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

Posted in Civil Unions / Gay Marriage, Divorce, In the News, Recent Cases & Law Tagged , , , , , , , |

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 , , , , , , , , , , , , , , |

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 , , , , , , , , |

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 , , , , , , , , , , |

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 , , , , , , , , , , , , , , , |

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 , , , , , , , , , , |

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 , , , , , , , , , , , , , , , , , | 2 Comments

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 , , , , , , , , , , , , , , , , | 1 Comment

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

Posted in Alimony/Maintenance, Child Support, College Expenses, Recent Cases & Law, Retirement Benefits Tagged , , , , , , , , , |