2017 Articles

3 most common types of exhibits in Order of Protection cases and how to get them admitted By Sally K. Kolb October 2017 The three types of exhibits are photographs of injuries or property damage, social media posts, and text messages. Most are relatively simple to admit into evidence and this article is designed to give a primer on how to do so.

750 ILCS 5/602.9 is facially unconstitutional By Lane Harvey September 2017 Author Lane Harvey argues that, given the current statute, there's no circumstance in which a non-parent can ever meet the compelling state interest test or that the court may substitute its judgment as to the reasonableness of a fit parent’s decision regarding the persons with whom his or her child may associate.

Chairman’s column By Lane Harvey June 2017 The final column from Family Law Section Chair Lane Harvey.

1 comment (Most recent June 13, 2017)

Chair’s column By Tamika Walker December 2017 A message from Family Law Section Chair Tamika Walker.

Chair’s column By Tamika Walker November 2017 A message from Family Law Section Chair Tamika Walker.

Chair’s column By Tamika Walker August 2017 A message from Family Law Section Chair Tamika Walker.

2 comments (Most recent August 21, 2017)

Chair’s column: Amendment to Section 504 of the IMDMA By Lane Harvey May 2017 Family Law Section Chair Lane Harvey discusses the amendments drafted and proposed by the Section's Maintenance and Child Support Committee.

Chair’s column: Be kind, rewind By Tamika Walker October 2017 Family law is emotional. It is draining. And it is hard work. Regardless of the challenges of family law, we have a responsibility to be civil to one another.

Chair’s column: Keep it simple April 2017 A look at the procedural tools available within the Code of Civil Procedure and Supreme Court Rules that allow us to simplify trial.

Chair’s column: Pride in section accomplishments By Lane Harvey March 2017 A message from Family Law Section Chair Lane Harvey.

Chair’s column: Take a break By Tamika Walker September 2017 A message from Family Law Section Chair Tamika Walker.

1 comment (Most recent September 14, 2017)

Chair’s column: The conundrum of client relations in family law By Lane Harvey February 2017 In order to do our jobs in compliance with, inter alia, the obligations imposed by Rule 2.1 of the Rules of Professional Conduct, we must often take positions with our client which may be opposed to their immediate desires but which may serve their long-term interests.

Changes to the maintenance statute and case law in Illinois By Stephanie L. Tang October 2017 A summary of the forthcoming changes to 750 ILCS 5/504 and a look at recent case law to provide an overview of considerations that practitioners, judges, and litigants should take into account in arguing maintenance cases moving forward.

Computation of basic child support obligation By Margaret Bennett May 2017 A look at how the new income shares legislation will impact child support calculations.

Defining net income under an income shares model By Paula E. Pitrak August 2017 New formulas have been created to compute net income, and certain deductions are no longer permitted—altering the amount of income to be considered when calculating child support.

Dissipation: Thinking outside the box By Arnold F. Blockman June 2017 Let’s think outside the box and consider a number of areas where dissipation claims have been successfully asserted beyond the commonly accepted situations.

Divorcing a narcissist By James M. Quigley & Jordan D. Rosenberg April 2017 With greater knowledge into the mind of a narcissistic personality, you will have a better chance of mitigating the stress caused by irrational and abusive behavior.

Does our rule for publication violate due process? By Hon. Andrea M. Schleifer & Ashley Stead August 2017 In the current world of shrinking print media, it is not likely that an average respondent would learn about a case from a publication. Isn’t it time to modify the rule allowing for publication?

Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.

Domestic Relations Division consolidation By Hon. Grace G. Dickler & Catherine Ryan March 2017 The merger of the Dissolution and Parentage Court is arguably the most substantial procedural change to take place in the history of the Domestic Relations Division at the Daley Center.

Five traits of a successful family law attorney By Umberto S. Davi & Marie K. Sarantakis April 2017 The following traits have been found to be especially helpful to attorneys who deal with sensitive and emotionally-laden matters such as divorce and child custody.

2 comments (Most recent April 19, 2017)

“Get a job, honey”—Imputing income to maintenance recipients By Marilyn Longwell & Anne Mueller December 2017 Imputation of income in cases of voluntary unemployment or underemployment by able-bodied maintenance recipients is becoming a common tool in both child support and maintenance cases to attempt to achieve equity between the payor and payee.

Guiding clients through the battle: Answering questions that keep divorcing couples up at night By Heather Locus February 2017 By considering your client's foremost concerns, you'll be more compassionate and you may be able to better help them navigate their new reality.

Hot topics in family law! By Hon. Jeanne M. Reynolds & Hon. Rodney Equi June 2017 What family law issues are on the horizon?

1 comment (Most recent June 17, 2017)

It’s a modern world By Howard Feldman December 2017 In Epstein v. Epstein,, the Seventh Circuit Court of Appeals reversed the United States District Court dismissal of telephone interceptions by finding that the wife’s interceptions of the husband’s email violated the Federal Wiretap and Electronic Surveillance Act.

Motions in non-jury cases for judgment at the close of the plaintiff’s evidence By Sarah J. Taylor March 2017 If successful, such a motion can be tremendously beneficial to a defendant in terms of reducing the expense, time-consumption, stress and risk of putting on a defense to the plaintiff’s allegations.

1 comment (Most recent March 16, 2017)

New income shares guidelines: Benefit or detriment to your client? By Stephanie Capps July 2017 As of July 1, 2017, the income shares guidelines have taken effect replacing the percentage guidelines for child support in Illinois.

New statutes, new clients, new work By Kevin H. Saville April 2017 As domestic relations counsel we have to assist past, present and potential clients as new statutory changes reflect the changing society for families of all types in Illinois.

Postnuptial agreements: An effective tool in Illinois after marriage By Joshua S. Singewald & Kellie Rose Bylica September 2017 Tips and considerations when drafting a prenuptial agreement in Illinois.

Stock options & restricted stock in divorce cases By Lisa Nyuli September 2017 An overview of important issues when a party has stock options.