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Newsletter articles from 2003
Modification of child support for high-income earners
A recent opinion of the Fifth District Appellate Court, authored by Justice Chapman with Justices Maag and Kuehn concurring in In Re Marriage of Harry Timothy Garrett and Elizabeth Ann Garrett, 336 Ill. App. 3d 1018,____ N.E. 2d ______ (2003), underscores some of the risks faced by high-income earners when confronted with a Petition for Modification of Child Support.
Piercing the corporate veil: Shroud or substance?
A times our clients are faced with litigation with a corporation that may seem like it acts through its individual owners, as opposed to observing the requirements for acting as a distinct corporate entity. In other words, the ownership is so unified between the persons operating the corporation and the corporate entity itself that they merge into one.
Practice tip: Not-for-profit resources
There is an unwritten but well known rule of the profession that every small firm and solo, regardless of their areas of practice, must plan for the day when their best client calls in the middle of the night--or Sunday afternoon--seeking emergency help for a spouse who can't drive sober or a child who shoplifts and is in jail.
QDROs—A problematic source of recovery of child support arrearages
Illinois courts now permit the recovery of support arrearages via Qualified Domestic Relations Orders (QDROs) pursuant to the authority of In Re Marriage of Thomas, 2003 Ill. app. Lexis 568, 789 N.E. 2d 821, 273 Ill. Dec. 647, issued May 5, 2003. Previously, QDROs were available for such purpose under the law of several other states, but the Thomas case from the appellate court of Illinois, Second District, presented the issue as a case of first impression in Illinois.
Reasonable, not perfect, competence of counsel: Yarborough v. Gentry
In a succinct and instructive decision, the United States Supreme Court held, in a per curiam decision, in Yarborough v. Gentry, that the Sixth Amendment of the U.S. Constitution guarantees reasonable, not perfect, competence in counsel, on petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
Supreme Court Rule 416(c)—Constitutional dimensions
(c) Notice of Intention to Seek or Decline Death Penalty. The State's Attorney or Attorney General shall provide notice of the State's intention to seek or reject imposition of the death penalty by filing a Notice of Intent to Seek or Decline Death Penalty as soon as practicable.
Taxable costs issue addressed by Supreme Court
In the case of Vicencio v. Lincoln-Way Builders, Inc., 2003 Ill. LEXIS 769, the Illinois Supreme Court granted Defendant's Petition for Leave to Appeal to resolve a split among the Appellate Districts on the question of whether a trial court may assess as costs the fee charged by a plaintiff's treating physician for his participation in an evidence deposition that was presented to the jury.