Section Newsletters

Articles on Family Law

Lawyer’s duty to discover hidden assets By Harry Schaffner Family Law, December 2002 A recent appellate court case, Fox v. Melvyn Berks, decided by the First District, First Division, August 19, 2002 (1-01-0558), addresses the duty of an attorney to discover concealed assets.
Preparing your client for “the” evaluation By Rory Weiler Family Law, December 2002 The parties in many divorce cases initially dispute custody of the children. Fortunately, these disputes are most often resolved through the efforts of counsel and the court by the use of the mediation process.
Review of selected 2002 FMLA cases By Alisa B. Arnoff Labor and Employment Law, December 2002 Scamihorn v. General Truck Drivers, Office, Food & Warehouse Union, 282 F.3d 1078 (9th Cir. 3/4): Summary judgment for employer denied where genuine issues of material fact existed concerning whether employee's father was capable of self-care and of doing his essential job functions.
Collaborative lawyering By Richard Kulerski Family Law, November 2002 Collaborative law is our newest dispute resolution model. It is not limited to any area of practice but is clearly rooted in family law.
The future of grandparent visitation post-Wickham v. Byrne By Michael K. Goldberg General Practice, Solo, and Small Firm, November 2002 Now that the Illinois Grandparent Visitation Act, 750 ILCS 5/607 (b) (1) and (3), has been held facially unconstitutional by the Illinois Supreme Court in the case of Wickham v. Byrne, 99 Ill. 2d 309; 769 N.E.2d 1, there has been much debate as to how (or indeed if) a new third-party visitation statute should be drafted.
ISBA sets ADR program for midyear meeting By Hon. Michael S. Jordan Family Law, November 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench and Bar Section Council, the Civil Practice and Procedure Section Council, and the Family Law Section Council set for Thursday, December 12, 2002 from 2 p.m. to 5 p.m. at the Chicago Sheridan Hotel during the midyear meeting.
The Richman Report: Similar facts, different result Family Law, November 2002 Not too long ago, an IRS Field Service Report dated July 29, 1999 made us stop and think carefully before transferring nonqualified stock options in a divorce situation.
The Illinois Abused and Neglected Child Reporting Act: Immunity from liability By William Wu Family Law, August 2002 Many family law practitioners are aware of 325 ILCS 5, otherwise known as the Illinois Abused and Neglected Child Reporting Act (The Act). 325 Ill. Comp. Stat. § 5 (2002).
Divorce law issues: General Practice, Solo, and Small Firm, June 2002 In 1991, the Illinois Supreme Court in In re Marriage of Zells (1991), 143 Ill.2d 251, 157 Ill.Dec. 480, 572 N.E.2d 944, addressed the issue of the division of the goodwill value of a law practice in a dissolution of marriage proceeding.
Editor’s column Family Law, June 2002 Our fifth issue includes articles on using exhibits for maximum impact, the art of forum protection, pet custody and a summary of the latest case requiring consideration of a new payee's spouse's income and assets under Sections 504, 505 and 513 of the Illinois Marriage and Dissolution of Marriage Act.
Fencing and the art of forum protection By Margaret C. Benson & M. Lee Witte Family Law, June 2002 Fencing (with weapons, not merchandise) is a classic sport that requires agility, strength and quickness.
Pet custody: the new frontier in family law By Roza Gossage Family Law, June 2002 If we had been practicing family law for more than a few years, we all have had the issue of who gets the dog, cat or bird in the divorce.
Summary: In re Marriage of Street court must consider income and assets of payee’s new spouse By David N. Schaffer Family Law, June 2002 In Re Marriage of Street, 325 Ill. App.3d 108, 756 N.E. 2d 887 (3rd Dist. 2001), is one of a trend of cases that permit the court to look at the income and assets of a new spouse when considering support awards or modifications thereof.
Using exhibits for maximum impact By Edward R. Jordan Family Law, June 2002 We have all tried family law cases at one time or another. And in each of our trials, exhibits of one form or another have been used to persuade the trier of fact on some issue in the case.
Observations of a central Illinois guardian ad litem By Anthony P. Corsentino Family Law, May 2002 Recently, the Illinois Legislature amended the Dissolution of Marriage Act to provide for a child's representative in custody and visitation matters pending in Illinois court.
Editor’s column Family Law, April 2002 We hope you enjoy this issue which includes articles on the latest parentage cases, recovering fees for fee litigation and in camera interviews of children.
In camera interview of a child By Roza Gossage Family Law, April 2002 The court is authorized to to interview a child in chambers pursuant to section 604(a) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/604(a):
“Is this all I get?” or are we really achieving an equitable apportionment of marital property By Burton A. Gross Family Law, April 2002 Does the way we apportion property in Illinois comport with the reasonable expectations of parties who enter into a marital relationship?
Winner take all: recovery of fees for fee litigation in Illinois By Andrew R. Schwartz Family Law, April 2002 After a lengthy marriage and bitter divorce, the court enters a judgment for dissolution of marriage.
An update on child support issues By Sharon Mobley Family Law, February 2002 The Illinois Appellate Court rendered two important decisions regarding child support payments­one favors child support obligees, and the other favors child support obligors.
Recognizing and protecting against conflicts of interest By Belle Lind Gordon Family Law, January 2002 Most attorneys know that they can be disqualified as an attorney for a party based upon a conflict of the interest.
The Richman Report—the importance of the site visit as part of the business valuation process By Bruce L. Richman Family Law, January 2002 Often I am asked whether or not a site visit is needed in preparing a valuation of a closely held company.
Fractured tales Family Law, November 2001 Normally I suggest to my client to provide a copy of a photo of the spouse to the process server to insure prompt service.
Summary—Irmo Beyer: interim fee award pursuant to 501(c-1) upheld in post decree case By Ross S. Levey Family Law, November 2001 The Illinois Appellate Court, First District, has affirmed a ruling by the Honorable James Gavin upholding his award of interim attorney fees pursuant to section 501(c-1) in a post decree proceeding.
When your elderly clients marry: prenuptial agreements and other considerations© By P. André Katz & Amanda Clayman Family Law, November 2001 This appeal evolves from the divorce of an elderly, wealthy furniture magnate after less than three years of marriage to his much younger wife ... [and we] have no quarrel with the conclusion [of the trial judge] that the wife is not entitled to a $150,000 Rolls Royce.
Chair’s column Family Law, June 2001 By the time this newsletter is circulated, I will be the "immediate past chair" and my distinguished colleague, Alan J. Toback, will be at the helm.
Child support and the high income parent—is the good fortune trust the answer? By Barbara E. Hardin Family Law, June 2001 When making a determination of child support in high-income cases, courts often deviate downwards from statutory guidelines.
Deviation from child support guidelines in parentage cases By Richard D. Larson Family Law, June 2001 Many parentage cases handled by family law practitioners in the later years of the twentieth century differ from the norm because the parties involved are possessed of substantial income(s) and assets.
The judge’s corner By Judge Moshe Jacobius Family Law, June 2001 There has been some uncertainty created by the various provisions regarding attorney fees set forth in the Illinois Marriage and Dissolution of Marriage Act.
Legislative update By M. Lee Witte Family Law, June 2001 The 92nd General Assembly did family law practitioners some good and, we think, very little harm.

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