2015 Articles

Advance preparation helps minimize future risks to business owners in a divorce By Michele M. Jochner November 2015 If a spouse acquires a business interest during the marriage, that interest will likely be characterized as a marital asset subject to equitable distribution at the time of the dissolution. If proper planning has not occurred, this turn of events can have a disastrous impact on all of the shareholders or partners, not limited only to the person getting a divorce.

The art of mentoring By Marilyn Longwell & Aurelija Juska February 2015 Tips and advice for newer attorneys.

Chair column By Matthew A. Kirsh December 2015 A message from Section Chair Matt Kirsh.

1 comment (Most recent December 12, 2015)

Chair column By Matthew A. Kirsh November 2015 A message from Section Chair Matt Kirsh.

Chair column By Matthew A. Kirsh October 2015 A message from Chair Matt Kirsh.

1 comment (Most recent October 12, 2015)

Chair column By Matthew A. Kirsh September 2015 A message from Section Chair Matt Kirsh.

2 comments (Most recent September 11, 2015)

Chair’s column By Matthew A. Kirsh August 2015 A message from Family Law Section Chair Matt Kirsh.

Chair’s column By Matthew A. Kirsh July 2015 A message from incoming Section Chair Matt Kirsh.

Chair’s column By Kelli E. Gordon June 2015 The final column of the year from Chair Kelli Gordon.

Chair’s column By Kelli E. Gordon May 2015 A message from Section Chair Kelli Gordon.

2 comments (Most recent May 9, 2015)

Chair’s column By Kelli E. Gordon April 2015 A message from Section Chair Kelli Gordon.

Chair’s column By Kelli E. Gordon March 2015 A message from Section Chair Kelli Gordon.

Chair’s column By Kelli E. Gordon February 2015 A message from Section Chair Kelli Gordon.

Child support in parentage cases: Does In re Marriage of Turk apply? By Sean McCumber September 2015 Since the statutory language in the Parentage Act contains very specific and different provisions than the IMDMA, any Turk-like changes to support obligations in parentage cases must come from the General Assembly, not the Courts.

4 comments (Most recent September 11, 2015)

Dividing railroad retirement benefits in divorce By Lisa M. Nyuli August 2015 A look at the recent case of IRMO L. Bruce Frank and Shirley A. Frank.

Eavesdropping in Illinois: An update By Matthew A. Kirsh January 2015 A summary of the revisions to the Eavesdropping Statute contained in the new Illinois Eavesdropping Act as they pertain to family law.

Editor’s correction By Rory Weiler December 2015 Two corrections to an article published in the November 2015 issue.

“Enforcement” of a party’s obligation to pay secondary education expenses is not subject to Petersen’s limitation on retroactive reimbursement By Michele M. Jochner July 2015 The Illinois Appellate Court has recently issued an important decision which clarifies the rule established in In re Marriage of Petersen.

Guard and Reserve pensions on the day of divorce: Part one By Mark E. Sullivan May 2015 Answers to the most common questions regarding the pensions of National Guard and Reserve members.

Guard and Reserve pensions on the day of divorce: Part two By Mark E. Sullivan June 2015 The second part of this look at the most common questions and answers regarding the pensions of National Guard and Reserve members.

1 comment (Most recent June 6, 2015)

Hidden money in military divorce cases By Mark E. Sullivan April 2015 Questions and answers for those dealing in military divorces.

The Illinois Supreme Court bars a non-parent from raising the “equitable adoption” and “functional parent” theories to seek custody of a child By Michele M. Jochner April 2015 The Illinois Supreme Court has delivered its long-awaited answer to a question which has been debated in the family law community for some time: Does the doctrine of “equitable adoption”—first recognized by our Supreme Court in its 2013 decision in DeHart v. DeHart—also apply in the context of child custody actions?

In Re Marriage Of Perez: The perils of joint custody revisited By Arnold F. Blockman June 2015 The bottom line from a reading of the Perez opinion is that just because a certain decision is not an abuse of discretion does not mean that it is a right decision or that the decision is in the best interest of the minor child.

The legal and ethical conundrum of child support in multi-partnered families By Hon. Pamela E. Loza & Margaret A. Bennett January 2015 Child support obligations are a reality in that nearly half of all marriages end in divorce; two-thirds of women and three-fourths of men remarry; and many start second families. Applying guidelines to calculate child support obligations in these scenarios presents complex challenges.

Mediating inter-cultural marital disputes By Diana Matesevic February 2015 In order for the mediator to helpfully guide a couple through a marital conflict, he or she will need to gain an understanding of how culture and conflict are intertwined.

Recent Illinois cases regarding income and child support By Emily A. Aleisa & Timothy J. McJoynt October 2015 A look at the recent Illinois decisions that offer guidance on calculating income and modifying child child support obligations.

Retroactive child support: How far back can you go? By Jon J. Racklin March 2015 The author analyzes the issue of retroactive child support as it pertains to pre-judgment dissolution of marriage cases, pre-judgment parentage cases, and the modification of existing orders in both types of cases.

Supreme Court Rule 304(a): Does including the language of the rule in an order make it appealable? By Lisa M. Giese, Lindsay Michelle Jurgensen, & Jane E. Nagle February 2015 What effect does the inclusion of Rule 304(a) language have on the ability to appeal a court's order for evaluation of a party's fitness as a parent for custody and visitation purposes?

A tale of two communities: Bringing pro bono collaborative law to Illinois National Guard veterans By Sandra Crawford December 2015 The Collaborative Law Institute of Illinois and the Health & Disability Advocates of Warrior to Warrior have rolled out a pro bono program to bring the Collaborative Practice model of divorce dispute resolution to Illinois Army National Guard Veterans and their families.

Taxes and military pensions: The long and short of it By Mark E. Sullivan August 2015 Author Mark Sullivan provides another installment in his discussion of the intricacies of military divorces.