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Category Archives: Recent Cases & Law
First Divorce Filing For Same Sex Couple in Illinois
As of June 1, 2011, same-sex couples are permitted to apply for civil union licenses under the new Civil Union Act. On the same historic date, another same-sex couple was filing for a divorce. On Wednesday, June 1st, Mark Bayer … Continue reading
Confidentiality of Custody Evaluations
Cases involving the custody of children are undoubtedly the most difficult cases for family law judges. Instead of dealing with objective numbers—calculating the value of a marital or non-marital estate by reviewing bank and brokerage account records, tax returns, applications … Continue reading
Posted in Child Custody & Visitation, Divorce, Recent Cases & Law
Tagged Appellate Decision, Chicago Divorce, Chicago Divorce Attorney, Child Custody, Children, Custody Evaluator, Divorce, DuPage Divorce Attorney, Family Law Psychologist, Illinois Divorce, Illinois Family Law, Illinois Supreme Court, Lake Forest Divorce Attorney, Schiller DuCanto & Fleck, Wheaton Divorce Attorney
What You Need to Know About Civil Unions in Illinois
On January 31, 2011, Governor Pat Quinn signed into law the Illinois Religious Freedom Protection and Civil Union Act, thereby making Illinois the 18th U.S. jurisdiction to pass legislation establishing a legal basis for some form of same-sex family relationships. … Continue reading
Posted in Civil Unions / Gay Marriage, Recent Cases & Law
Tagged Gay Marriage, Governor Pat Quinn, Illinois Civil Unions, Illinois Domestic Partnerships, Illinois Family Law, Illinois Religious Freedom Protection and Civil Union Act, New Law on Gay Partnerships, Same-Sex Marriage, Schiller DuCanto & Fleck
Flash Point: Mandatory Interest on Unpaid Child Support Payments Effective May 1, 1987
The Illinois Supreme Court recently held that mandatory interest on child support payments became effective as of May 1, 1987. The support obligor father had been largely delinquent in payments from 1992 through 2005. He conceded that mandatory interest accrued … Continue reading
Posted in Child Support, Divorce, Recent Cases & Law
Tagged Back Child Support, Chicago Divorce, Chicago Divorce Attorney, Child Support, DuPage Divorce Attorney, IICLE Family Law Flash Points, Illinois Divorce, Illinois Family Law, Lake Forest Divorce Attorney, Unpaid Child Support, Wheaton Divorce Attorney
Flash Point: Court Should have Reevaluated Retirement Account when Entering QDRO
In a second appeal, the husband challenged the trial court’s finding after remand that would cause him to bear the majority of a retirement account’s loss when entering a QDRO. In its original judgment for dissolution of marriage in 2007, … Continue reading
Posted in Divorce, Recent Cases & Law, Retirement Benefits
Tagged 401(k), Chicago Divorce, Divorce, Divorce Attorney, DuPage Divorce Attorney, Illinois Divorce, Illinois Family Law, IRA, Marital Property, Pension, Property, QDRO, Qualified Domestic Relations Order, Retirement Benefits, Retirement Funds, Schiller DuCanto & Fleck
Flash Point: Child’s Receipt of Dependent Social Security Benefits did not Entitle Father to a Setoff Against Medical Support Arrearage
A father who became permanently and completely disabled after a car accident challenged the trial court’s ruling that the child’s receipt of a lump sum payment of approximately $13,000 as retroactive social security dependant payment should offset $3,967 that he … Continue reading
Posted in Child Support, Health Benefits, Recent Cases & Law
Tagged Chicago Divorce, Chicago Divorce Attorney, Child Support, Divorce, IICLE Family Law Flash Points, Illinois Divorce, Illinois Family Law, Lake Forest Divorce Attorney, Schiller DuCanto & Fleck, Social Security Dependant Payment, Wheaton Divorce Attorney
Unique Jurisdictional Issues in Multi-State Child Support Modification Cases
In a case of first impression, the Illinois Appellate Court has now decided where a child support modification case must proceed when the parents live in different states. The increasing mobility of our society often creates jurisdictional contests when one … Continue reading
Posted in Child Support, Divorce, Recent Cases & Law
Tagged Appellate Court, Chicago Divorce, Chicago Divorce Attorney, Chicago Divorce Attorneys, Child Support, Child Support Modification, Children, Divorce, Divorce Attorney, DuPage Divorce Attorney, Illinois Appellate Court, Illinois Divorce, Illinois Family Law, Lake Forest Divorce Attorney, Schiller DuCanto & Fleck, UIFSA, Uniform Interstate Family Support Act, Wheaton Divorce Attorney
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Recent Appellate Court Ruling Clarifies Residency Requirements for International Custody Disputes
It is not uncommon for one or both parents to move from the state or country where their divorce judgment was originally entered. But what happens when parents maintain homes in both the United States and a foreign country? What … Continue reading
Posted in Child Custody & Visitation, Divorce, International, Recent Cases & Law
Tagged Chicago Divorce, Chicago Divorce Attorney, Chicago Divorce Attorneys, Child Custody, Children, Divorce, Divorce Attorney, DuPage Divorce Attorney, Illinois Divorce, Illinois Family Law, India Court, International Custody Disputes, Lake Forest Divorce Attorney, Schiller DuCanto & Fleck, UCCJEA, Uniform Child Custody Jurisdiction and Enforcement Act, Wheaton Divorce Attorney
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Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses
The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had … Continue reading
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