirsh.
Chair column By Matthew A. Kirsh January 2016 A message from Chair Matt Kirsh.
Chairman’s column By Lane Harvey July 2016 A message from 2016-17 Section Chair Lane Harvey.
Chair’s column By Matt Kirsh May 2016 A message from Family Law Section Chair Matt Kirsh.
Chair’s column: A new era for family law in Illinois By Lane Harvey October 2016 A message from Family Law Section Chair Lane Harvey.
Chair’s column: An action brought pursuant to the IMDMA is a civil proceeding By Lane Harvey November 2016 Our Section Council’s November 17th table clinic includes such topics as requests to admit per Supreme Court Rule 216, use of pre-trial motions, matters related to the depositions of a party, and the use of the opposite party’s substantive admissions made prior to trial as substantive evidence during trial.
Chair’s column: Is it midyear already? By Lane Harvey December 2016 A message from Section Chair Lane Harvey.
Chair’s column: The challenges of family law practice By Lane Harvey September 2016 Section Chair Lane Harvey shares his thoughts on the profession.
The consideration of gifts and loans as income for purpose of the computation of child support By Gloria E. Block March 2016 In re the Marriage of Rogers establishes that gifts constitute income for purposes of calculating child support; however, the issue of whether loan proceeds constitute income was not resolved in Rogers.
Dealing with difficult clients: Is it worth it? By Masah S. Renwick November 2016 For those of us to intend to make a career out of representing family law clients, we have got to know how to identify the cases that are the worst of the worst, and learn how to navigate them or avoid them altogether.
Disgorgement of fees ordered in In re Marriage of Squire By Michele M. Jochner February 2016 In In re Marriage of Squire, the Appellate Court affirmed a disgorgement order requiring the wife’s attorneys to pay $60,000 to the husband’s attorneys, even though the wife had borrowed funds from her mother to pay her own fees, and the husband was gainfully employed.
Disposition of cryopreserved pre-embryos settled in Szafranski v. Dunston By Heather M. Hurst May 2016 The Court’s hybrid approach is now precedent for any future embryo cases.
Dissipation of assets under the 2016 IMDMA By Lisa M. Nyuli August 2016 A look at the important changes regarding dissipation under the modified IMDMA.
Division of retirement assets series, Part I: Marital vs. non-marital – Don’t mix them up! By Veronica A. Silva September 2016 The first in a three-part series dedicated to discussing divisions of retirement plan benefits.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva November 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
Editor’s note By Matt Kirsh December 2016 An introduction to the issue from Editor Matt Kirsh.
Enter, the long-ignored caretaker By Paula E. Pitrak April 2016 The recent changes to the IMDMA have placed a gender-neutral importance on the caretaking functions when determining the allocation of parental responsibilities and maintenance awards.
Family law and the LLLT By Tamika Walker January 2016 The author argues that instead of licensing legal technicians, we should focus on reducing the cost of law school and recruiting and retaining attorneys to work in underrepresented areas.
“Good to go” (and return!) Part 1: Unraveling the rules By Mark E. Sullivan January 2016 A look at military parents who have sole or primary custody, and how military absences can affect their custody orders and their military family care plans.
“Good to Go” (and return!) Part 2: The sailor and the perfect storm By Mark E. Sullivan April 2016 Some military custodians, it seems, do little planning for the eventual day when “military absence” removes them from caring for the minor child or children.
Good to go (and return!) Part 3: Planning and prevention By Mark E. Sullivan May 2016 The third part in this series looks at custody for when the military member is absent.
Graduation is upon us By Howard W. Feldman March 2016 Section 513 of the IMDMA governs the allocation of post high-school educational expenses. Here are some highlights of the changes that took effect on January 1st of this year.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner March 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
Is it too soon to tell? What should happen to cryopreserved embryos in dissolution of marriage/separation cases By Raquel V. Chavez September 2016 IVF and the legal implications that come with it are still new and changing quickly.
LGBT families continue to face obstacles By Carol Jones February 2016 Obergefell v. Hodges, the revisions to the IMDMA, and the Parentage Act of 2015 expanded rights for the LGBT community and their families. However, these families still face obstacles that maintain their unequal treatment under the law.