2013 Articles

5 tips for compassionately representing a domestic violence victim By Sally K. Kolb January 2013 There are several things a practitioner should keep in mind, especially when working with the victims. This article will provide some helpful tips for compassionately serving these clients.

Are we creating monsters? Court holds adult children lacked standing to bring claim for college expenses under 513 By Julia Pucci November 2013 A summary of the recent case of In re Marriage of Vondra.

Chair’s column By Pamela J. Kuzniar December 2013 A message from Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar November 2013 A message from Section Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar October 2013 A message from Section Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar September 2013 A message from Section Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar August 2013 A message from Section Chair Pamela Kuzniar.

1 comment (Most recent August 9, 2013)

Chair’s column By William J. Scott, Jr. June 2013 A message from Section Chair William Scott.

Chair’s column By William J. Scott, Jr. April 2013 A message from Section Chair Bill Scott.

Chair’s column By William J. Scott, Jr. March 2013 A message from Section Chair William J. Scott, Jr.

Chair’s column By William J. Scott, Jr. February 2013 Bill Scott, Family Law Section Chair, calls for a review of the sweeping changes to the IMDMA proposed by HB1452 in the current Illinois Legislature.

Chair’s column By William J. Scott, Jr. January 2013 A Chicago newspaper columnist, Sydney J. Harris, used to report occasionally on facts and information that he learned while looking up other things. Information comes to me in that manner or, since I am now affiliated with a law firm that has many practice areas other than Family Law, information comes to me via tax practitioners, estate planners and other lawyers who do things that I do not understand.

Chair’s column—Child support plus By William J. Scott, Jr. May 2013 The debate continues about what kind of child support system Illinois should have.

1 comment (Most recent May 13, 2013)

Child support enforcement and creation of a substantial fugitive class of offenders By Joseph N. DuCanto August 2013 Meaningful change in child support enforcement must first deal with modification or elimination of federal law absolutely prohibiting any settlement, reduction or forgiveness of child support awards by any state tribunal.

Child support income withholding notices not just an afterthought By Jennifer A. Shaw & Barry T. Underwood September 2013 Within the last 18 months, significant changes have been made to both Federal and State laws governing IWOs. Failure to recognize the latest protocols could result in complaints to the ARDC or charges of malpractice as the penalties attributable to employers who fail to withhold are substantial.

1 comment (Most recent September 16, 2013)

Conscious divorce: The conscious lawyers and collaborative practice By Sandra Crawford October 2013 It often goes without saying that family lawyers deal with significant trauma and distress on a daily basis. Becoming and remaining conscious of the impact of the stress on one’s own life is critical.

The difficulty in understanding and applying Section 5/513(a)(1) of the IMDMA By Marc K. Schwartz & Staci Balbirer June 2013 When attempting to calculate support for a disabled child, looking for guidance under the statute will leave you asking questions. This article will simplify how to calculate support and the options available to your client.

Domestic relations lawyers go to probate court By Hon. Timothy J. McJoynt May 2013 As a result of the recent case of In Re the Marriage of Karbin, domestic relations attorneys should become well-versed in probate law.

The effect of In re: the Marriage of Earlywine on Section 5/501(c-1) of the Illinois Marriage and Dissolution of Marriage Act and the practice of divorce law By Heather Hurst April 2013 The Supreme Court’s ruling in In Re: the Marriage of Earlywine has the potential to set an important precedent.

1 comment (Most recent April 25, 2013)

Evolving standards on standing to child care By Jeffrey A. Parness March 2013 This spring, the Illinois General Assembly may consider significant amendments to both the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act.

1 comment (Most recent March 9, 2013)

Family law professionals welcome new collegial forum By Linda Sheehan December 2013 The Illinois chapter of the Association of Family and Conciliation Courts is an interdisciplinary, international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.

Guardian Ad Litem or Child Representative? Why lawyers and judges need to be more deliberate about designating role of attorneys representing children By Matthew A. Kirsh October 2013 Attention to the designation of child representative or guardian ad litem can make a big difference in the quality of representation you are able to provide in a case.

Illinois Supreme Court puts burden on unmarried fathers to prove visitation is in their child’s best interest By Julie Pirtle August 2013 The recent Illinois Supreme Court case of In Parentage of J.W. is changing the way family law attorneys look at visitation in a paternity action.

Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff December 2013 Read more about this important program and sign up to become a mentor today!

Orders of protection—The most “abused” area of the law? By Jon J. Racklin January 2013 The author offers some thoughts on ways to protect the abused while minimizing the abuse of the legal system.

1 comment (Most recent January 16, 2013)

Pet provisions in marital settlement agreements By Angela Peters November 2013 A helpful guide to drafting pet agreements.

1 comment (Most recent November 27, 2013)

Relatives by choice: The Illinois Supreme Court’s decision recognizing equitable adoption By Ayla N. Ellison June 2013 If an adoption has not been formally judicially completed there are several legal processes that can be used for an adoption to still be legally recognized.

The road less traveled: Using Illinois courts as a vehicle to award unallocated maintenance & child support By Leon I. Finkel & Danielle E. Ahlzadeh April 2013 Illinois courts have both the discretion and the power to award unallocated maintenance and child support to divorcing couples.

1 comment (Most recent April 25, 2013)

Stan “The Man” Musial—A role model for lawyers By Treva H. O’Neill February 2013 It seems that Stan the Man is not only a role model for baseball players but an ideal role model for our profession as well.

Standing in the way of the modern evolving family By Nanette A. McCarthy & Bridget M. Storrs February 2013 A discussion of recent cases that have forced the appellate courts to consider who can claim parental rights in less-than-traditional circumstances.