Articles on Family Law

2025 Statutory Changes in Child Support Imputation By Rebecca Melzer Family Law, March 2025 On January 1, 2025, SB 3284 became law. As part of that bill, it amended the Illinois Marriage and Dissolution of Marriage Act to add specific criteria in the statute for determining child support if a parent is unemployed or underemployed. It further added the requirement that a court is required to conduct an evidentiary hearing to impute income to a party. 
3 comments (Most recent March 29, 2025)
ABA’s February 2025 House Resolutions and Their Intersection with Family Law By Olivia K. Basu Family Law, March 2025 ABA’s House of Delegates held its February 2025 Midyear Conference in Phoenix. During the meeting, the ABA House of Delegates passed several key resolutions that intersect with the field of family law. The most influential resolutions are explored in this article.
Chair’s Column By Jessica Patchick Family Law, March 2025 A note from the chair. 
Immigration Considerations for Family Law Lawyers By Rachael Toft Family Law, March 2025 The evolving political landscape has resulted in drastic changes to immigration enforcement that must be accounted for by family law lawyers. A client that has an uncertain immigration status should be warned that their status can have significant impacts in both divorce and parental responsibility cases.
Chair’s Column By Jessica Patchik Family Law, February 2025 A note from the chair. 
Child Support in Illinois—Multiple Answers to a Single Question By Nancy Chausow Shafer Family Law, February 2025 This article discusses allocation of the dependent tax exemption and designation of the majority-time parent—two tax-related choices often misunderstood and used incorrectly.
Is a Divorce Judgment a Judgment? By Michael S. Strauss Family Law, February 2025 The Second District Appellate Court vacated the ruling denying statutory interest in the 2024 case of In re Marriage of Hyman. That part of the court's ruling is the focus of this article.
Chair’s Column By Jessica Patchik Family Law, January 2025 A note from the chair.
Cohabitation—Will We Know It When We See It? By Christopher Bohlen Family Law, January 2025 The issue is cases with similar fact patterns, but different results leave the parties involved with maintenance in a quandary. What is the meaning of residing in a continuing conjugal relationship? Recent cases have been able to define the concept. It is a de facto marriage. It is not an intimate dating relationship. But what is the bright line between those two concepts? Is it answered by Justice Stewart’s concept of “I know it when I see it”? More importantly, is the termination of maintenance based upon cohabitation so fact-specific and unpredictable as to argue for its elimination?
Hitting It Big: The Rise of Online Sports Betting and Its Inevitable Impact on Divorce Proceedings By Michael J. Levy Family Law, January 2025 While the specific issue of online sportsbooks has not yet reached the appellate court level in Illinois, prior decisions regarding other forms of gambling offer insight into how a court might treat a party's sportsbook app and the funds it contains.
Illinois State Bar Association’s 2024 Annual Midyear Meeting: A Resounding Success! By Genevieve E. Miller, Esq. Family Law, January 2025 The ISBA's 2024 Midyear Meeting lived up to its reputation as one of the premier events on the legal community’s calendar. Held at the JW Marriott in downtown Chicago on December 12 and 13, the two-day event provided a perfect blend of professional development, networking, and celebration for attorneys, judges, and legal professionals across Illinois. Attendees engaged in a full schedule of substantive section council meetings, dynamic CLE courses, and lively social gatherings.
Thirteen Red Flags for Spotting Problem Clients By Matthew Benson Family Law, January 2025 The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you. 
Chair’s Column By Jessica Patchick Family Law, December 2024 A note from the chair and A Lawyer’s Night Before Christmas story. 
A Closer Look at In Re Marriage of Zamudio and the Potential Impact on Allocating Early Retirement Subsidies in Divorce (Part 2) By John C. Madden Family Law, December 2024 When dividing a defined benefit plan in divorce, one complex issue is the allocation of early retirement subsidies, such as the "30 and out" provision. This article delves into the implications of the In Re Marriage of Zamudio decision on this topic.
Effectively Transitioning Your Matter for Appeal By Julie A. Johnson Family Law, December 2024 Family law litigators who routinely try cases or conduct full evidentiary hearings, whether pre- or post-decree, inevitably face the prospect of appealing decisions that did not favor your client. Most family law attorneys routinely practice in either the circuit courts or the appellate courts but rarely both. Employing the following strategies will save you time, your client money, and enable a smooth transition of your matter for an appeal handled by separate appellate counsel.
1 comment (Most recent December 10, 2024)
When the Child Brings a Parentage Case: The Applicable Authority By Staci Balbirer Family Law, December 2024 A look at 750 ILCS 46/602—Standing.
Chair’s Column By Jessica Patchick Family Law, November 2024 A note from the chair.
The Effects of Vicarious Trauma for Family Law Attorneys By Hon. Jeanne M. Reynolds Family Law, November 2024 First Responders are recognized as heroes! First Responders are also required to take care of themselves due to the immense challenges and stress dealt with on a daily basis. Lawyers and judges must do the same. 
Navigating Family Law: Why Anger Management Isn’t Enough in Domestic Violence Cases By Agnes Zielinski Olechno Family Law, November 2024 In Illinois family and domestic violence courts, courts may face the task of determining the appropriate intervention for individuals displaying harmful behavior, particularly in high-conflict parenting or divorce cases. Pursuant to Section 607.6 of the Illinois Marriage and Dissolution of Marriage Act, the court may order individual counseling for the child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties. 
Chair’s Column By Jessica Patchick Family Law, October 2024 A note from the chair.
A closer look at In Re Marriage of Zamudio and the potential impact on the allocation of early retirement subsidies in divorce (PART I) (In Re Marriage of Zamudio, 2019 IL 124676) Family Law, October 2024 The potential impact on the allocation of an early retirement subsidy when valuing and/or dividing a defined benefit plan in divorce.
Defending Dissipation: Tips and Common Pitfalls to Avoid By Jessica C. Marshall Family Law, October 2024 Tips for mitigating dissipation claims when litigating divorce cases. 
International Custody Disputes: Allocation Judgments Do Not Bind Courts When Determining a Child’s Habitual Residence By Jason Pica, II & Erin Lyman Family Law, October 2024 On April 30, 2024, the Seventh United States Circuit Court of Appeals held in Baz v. Patterson, what started off as a typical parentage case, that parental stipulations regarding a child’s habitual residence do not conclusively establish residence.
An Overview of Illinois’ Law on Reproductive Health By Ashley D. Davis Family Law, October 2024 Illinois law provides robust protections for reproductive rights, ensuring that individuals have the right to make decisions about their reproductive health without undue interference from the state.
Parenting Coordinators: Coordinating Parents Through the Day-to-Day Life By Erin M. Wilson Family Law, October 2024 What happens when issues arise after a final Allocation Judgment or Judgment for Dissolution of Marriage is entered? What happens when the parties are out of court and issues or different interpretations of the final orders arise? Who can the parents reach out to once the ink has dried on their final order?
Support For a Disabled Child Under 750 ILCS 5/513.5 By Elizabeth Felt Wakeman Family Law, October 2024 A look at 750 ILCS 5/513.5, including Practice Pointers.
Update on Dissipation of Assets By Lisa M. Nyuli Family Law, October 2024 A look at dissipation of assets of interest to family law practitioners.
Automatic Substitution of Judges: A Closer Look By Judge Arnold F. Blockman, (ret.) Family Law, July 2024 An analysis of the common practice of taking a substitution as of right to the assigned family law judge in a given case.
Practice Pointer: The Issue of Waiver and Maintenance Modification By Kathleen Kraft Family Law, July 2024 When dealing with modification of maintenance, the crucial and often overlooked consideration is how the parties’ assets and liabilities were allocated within their original settlement documents and the specific language and terms related to such.
Family Law Legislation 2024 By Richard Zuckerman Family Law, June 2024 In 2024, the Family Law Section Council reviewed and tracked 64 bills, seven of which made it to the governor's desk for signature.

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