Recent casesBy Barry H. GreenburgFamily Law, October 2000The issue presented to the court was whether the Parentage Act conferred on the court all powers found in the Marriage Act, which the court found that it did not.
Changes to the innocent spouse provisions: something old, something newBy Carlos A. SaavedraFamily Law, June 2000Code section 6013(d)(3) establishes joint and several liability for married taxpayers filing a joint income tax return. "Innocent Spouse" provisions refer to those Code provisions that create exceptions to this joint and several liability.
Maintenance revisitedBy Howard W. Feldman & David K. HarrisFamily Law, June 2000The Fourth District Appellate Court in a decision dated February 9, 2000, affirmed an award of permanent maintenance to a 32-year-old wife, with a high school education, who had been married for 14 years. I
A pilot programBy Susan Fayette HutchinsonFamily Law, June 2000As a former domestic relations judge in a quickly growing upstate county charged with making sure that children had safe visits with parents, I was often frustrated by the lack of resources available to the children and me.
What you need to know about grandparent visitationBy Michael K. GoldbergFamily Law, June 2000The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
Case law updateBy Barry H. GreenburgFamily Law, May 2000In Re Matter of C.B.L., a Minor, A.B. Petitioner-Appellant v. H.L., Respondent-Appellee, 1st District, 4th Division, Appeal No. 1-98-2011, Appeal from the Circuit Court of Cook County, filed December 16, 1999.
The judge’s cornerFamily Law, May 2000Domestic relations is an area of the law that affects the present and future lives of the parties and their children.
American Bar Association sanctions use of e-mail for communicating with clientsBy David N. SchafferFamily Law, March 2000The American Bar Association's Standing Committee on Ethics recently issued an opinion (Formal Opinion No. 99-413) regarding the use of unencrypted e-mail, as it relates to compliance with Model Rules of Professional Conduct.
Availability of experts in custody disputesBy Grace G. DicklerFamily Law, March 2000This writing will address the existing statutory scheme, case law, and proposed changes relative to the use of experts in custody and visitation cases.
Case law updateBy Barry H. GreenburgFamily Law, March 2000In Re Marriage of James H. Adamson and Phyllis M. Cosner, f/k/a Phyllis M. Adamson, 2nd District, Appeal No. 2-98-1259, filed November 22, 1999.
The judge’s cornerFamily Law, March 2000In general, I expect reasonable promptness; courtesy to the court, opposing counsel and parties; professional demeanor and civility.
Discovery of mental health recordsBy Laura Hynes RamirezFamily Law, January 2000Sooner or later most practitioners will represent a party who has either received or is receiving some sort of therapy/ counseling (or advises that his former partner has or is receiving therapy/ counseling) and issues relating to disclosure of the records may become an important aspect of the entire case.
The forgotten writBy Scott C. ColkyFamily Law, January 2000Most common law writs were abolished by the enactment of the Code of Civil Procedure in 1982 (735 ILCS 5/2-1501).
The judge’s cornerFamily Law, January 2000Assignment: Chief Judge of the Lake County Domestic Relations Division, 19th Judicial Circuit
Recent casesBy Barry H. Greenburg & Jacalyn BirnbaumFamily Law, January 2000Appellate court reversed trial court's denial of public guardian's motion to withdraw on the basis that public guardian had failed to identify any conflict in his representation.
Family law updateBy John H. MavilleGeneral Practice, Solo, and Small Firm, November 1999In IRMO Mathias, 304 Ill.App.3d 326, 237 Ill.Dec.525, 709 N.E.2d 994, we are reminded that §510(a) limits retroactive modification of child support to only those installments accruing after the date of filing of the petition for modification.
In re the marriage of GrunstenBy Jacqueline J. TorshenFamily Law, October 1999After over 21 years of marriage, Barbara Grunsten filed a Petition for Dissolution of Marriage against Richard Grunsten, citing irreconcilable differences.
The judge’s cornerFamily Law, October 1999Assignment: Trial judge, Domestic Relations Division, Circuit Court of Cook County
Recent casesBy Barry H. GreenburgFamily Law, October 1999In re Custody of K.P.L. a minor, 3rd District, Appellate No. 2-97-1107, filed April 16, 1999. This is an appeal from a decision granting custody of a child to its legal guardians pursuant to the guardian
Recent developments concerning the duty to disclose under Illinois Supreme Court Rule 213By Rhoda L. KernsFamily Law, October 1999Although some trial courts may be as lax in enforcing Illinois Supreme Court Rule 213 as they were in enforcing former Illinois Supreme Court Rule 220, the appellate courts are taking a hard line approach to ensure a more uniform interpretation and enforcement of the new rule.
Chairman’s columnFamily Law, May 1999Parentage cases. There is a reason they were called bastardy cases under the pre-1984 Act. In 25 years of family law practice I have seen lots of bitterness, recrimination, spiteful acts and vengeful, mean-spirited behavior.
Family law bytesFamily Law, May 1999Also online are public acts and bills: http://www.legis.state.il.us/publicacts/publicacts.html and http://www.legis.state.il.us/legisnet/legismain.html
How to subpoena mental health recordsBy Deanne MorganFamily Law, May 1999Your client petitioned the court for dissolution of his marriage and for custody of their two minor children.
Legislative updateBy Alan J. TobackFamily Law, May 1999As this issue goes to press, the Board of Managers of the Illinois Chapter of the American Academy of Matrimonial Lawyers voted in its monthly meeting by a vote of 8 to 7 to oppose House Bill 377 regarding the representation of children during divorce proceedings.
Family law bytesBy David N. SchafferFamily Law, March 1999The following is a list of some helpful Web sites prepared for us by David Schaffer.
Family Law UpdateBy John H. MavilleGeneral Practice, Solo, and Small Firm, March 1999Effective June 30, 1998, Public Act 90-608 amended several sections of the Children and Family Services Act, the Juvenile Court Act of 1987, and other provisions.
Effective waiver of beneficial interests and expectancies in judgment of dissolution of marriageBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, February 1999There are a number of cases in which a party fails to change his beneficiary designations after dissolution of marriage, leaving an ex-spouse as the designated beneficiary of life insurance, pension plan, or other asset.
