The Richman reportBy Bruce L. RichmanFamily Law, June 2001Much too involved to give a detail explanation of the tax bill in this column, the following are areas to take notice for tax law changes that can affect your area of practice.
Subchapter S corporation earnings: “income” for child support purposes?By Don C. HammerFamily Law, June 2001If a child support payor receives income from a subchapter S corporation, the income shown on his tax return may be greater than the amount of cash that he actually receives from the corporation.
Chair’s columnBy Julie Keehner KatzFamily Law, May 2001As the 2000-2001 term of the Family Law Section Council winds down, we have been inundated with numerous bills for our review.
Editor’s noteBy Richard W. ZuckermanFamily Law, May 2001You don't have to handle custody case for very long before it becomes clear that cases usually fall into one of three patterns.
The judge’s cornerBy John W. DemlingFamily Law, May 2001From a general standpoint, family law and divorce encompasses many big picture issues involving the relationship of the parties and their children after the entry of a final judgment.
The Richman ReportBy Bruce L. RichmanFamily Law, May 2001We have all heard about "substance over form," but when it comes to transferring IRA's, it is "form over substance."
Substitution of judges as a matter of right under 735 ILCS 5/2-1001 (a)(2)By Belle Lind GordonFamily Law, May 2001If timely filed, a motion for substitution of judge is absolute. The principle underlying the absolute right to a substitution of judge is that a party should not be compelled to plead his cause before a court who is prejudiced, whether actually or only by suspicion.
Child Citizenship Act of 2000 (H.R. 2883)Family Law, March 2001The Child Citizenship Act of 2000, which grants automatic citizenship to certain children born abroad who are adopted by a U.S. citizen, took effect February 27, 2001.
Confidentiality in adopt-related proceedingsBy Don C. HammerFamily Law, March 2001Most aspects of adoption proceedings are confidential (see section 18 of the Adoption Act), and courts have consistently held that "confidentiality protects the interests of biological parents, adopting parents, and adopted minors."
With no strings attachedBy Roza GossageFamily Law, March 2001Adoption is purely a creature of statute (750 ILCS 50/ et al). The court must comply with the statute, and is restricted by the language of the legislature as to what it can order with respect to adoption proceedings.
Case law updateBy Don C. HammerFamily Law, February 2001In re Adoption of K.L.P. (316 Ill. App. 3d 110; 735 N.E. 2d 1071) The adoption petition alleged that the biological mother was an unfit parent. Mother appeared and informed the court that she could not afford to hire an attorney and requested a public defender.
Chair’s columnBy Julie Keehner KatzFamily Law, February 2001As the legislative session gets underway, the Family Law Section Council will be inundated, as usual, with proposed legislation for us to review.
Editor’s noteBy Don C. HammerFamily Law, February 2001The year 2000 was a significant year for adoption practitioners in Illinois. This issue, and the following issue, of the Family Law newsletter will focus on adoption.
Parent powerBy M. Lee Witte & Margaret C. BensonFamily Law, February 2001While the Illinois Supreme Court was considering the application of Troxel v. Granville to our grandparents' visitation statute, a future justice of that court was using Troxel to find that a Constitutional right to court-appointed counsel exists in adoption proceedings.
Another viewBy David RoykoFamily Law, January 2001Last week, I learned that elevators can be great little rooms for big epiphanies, or at least re-epiphanies.
Family law bytesBy Roza GossageFamily Law, January 2001The technology committee of the Family Law Section, in its efforts to make you actually use your computer and the Internet, will be providing sites that may be of help in your family law cases as well as suggestions for programs you may want to explore.
The judge’s cornerFamily Law, January 2001From a general standpoint, family law and divorce encompasses many big picture issues involving the relationship of the parties and their children after the entry of a final judgment.
Recent casesBy Barry H. GreenburgFamily Law, January 2001In re Estate of Alex J. Sarron, August 25, 2000, 3rd District, No. 3-99-1010; Appeal from the Circuit Court of Peoria County as a result of a Florida divorce.
The Richman reportBy Bruce L. RichmanFamily Law, January 2001Beware! The transfer of a nonqualified stock option incident to a divorce may be taxable.
Smithberg v. The Illinois Municipal Retirement Fund et allBy William J. Scott, Jr.Family Law, January 2001In an opinion filed August 10, 2000 the Illinois Supreme Court reached a familiar conclusion, this time with respect to death benefits payable by the Illinois Municipal Retirement Fund (IMRF).
Injunctions in parentage casesBy Gilda Hudson-WinfieldGeneral Practice, Solo, and Small Firm, November 2000On May 30, 2000, the Illinois Appellate Court, First District, 2nd Division, in the case of In Re Parentage of Bremen Hall Melton, No. I-99-2463, issued a significant decision relative to the application of Section 501.1 of the Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/501 et seq. (West 1996) to Paternity cases under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 et seq. (West 1996).
Illinois Mediator Certification Act makes the roundsBy Don C. HammerFamily Law, October 2000The Illinois Mediator Certification Act is currently being circulated by the Alternative Dispute Resolution Section Council.
The judge’s cornerFamily Law, October 2000Current Assignment: I have been assigned to Criminal Misdemeanors, having just completed a three-year rotation in Domestic Relations.
