2018 Articles

Alleging and defending dissipation: Cheating, gambling, and jet-setting—oh my! By Marie Sarantakis September 2018 When allocating spouses’ property under 750 ILCS 5/503 of the Illinois Marriage and Dissolution of Marriage Act, courts are to assess whether a spouse engaged in the dissipation of marital assets.

Chair’s’ column By Heather Hurst December 2018 A note from the chair, Heather Hurst.

Chair’s column By Heather Hurst November 2018 A note from the chair, Heather Hurst.

Chair’s column By Heather Hurst September 2018 Heather Hurst, chair of the Family Law Section, introduces Sally K. Kolb, the section's secretary.

Chair’s column By Heather Hurst August 2018 A note from the Family Law Section Council chair, Heather Hurst.

Chair’s column By Heather Hurst July 2018 A note from the Family Law Section Council chair, Heather Hurst.

Chair’s column By Tamika Walker June 2018 A message from Family Law Section Chair Tamika Walker as the 2017-18 bar year comes to a close.

Chair’s column By Tamika Walker April 2018 A message from Family Law Section Chair Tamika Walker.

Chair’s column By Tamika Walker March 2018 Section Chair Tamika Walker shares her thoughts about pending legislation that, if passed, would affect family law.

Chair’s column By Tamika Walker February 2018 A message from Family Law Section Chair Tamika Walker.

Chair’s column By Tamika Walker January 2018 A message from Family Law Section Chair Tamika Walker.

Editor’s column By Matthew A. Kirsh February 2018 Editor Matt Kirsh points out an update to an article published last month in this newsletter.

Emergency planning for lawyers By Lisa M. Nyuli July 2018 Creating a succession plan is critical in preparing for life events that result in the closure of your law practice.

Enforcement of prenuptial agreements following Kranzler and Woodrum By Stephanie L. Tang December 2018 Two recent cases—In re Marriage of Woodrum and In re Marriage of Kranzler—help clarify the criteria courts will consider when determining enforceability of a prenuptial or postnuptial agreement.

Equitable estoppel By Michael Strauss June 2018 Equitable estoppel can be a powerful weapon to use under the correct facts to defend against past due child support.

1 comment (Most recent June 26, 2018)

‘Fee,’ fie, foe … fee? Fee awards under 750 ILCS 5/508(a) By Stephanie Capps December 2018 According to the second district, clients cannot sue their former attorneys for fees under 750 ILCS 5/508(a)(3).

HB 4113 – A giant step backwards By Bill Scott February 2018 Author Bill Scott argues HB 4113 effectively ignores the rights of the children of divorce and sets the progress made with the amended act back 30 years.

2 comments (Most recent February 27, 2018)

In re Marriage of Hodges: Equitable estoppel revisited By Arnold F. Blockman September 2018 A summary of In re Marriage of Hodges, in which the court found equitable estoppel to be a valid defense to an enforcement proceeding to collect a child support arrearage.

IRMO of Goesel: The Supremes have spoken! By Jeanne M. Reynolds January 2018 The Illinois Supreme Court recently resolved the burning issue of whether or not earned attorney fees are subject to disgorgement.

Making the record By Hon. Kevin T. Busch January 2018 While the reporter has a duty to take down all that is said, the true burden of making a record rests with us, the judges and attorneys. So what can we do to make a better record?

Mandatory Acknowledgement of Marital Responsibilities By Matthew A. Kirsh April 2018 Author Matt Kirsh satirically asks, "Wouldn’t it be nice if there was a form that both spouses are required to sign before obtaining a marriage license?"

1 comment (Most recent June 11, 2018)

My life as a guardian ad litem and children’s representative—so far, quite good! By Kevin H. Saville June 2018 A first-person account of what it's like to be a guardian ad litem and children's representative.

New federal tax implications for maintenance payors and recipients By Stephanie Capps February 2018 Author Stephanie Capps provides a sample scenario to help determine the potential financial impact on divorcing parties when considering the combo of new maintenance guidelines and federal tax overhaul.

The new maintenance formula and other modifications to section 504 By Margaret A. Bennett November 2018 An outline of recent modifications made to 750 ILCS 5/504 of the Illinois Marriage and Dissolution of Marriage Act.

New maintenance guidelines for divorcing spouses By Stephanie Capps January 2018 As of January 1, 2018, new maintenance guidelines have taken effect in Illinois.

3 comments (Most recent January 19, 2018)

New programs in Cook County’s Domestic Relations Division By Grace G. Dickler November 2018 In light of recent changes in family law in Illinois and an uptick in the number of litigants navigating cases without assistance of an attorney, multiple committees have been assembled to ensure that Cook County's Domestic Relations Division offers programs and policies appropriate to meet the changing needs of families.

Not so fast, Buddy—Retirement and termination of maintenance By Marilyn F. Longwell & Anne L. Mueller September 2018 Not unlike the issue of the award of maintenance at the time of dissolution, the totality of the circumstances must be considered as to whether retirement justifies a termination of maintenance.

Parents are parents, right? By Tamika Walker June 2018 A brief overview of representing a party in a same-sex marriage parenting case by Family Law Section Chair Tamika Walker

Personal goodwill: Can we limit the subjectivity? By James Arogeti, Tony Garvy, & Justin Pelock April 2018 Because goodwill is a catch-all asset, the authors opine that identifiable intangible assets can be identified, valued, and classified as personal or enterprise assets.

Pet custody is coming to Illinois: Who will get Fido in the divorce? By Marie K. Sarantakis March 2018 Effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage Act nows require state courts to award custody of a marital companion pet after considering what is in the animal’s best interests.