2006 Articles

2006 Family law legislative update By Adrienne W. Albrecht August 2006 After absorbing monumental changes to the Adoption Act in 2005, the full ramifications of which are still being realized, a total revision of the law affecting guardians ad litem and child representatives, and other assorted revisions, 2006 has lived down to its low expectations, being a “rules” year.

“All” income included when calculating child support By Jason G. Adess April 2006 Recent Illinois decisions have clarified the procedure trial courts are required to follow when considering non-recurring income in child support cases.

Chair’s column By David N. Schaffer April 2006 Please again be reminded to send in your suggestions for our “songs for the divorce practitioner” issue.

Chair’s column By David N. Schaffer February 2006 I am writing this column a little less than a week before I will see the Stones (as in The Rolling Stones for all you post-baby boomers) at the United Center. Either Mick and Keith were way ahead of their time or some things just never change.

Editor’s column By Ross S. Levey June 2006 This Volume is a special edition of the ISBA Family Law Section Council Newsletter.

Editor’s column By Ross S. Levey April 2006 The Illinois Supreme Court adopted new rules, effective July 1, 2006, concerning child custody proceedings.

Editor’s note By Ross S. Levey February 2006 On January 25, 2006, the Illinois Supreme Court granted a petition for leave to appeal in the case J.S.A. v. M.H., 361 Ill.App.3d 745 (3rd Dist. 2005)

Enforcement of prenuptial agreements under the Illinois Uniform Premarital Agreement Act By Rory Weiler February 2006 Historically, individuals in Illinois who agree to marry have had the ability to contract away marital rights and obligations in the event of a death or divorce through the use of prenuptial (sometimes referred to as “antenuptial”) agreements.

Ex-Officio By David N. Schaffer August 2006 This is my final column as Chair of the Family Law Section Council. Actually, by the time this gets out, I will officially be ex-officio and the Council will be under the fine leadership of Scott Colky.

The Illinois Domestic Violence Act of 1986: An overview By Brian L. McPheters May 2006 It has become apparent the practicing bar may not understand how the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et. seq.) works or the opportunities it provides to render legal services. Depending upon the facts of a particular situation, the Illinois Domestic Violence Act of 1986 (“IDVA”) may offer an abused client real protection from future abuse.

Interpreting “prior obligations” under Section 505 By Matthew G. Shaw August 2006 Years ago during the child support court call, the obligor explained to the judge that his support should not be based upon 20 percent of his net income because he had other children to support.

“Legalese” rhymes with “fees” By Paulette Gray October 2006 The parties to a divorce reserved the issue of the division of personal property and a judgment of dissolution of marriage was entered.

Message from the Chair By Scott C. Colky October 2006 A good family lawyer needs to know the Illinois Marriage and Dissolution of Marriage Act, the UCCJEA, the Parentage Act, the Tax Code, the Illinois Mental Health and Developmental Disability Act, the Illinois Domestic Violence Act and a myriad of other statutes.

Message from the Chair By Scott C. Colky August 2006 Mothers without custody, disillusioned fathers who need special attorneys to get their rights, litigants unhappy with their outcomes.

New Article IX. Child custody proceedings By Susan E. Kamman June 2006 An overview of the new 900 series of the Illinois Supreme Court Rules.

Now you don’t see it—Now you do By Peter Mierzwa October 2006 This title describes the conundrum in which we attorneys find ourselves as we move further toward an electronic practice.

Preserving medical evidence and testimony for trial By Belle Lind Gordon October 2006 The rules of evidence in the State of Illinois apply equally to medical malpractice cases, personal injury cases, workman’s compensation cases, and domestic relations cases.

Putative Father Registry By Kimberly J. Anderson February 2006 Father may have known best in the 1950s, but in the seemingly more complicated new millennium, many fathers don’t even know that they’ve become parents.

The QDRO By Paul Frigo May 2006 One area of family law that can provide long-term problems is the QDRO.

Spoliation of evidence and its impact on family law By Paulette Gray April 2006 Why would a family law practitioner care about spoliation of evidence? Do we even know what spoliation of evidence means?

The validity of waivers in marital agreements By David P. Pasulka October 2006 In order for a waiver to be valid in a Marital Settlement Agreement, it must generally satisfy the legal requirements of a contract.