Section Newsletters

Articles on Family Law

Rogers: A Different Perspective of Income and Double Counting By James Hanauer Family Law, 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.
When a Disability Benefit Is Actually a Pension in Disguise By Michael Strauss Family Law, December 2022 Illinois courts are now unified in holding that they are to be treated the same if a party was ordered to divide their pension before the disability occurred.
Can Child Representatives and Guardians Ad Litem Disgorge Fees From Either Party’s Counsel? By Agnes Olechno & Molly Kirsh Family Law, 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.
Using IEPs in Allocating Decision Making and Parenting Time By Marilyn Longwell & Dr. Gerald Blechman Family Law, 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.
Using the (Not Quite) Uniform Interstate Depositions and Discovery Act By Wes Cowell Family Law, November 2022 The Uniform Interstate Depositions and Discovery Act is simple, streamlined, and fast.
Allocating Frozen Embryos in Divorce in Illinois By Ashley D. Davis Family Law, 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.
Obtaining Medical Records With a HIPAA Qualified Order By Marilyn Longwell Elder Law, October 2022 An overview of HIPAA qualified protective orders.
What Family Law Attorneys Need to Know About Instagram #Coaches By Karen VanderMeer Family Law, October 2022 With the increased popularity of Instagram, a new influential participant is shaping clients' perception on what to expect from their family law cases—the Instagram coach.
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 Family Law, 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.
Quadrennial Review Update: Child Support Advisory Committee Holds Town Hall Meetings By Jessica Patchik Family Law, 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.
(Good) Cause and Effect By Samuel Czervionke Family Law, 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.
Obtaining Medical Records With a HIPAA Qualified Order By Marilyn Longwell Family Law, August 2022 An overview of HIPAA qualified protective orders.
1 comment (Most recent September 26, 2022)
Voluntary Dismissal in Domestic Relations Cases By L. Steven Rakowski Family Law, July 2022 An overview of how to withdraw your client's pleading.
But Wait, There’s More… By Jessica Patchik Family Law, 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.
Navigating Special Immigrant Juvenile Status in Illinois State Courts By Judge Debra B. Walker & Andrea Fischer Family Law, 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.
The ‘What Was Contemplated…’ Virus Has Been Eradicated! By Judge Arnold Blockman, (ret.) Family Law, June 2022 On May 13, 2022 the governor signed SB 3036 (P.A. 102-0823), which amended 750 ILCS 5/501(a)(1) and (a-5) regarding the modification of child support and maintenance.
What You Need to Know About the Child Support Advisory Committee By Richard Zuckerman Family Law, June 2022 An overview of the Child Support Advisory Committee.
The Quadrennial Child Support Review: An Opportunity to Effect Change By Melanie Caspi Family Law, 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.
Substitution of Judge as a Matter of Right: What Is a Substantive Ruling? By Raleigh D. Kalbfleisch Family Law, 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.
The Trend Away From the ‘Every Other Weekend’ Parent By Amy Silberstein Child Law, May 2022 In recent years, there has been a growing emphasis on a divorced parent with less parenting time having a more expanded parenting role and time schedule.
Gathering and Using Social Media Evidence By Nicole M. Onorato & Judge Karen J. Bowes Elder Law, April 2022 Practitioners should be sure to not only keep up with new social media trends and technologies, but also ensure that discovery requests are tailored to capture relevant social media evidence and effectively use it in a case.
Tips for Conducting Virtual Depositions By Jessica C. Marshall Family Law, April 2022 Four useful tips for taking a deposition remotely.
What to Know Before You Take a Hague Convention Case By Staci Balbirer Family Law, April 2022 Ten questions to ask when your client has a possible Hague Convention case.
How to Realistically Manage Your Clients’ Expectations as a Young Lawyer By Genevieve Niemann Family Law, March 2022 Effective communication tips and reminders for young attorneys.
Recent First District Case Provides Clarification on Pleading Practice By Rachael Toft Family Law, March 2022 A summary and analysis of Dartt v. Pegman.
What Does a Domestic Violence Survivor Need When Leaving an Abusive Relationship? By Sally Kolb Family Law, March 2022 An overview of what domestic violence survivors need to discreetly arrange and/or gather prior to leaving their partner.
When the Client Becomes the Debtor: Family Law Attorney Fee Agreements in Bankruptcy By Matthew Benson Family Law, February 2022 An examination of the treatment of family law attorneys’ fees when the client files for bankruptcy protection and guidance as to how to avoid the pitfalls that can arise therein.
When ‘the End’ Is Not the End: COVID Edition By Anna Aguilar & Erin M. Wilson Women and the Law, February 2022 A look at some of the challenges of COVID-19 on post-decree family law disputes. 
The Defaulted Client or the Default in Our Stars By Karen VanderMeer Family Law, January 2022 A look at default judgments for the dissolution of marriage and available remedies.
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 Family Law, 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.

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