2005 Articles

Bill of particulars in family law cases By Janet Boyle December 2005 I was recently served with a Demand for Bill of Particulars in response to a Petition for Dissolution of Marriage I filed on behalf of a client.

Chair’s column By David N. Schaffer December 2005 Contemporary hip-hop singer Kanye West has a current hit single, “Gold Digger.”

Chair’s column By David N. Schaffer October 2005 When I talk or write about the practice of family law, I always stress how we are dealing with issues, particularly in custody cases, that can have lifelong effects on those involved, especially children.

Chair’s column By Karen M. Pinkert-Lieb April 2005 As family law practitioners, we are all painfully aware that litigant dissatisfaction is higher in a divorce than in any other type of case.

Chair’s column By Karen M. Pinkert-Lieb January 2005 As promised in our October newsletter, one of our goals this year is to keep our section members informed of the work of our committees.

Editor’s column By Ross S. Levey October 2005 Section 506 Representation of child and Section 608 Judicial Supervision of the Illinois Marriage and Dissolution of Marriage Act have been amended by Public Act 094-0640 effective January 1, 2006.

Editor’s column By Ross S. Levey September 2005 Between attending court appearances, drafting pleadings, reviewing discovery, meeting with clients, conducting research and sometimes wanting to pull our hair out, there is little time to keep track of the legislation process down in Springfield and its effect on us as family law practitioners.

Editor’s column January 2005 This issue contains a letter to the Chair in response to her column concerning same-sex marriage, a summary of the new Gestational Surrogacy Act, and a summary of recent case law, including the latest case on grandparent visitation.

The effect of HIPAA on discovery in divorce cases By Belle Lind Gordon July 2005 The federal Health Insurance Portability and Accountability Act (“HIPAA”) was enacted in 1996. The purpose of the Act was, in part, to protect individuals against the improper disclosure of their health care information by physicians, hospitals, ambulance services, fire department protection districts, and others.

The family lawyer’s guide to bankruptcy reform By Paul Osborn October 2005 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) makes the most substantial changes to the Bankruptcy Code since its enactment in 1978.

Grandparents raising grandchildren-What they should know By Annemarie E. Kill April 2005 In the U.S. there are more than six million children who live with grandparents or other relatives. In Illinois alone, more than 100,000 grandparents are caring for their grandchildren.

Let divorce practitioners beware: Attorneys must sue clients within one year to recover fees By Cecilia Hynes Griffin October 2005 An Illinois Appellate Court opinion recently clarified the law with respect to when an attorney may sue a former client following a divorce proceeding.

Letter to the Chair January 2005 I recently received and reviewed the October 2004 newsletter of the Family Law Section.

Mediation of financial issues in divorce By Don C. Hammer July 2005 The Illinois Supreme Court, on January 26, 2005, approved a program in the Eleventh Circuit for the mediation of financial and property issues in divorce cases (both pre-decree and post-decree) and family (paternity) cases.

A message from the Chair By David N. Schaffer September 2005 As Chair, I am delighted to welcome you to the 2005-2006 Family Law Section. A key benefit of joining a Section is the newsletter subscription.

The new Servicemembers Civil Relief Act By Mark E. Sullivan July 2005 With the conflict in Iraq continuing to place heavy demands on the nations armed forces, more and more National Guard and Reserve servicemembers (SMs) are being called to duty.

Opinion witness disclosure under Supreme Court Rule 213 By Russell W. Hartigan September 2005 In 2002, Rule 213(f) underwent a dramatic change in the manner in which trial witnesses are disclosed. Prior to the amendment, parties were required merely to provide minimal information upon request of opposing counsel.

The pendulum has swung: The upside-down world of the law of maintenance in Illinois By Steven N. Peskind December 2005 Prior to the legislature’s amendments to our maintenance statute (750 ILCS 5/504) in 1993, the policy of the legislature was to assist a financially dependent spouse primarily through the division of the assets as opposed to awards of maintenance.

Petitions for contribution to attorney fees in postdecree cases: An update on the law By Rachel C. Heyman September 2005 Section 508 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA), 750 ILCS 5/508(a), allows one party to seek contribution to his attorney fees from the opposing party in dissolution actions.

Private adoptions-Right to counsel By Phillip B. Lenzini April 2005 Under the category of "human rights," particularly when viewed by attorneys, perhaps no single right is believed as important and prophylactic as the right to be represented by a competent attorney.

Public Act 094-0640 October 2005 Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Sections 506 and 608 as follows:

Recent family law cases By Adrienne W. Albrecht January 2005 The Illinois Supreme Court has recently handed down several significant opinions affecting Family Law practitioners.

Regulating non-traditional childbirth-the Illinois Gestational Surrogacy Act By Steven N. Peskind January 2005 This article will explore the specific requirements of the surrogacy Act and generally will discuss the implications of the Act on public policy and the specific actors who choose surrogacy as a means to create life.

Untangling interim attorney fee awards and disgorgement under the Parentage Act: Clarity at last? By Nanette A. McCarthy & Carol Jones April 2005 Imagine a scenario in which Enrique learns that he is the father of an eight-year-old son, Henry. Enrique never knew of Delilah's (his former girlfriend's) pregnancy, or the birth of Henry, because the couple split up shortly after Henry was conceived and never had physical contact thereafter.

Using the General Assembly Web site without screaming at the computer By Adrienne W. Albrecht September 2005 Several years ago, the Illinois General Assembly created a powerful Web site complete with database queries; but posted a set of instructions that was not only incomprehensible, it was wrong.

When is a settlement agreement enforceable even without authorizing legislation? In re M.M.D. and its progeny By Adrienne W. Albrecht July 2005 Although the parties and the Appellate Court viewed the issues in <i>In re M.M.D.</i>, the Supreme Court opted to decide the case on the basis of the enforceability of a consent decree.