2014 Articles

Bankruptcy, divorce and judicial estoppel By James Hanauer August 2014 What should you do when a spouse files a petition for bankruptcy during a divorce proceeding?

Beware of drafting a division of a retirement plan in a Marital Settlement Agreement where there is a disability pension and a retirement pension component By Anne M. Martinkus May 2014 The opinion in In Re Marriage of Carter v. Carter serves to remind us all of the importance of specificity and clarity in our drafting of Marital Settlement Agreements, and particularly in the complicated area of pension and retirement benefits.

Chair’s column By Kelli E. Gordon December 2014 A message from Section Chair Kelli Gordon.

1 comment (Most recent December 17, 2014)

Chair’s column By Kelli E. Gordon November 2014 A message from Family Law Section Chair Kelli Gordon.

Chair’s column By Kelli E. Gordon October 2014 A message from Family Law Section Chair Kelli Gordon.

Chair’s column By Kelli E. Gordon September 2014 Section Chair Kelli Gordon discusses SB3231, which just became law in August, and its impact on maintenance awards.

1 comment (Most recent September 18, 2014)

Chair’s column By Kelli E. Gordon August 2014 An update on the rewrite of the Illinois Marriage & Dissolution of Marriage Act.

Chair’s column By Kelli E. Gordon July 2014 A message from Family Law Section Chair Kelli Gordon.

Chair’s column By Pamela J. Kuzniar June 2014 The final column from Outgoing Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar May 2014 A message from Family Law Section Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar April 2014 A message from Section Chair Pam Kuzniar.

Chair’s column By Pamela J. Kuzniar March 2014 A message from Section Chair Pam Kuzniar.

Chair’s column By Pamela J. Kuzniar February 2014 A message from Section Chair Pamela Kuzniar.

Chair’s column By Pamela J. Kuzniar January 2014 A message from Family Law Section Chair Pam Kuzniar.

Child custody evaluators By Grace G. Dickler & Michael Levy September 2014 A look at three standards that have been implemented around the country as an attempt to homogenize custody evaluations and to increase their accuracy and utility.

Child support—It should be about dollars and sense By Jon J. Racklin February 2014 The author shares his thoughts on child support.

Co-owner or creditor? That is the question when dividing a marital public pension By Hon. Mark J. Lopez August 2014 The Circuit Court of Cook County - Domestic Relations Division recently determined in a post-decree order that members of a public pension can be ordered to execute a consent to QILDRO.

Defending against SBP in divorce By Mark E. Sullivan November 2014 Strategies to prevent a soon-to-be-former spouse from getting coverage under a servicemember's Survivor Benefit Plan.

Dividing CRSS/FERS, TSP and military retirements By Kelli E. Gordon April 2014 Your soon-to-be-divorced client walks in and informs you that their spouse is in the military and they want a portion of their retirement. Now what?

Family law in legal aid By Sally K. Kolb February 2014 Learn more about the pro bono opportunities available with the Land of Lincoln Legal Assistance Foundation, Inc.

How a bill becomes a law—ISBA style By Lisa M. Nyuli August 2014 Ever wonder what ISBA's role is in Illinois' legislative process?

1 comment (Most recent August 13, 2014)

Illinois Eavesdropping Statute declared unconstitutional on First Amendment grounds By Matthew A. Kirsh May 2014 In the wake of the People v. Clark case, the Illinois Legislature will have to amend the Eavesdropping Statute. All practitioners of family law should keep an eye out for the amended statute and be familiar with its contents.

1 comment (Most recent May 15, 2014)

In re Marriage of Iqbal and Khan: A reminder not to overplay your hand in drafting postnuptial agreements By Patrick B. Hurley December 2014 The author, who represented Iqbal, discusses the case.

In re Marriage of Mancine v. Gansner, In re the Parentage of Scarlett Z.-D. and the status of “equitable parents” and “equitable adoption” in Illinois By Heather M. Hurst July 2014 Two new cases have recently been issued from the Illinois Appellate Courts addressing the doctrines of “Equitable Parents” and “Equitable Adoption.”

Income for child support By William J. Scott March 2014 The author makes his case for a more well-thought-out method for calculating child support.

ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA Family Law Section know what sets you apart and can find you easily by activating your member directory profile today.

Last-minute order of protection? What do you do? By Sally K. Kolb October 2014 Late in the day a potential client calls your office for representation for an Order of Protection hearing that is, inevitably, coming up very, very soon. What do you do? What are your options?

Levy honored, honors practice May 2014 Section Council Member David Levy was honored by the Illinois Chapter of the American Academy of Matrimonial Lawyers at their annual Gala event held on May 3, 2014. Read his words of wisdom here.

1 comment (Most recent May 9, 2014)

Movie review: “Divorce Corp” By Hon. Jeanne M. Reynolds January 2014 Section Council member Judge Jeanne Reynolds gives her opinion of the documentary film.

1 comment (Most recent April 28, 2014)

New spousal support guidelines for divorcing couples in Illinois By David H. Hopkins October 2014 Even when facts and circumstances are remarkably similar, maintenance awards have varied widely and unpredictably. Recognizing this, in 2009 the Illinois State Bar Association’s Family Law Section Council began intensively analyzing the various issues.