2022 Articles

Allocating Frozen Embryos in Divorce in Illinois By Ashley D. Davis October 2022 One question that Illinois courts are now embracing is how to address frozen embryos created during a marriage after that marriage has ended.

But Wait, There’s More… By Jessica Patchik June 2022 The first in a series of columns dedicated to demystifying the Child Support Advisory Committee mandated by 305 ILCS /12-4.20(c) and the quadrennial review of child support guidelines.

Can Child Representatives and Guardians Ad Litem Disgorge Fees From Either Party’s Counsel? By Agnes Olechno & Molly Kirsh November 2022 If you have ever been appointed as guardian ad litem or child representative in a domestic relations matter, you have probably had at least one case where one or both parents say they have no funds to pay their outstanding balance with your office, but they have now retained their fourth or fifth attorney to whom they have paid another retainer.

Chair Column: Commonly Overlooked Tax Return Issues in Divorce By Stephanie L. Tang October 2022 A note from the chair.

Chair’s Column By Susan W. Rogaliner June 2022 A note from the outgoing chair.

Chair’s Column By Susan W. Rogaliner May 2022 A note from the chair.

Chair’s Column By Susan W. Rogaliner April 2022 A note from the chair.

Chair’s Column By Susan W. Rogaliner March 2022 A note from the chair.

Chair’s Column By Susan W. Rogaliner February 2022 A note from the chair.

Chair’s Column By Susan W. Rogaliner January 2022 A note from the chair highlighting the Family Law Section Council's recent accomplishments.

Chair’s Column: Civility Guidelines for Family Law Practitioners By Stephanie L. Tang September 2022 How to maintain civility in family law cases.

Chair’s Column: Exploring NFTs and Divorce By Stephanie L. Tang July 2022 An overview of how non-fungible tokens are treated during a divorce.

Chair’s Column: Lessons in Due Process From Recent Illinois Unpublished Opinions By Stephanie L. Tang August 2022 A note from the chair.

Chair’s Column: Military Income in Divorce Cases By Stephanie L. Tang November 2022 A note from the chair.

1 comment (Most recent November 21, 2022)

Chair’s Column: ‘Tis the Season… for a 2022 Illinois Family Law Recap! By Stephanie L. Tang December 2022 Summaries of recently passed legislation and important caselaw updates from 2022.

The Defaulted Client or the Default in Our Stars By Karen VanderMeer January 2022 A look at default judgments for the dissolution of marriage and available remedies.

(Good) Cause and Effect By Samuel Czervionke August 2022 A plenary order of protection can be entered for a maximum period of two years, however, the duration can be extended at the request of the petitioner.

How to Improve Public Confidence and Trust in the Justice System—Judge John Carr and the Importance of the Golden Rule By Hon. Jeanne M. Reynolds September 2022 Public trust and confidence in the justice system are at an all-time low, however, there are many ways to improve the public's perception of the profession.

How to Realistically Manage Your Clients’ Expectations as a Young Lawyer By Genevieve Niemann March 2022 Effective communication tips and reminders for young attorneys.

Mandatory Distributions From Inherited IRAs Are Income for Support Purposes: A Review of the Illinois Supreme Court’s Decision in In re Marriage of Dahm-Schell and Schell By Jessica Hensley Sendek January 2022 In n re Marriage of Dahm-Schell and Schell, the Illinois Supreme Court addressed whether mandatory distributions or withdrawals taken from an inherited IRA containing money that has never been imputed against the recipient for purposes of maintenance and child support calculations constitute income under the Illinois Marriage and Dissolution of Marriage Act.

Navigating Special Immigrant Juvenile Status in Illinois State Courts By Judge Debra B. Walker & Andrea Fischer June 2022 During the past two years the issue of special immigrant juvenile status has become more and more prevalent in Illinois domestic relations cases, requiring collaboration between federal and state courts.

Obtaining Medical Records With a HIPAA Qualified Order By Marilyn Longwell August 2022 An overview of HIPAA qualified protective orders.

1 comment (Most recent September 26, 2022)

The Quadrennial Child Support Review: An Opportunity to Effect Change By Melanie Caspi May 2022 Now that practitioners and judges have had an opportunity to use and evaluate the child support guidelines for the past five years, it is time to discuss needed changes, updates, and clarifications to section 505 of the Illinois Marriage and Dissolution of Marriage Act.

Quadrennial Review Update: Child Support Advisory Committee Holds Town Hall Meetings By Jessica Patchik September 2022 The second article in a series dedicated to demystifying the Child Support Advisory Committee mandated by 305 ILCS /12-4.20(c) and the quadrennial review of child support guidelines.

Recent First District Case Provides Clarification on Pleading Practice By Rachael Toft March 2022 A summary and analysis of Dartt v. Pegman.

Rogers: A Different Perspective of Income and Double Counting By James Hanauer December 2022 For years, the courts have struggled with the issue of allocating an asset as property and then calling the same asset income for purposes of child support and/or maintenance calculations.

Substitution of Judge as a Matter of Right: What Is a Substantive Ruling? By Raleigh D. Kalbfleisch May 2022 A look at whether an agreed order entered in a pending case renders a motion for substitution of judge as a matter of right.

Tips for Conducting Virtual Depositions By Jessica C. Marshall April 2022 Four useful tips for taking a deposition remotely.

Tips for Fostering Healthy Attorney-Clerk Relationships: A Law Student’s Perspective By Fionna Ek July 2022 Best practices for fostering and maintaining healthy attorney-clerk relationships.

Using IEPs in Allocating Decision Making and Parenting Time By Marilyn Longwell & Dr. Gerald Blechman November 2022 Individual Education Plans include test results and anecdotal comments about a student’s abilities, performance, and behavior in school. In addition to assisting educators determine the child's needs, they can be considered when resolving issues such as parenting time and decision making when parents are divorcing or separating.