Family Law EthicsBy Leslie WoodFamily Law, October 2021An overview of the Attorney Registration & Disciplinary Commission's Annual Report of 2020 as it pertains to family law practitioners.
New Legislation Amends Health Insurance Provisions in 750 ILCS 5/505.2By Margare A. Bennett & Nancy Chausow ShaferFamily Law, September 2021On July 9, 2021, Governor Pritzker signed Senate Bill 258, now Public Act 87, into law, amending provisions in 750 ILCS 5/505.2 of the Illinois Marriage and Dissolution of Marriage Act.
Testing the WatersBy Michael StraussFamily Law, August 2021A summary and analysis of Palos Community Hospital v. Humana Insurance Company, Inc.
Enforcing an I-864 Affidavit in an Illinois DivorceBy Russell D. Knight & Stephanie L. TangFamily Law, July 2021In In re Marriage of Bychina, the Illinois appellate court issued its first publishing opinion regarding enforcement of an affidavit of support.
The Addition of ‘Necessary’ Third-Party Defendants in Dissolution MattersBy Michael A. Haber & Jamie L. RossFamily Law, June 2021Dissolution proceedings frequently involve determinations of the value and nature of assets that one party may hold jointly or severally with a person or entity that is not a party to the case.
Should Child Support Be Based on Parenting Time?By Robin MillerFamily Law, June 2021When the income shares child support statute went into effect in January 2019, it was the first statutory authority to calculate the dollar amount of child support based on the number of days of parenting time.
Child Support Guidelines and Shared Care Parenting FormulasBy Margaret A. Bennett & Nancy Chausow ShaferFamily Law, April 2021A look at the income shares model for determining child support, which is now used in 40 states including Illinois.
Are You Interested?By Jessica PatchikFamily Law, March 2021Effective January 1, 2021, the Illinois Department of Healthcare and Family Services stopped accounting for interest on child support arrearages.
Is it Constitutional to Compel the Parties to File a Joint Tax Return?By Michael SevinFamily Law, March 2021As the April tax filing deadline approaches, family law practitioners are commonly confronted with one party refusing to cooperate in the parties filing their taxes jointly.
Parenting Coordination: A Form of ADR for High-Conflict Situations and FamiliesBy Brigitte Schmidt BellAlternative Dispute Resolution, March 2021Parenting coordination, a form of alternative dispute resolution on the rise over the past 20 years, is based on child-centered mediation practices with added components to address the enduring problems of high-conflict families.
What If It Doesn’t Work Out?By Ron CohenFamily Law, February 2021Certain formalities must be observed to successfully create, amend, and revoke a premarital agreement.
The ‘What Was Contemplated…’ Virus Is Spreading—It Is Time to Mitigate!By Judge Arnold Blockman, (ret.)Family Law, December 2020It is clear that many family court judges and family law attorneys defending child support and maintenance modification cases are using the “contemplation of the parties or the court” defense to avoid a finding of a substantial change of circumstances.
An Analysis of Sharpe v. WestmorelandBy Emily RappFamily Law, November 2020Partners to a civil union now have standing to petition for parenting time as a result of the Illinois Supreme Court’s ruling in Sharpe v. Westmoreland.
Case Study: In re Marriage of Solecki—Examining its Ruling and Potential ConsequencesBy Stephanie L. TangYoung Lawyers Division, September 2020In re Marriage of Solecki joins a handful of cases in opening the doors for future modification claims and potential invalidation of child support provisions contained in marital settlement agreements and judgments for dissolution of marriage that a court finds does not comport with section 505 of the Illinois Marriage and Dissolution of Marriage Act.
Diversity and Inclusion: Professionalism at Work in the LawBy Marcus Dominguez & Judge Debra B. WalkerFamily Law, August 2020On February 25, 2020, Judge Debra B. Walker and Judge Diane M. Shelley led an open discussion with the American Academy of Matrimonial Lawyers centered around diversity and inclusion in the legal workplace.
Can I Date Without Losing My Maintenance?By Jordan Rosenberg, Shana Vitek, & James QuigleyFamily Law, June 2020The meaning of "cohabitation" under section 510 of the Illinois Marriage and Dissolution of Marriage Act is not defined and, as a result, the concept has been frequently litigated and continues to change as the caselaw evolves.
Five Tax Concepts Family Law Attorneys Should KnowBy Kimberly S. Krieg & Stephanie L. TangYoung Lawyers Division, June 2020An analysis of the five tax concepts that all attorneys, in particular family law attorneys, should familiarize themselves with when negotiating cases.
Residential Parent Designation Ramifications Under the School CodeBy Fiona A. McCormick & Katherine A. McCollumFamily Law, June 2020Putting together an allocation of parental responsibilities judgment takes a lot of time and consideration on the part of the attorneys and the clients.
Challenging the Constitutionality of Ordering College ExpensesBy Ashley D. DavisGeneral Practice, Solo, and Small Firm, April 2020In Yakich v. Aulds, the Illinois Supreme Court was faced with the claim that section 513 of the Illinois Marriage and Dissolution of Marriage Act violated the Equal Protection Clause of the U.S. Constitution.
