Section Newsletters

Articles From Anne M. Martinkus

Beware of drafting a division of a retirement plan in a Marital Settlement Agreement where there is a disability pension and a retirement pension component By Anne M. Martinkus Family Law, May 2014 The opinion in In Re Marriage of Carter v. Carter serves to remind us all of the importance of specificity and clarity in our drafting of Marital Settlement Agreements, and particularly in the complicated area of pension and retirement benefits.
Fourth District Appellate Court revisits its decision in The Department of Public Aid ex. Rel. Gagnon Dix v. Gagnon By Anne M. Martinkus Family Law, October 2012 In the instant case the appellate court has clearly rejected its earlier ruling.
Family law update By Anne M. Martinkus General Practice, Solo, and Small Firm, April 2005 In a dissolution of marriage case, a law firm claimed that the disgorgement statute, (750 ILCS 5/501(c-1)(3)), that authorizes a law firm to be required to disgorge interim fees paid by its client to the opposing party's attorney is unconstitutional.
Family law update By Anne M. Martinkus & John T. Phipps General Practice, Solo, and Small Firm, March 2005 Recent cases of interest.
Child support By Anne M. Martinkus General Practice, Solo, and Small Firm, February 2005 Oral agreements to modify child support must be approved by court to be binding-Laches does not apply to enforcement of judgment
Family law practice alert: Should gifts and loans received by a child support obligor from his parents be included in his or her net income for purposes of determining child support? -Illinois Supreme Court will decide By Anne M. Martinkus General Practice, Solo, and Small Firm, May 2004 In the recent case of In re Marriage of Rogers, 345 Ill. App. 3d 77, 280 Ill. Dec. 726, 802 N.E. 2d 1247 (1st Dist. 2003), gifts and loans received by a father from his parents were included in his net income for purposes of determining his child support obligation.
Is it “property acquired in exchange for?” By Anne M. Martinkus General Practice, Solo, and Small Firm, July 2003 Section 503 of the Illinois Marriage and Dissolution Act, 750 ILCS 5/503, provides that property acquired in exchange for property acquired before the marriage or in exchange for property by gift, legacy or descent is non-marital property.
Modification of joint custody agreement By Anne M. Martinkus General Practice, Solo, and Small Firm, October 2001 The original 1977 Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, did not include any provisions for joint custody.

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