Family Law

Here's a recent case interpreting

Posted on June 14, 2008
Here's a recent case interpreting the Illinois Parentage Act touching on what happens when a Voluntary Acknowledgment of Paternity has been signed by two parents and later on one of them thinks it's a mistake...i.e. one of them claims usually the alleged father is not the father...

What is a "family or household

Posted on March 19, 2008
What is a "family or household member" under the IL Domestic Violence Act? Well, the statute says..."Family or household members" include spouses, former spouses, parents, children, stepchildren and , persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12?21 of the Criminal Code of 1961...

A NY Judge has ruled that a "friend

Posted on February 21, 2008
A NY Judge has ruled that a "friend request" on MySpace constituted a violation of a Temporary Order of Protection. I would think that under the IL Domestic Violence Act a judge could find that such a request is "harassment" and thus a violation of an OP.

Thanks Dad, but I'm still going

Posted on February 06, 2008
Thanks Dad, but I'm still going after my ex-husband...that's what happened here: In re Marriage of Hopwood, No. 5-06-0660). As part of dissolution of marriage judgment, the former husband was required to pay-off a $28k loan of the parties. That loan had been guaranteed by the former wife's father...

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Ah...I love a good settlement in

Posted on January 26, 2008
Ah...I love a good settlement in the domestic relations field. It looks like Brian Urlacher and the mother of one of his kids have gotten things resolved w/o further court intervention. Pick-up/Drop-off disputes, unpaid medical expenses and child support...

I wonder if I could be the general

Posted on January 23, 2008
I wonder if I could be the general counsel for the Chicago Bears regarding all domestic relations matters? I'd be doing great between Urlacher, Briggs and now, the Sackman, good old #95 Richard Dent...Here's the article.And look at that the case is in courtroom 1403 over at 32 W...

10 Tips about reverse mortgage

Posted on January 14, 2008
10 Tips about reverse mortgages.

Saw this piece about two daughters

Posted on January 10, 2008
Saw this piece about two daughters who've been criminally charged for neglecting their ailing mother who subsequently died. Here's a nugget from the article:Mary Virginia Barry, 84, weighed only 70 pounds when paramedics found her in April in a cluttered bedroom, lying on soiled sheets with ants crawling on her, in the Geneva house she shared with two daughters...

Is it alimony/maintenance?? Important

Posted on January 09, 2008
Is it alimony/maintenance?? Important question...if it's alimony then that money is tax deductible by the payor and it's treated as income for the recipient. I.e...big tax consequences. If alimony is part of a divorce judgment it has to be clearly defined as such:--Must be paid pursuant to a divorce or separation agreement;--Parties must live in separate households;--Payments must be designated to end when the recipient dies;A recent case dealt with the big question above (Proctor v...

Former rock star Britney Spears'

Posted on January 05, 2008
Former rock star Britney Spears' child custody problems continued. Her former husband was granted sole custody and her visitation rights were suspended.

Another Chicago Bear with child

Posted on December 18, 2007
Another Chicago Bear with child custody/support issues. Briggs and Urlacher have something to talk about.

Some good elder care resources

Posted on December 10, 2007
Some good elder care resources are listed in this article.

A couple of interesting family

Posted on December 05, 2007
A couple of interesting family law cases that have been recently reported:First was Schroeder v. Winyard regarding an Alienation of Affections suit. This sort of suit is where a former spouse sues a person for tempting her/his former spouse to have an affair and if successful is awarded monetary damages...

Here's an interesting overview

Posted on December 03, 2007
Here's an interesting overview of long-term care insurance.

A little tip for the holiday season:Send

Posted on December 01, 2007
A little tip for the holiday season:Send your clients to an experienced mediator in November if you anticipate problems with holiday schedules. Give your clients sample holiday schedules to get them thinking about where they fail so they can succeed independent of a legal proceeding.

Another open enrollment period

Posted on November 20, 2007
Another open enrollment period for Medicare Part D has begun:If you are a Medicare beneficiary, it is time to review your Medicare prescription drug plan options. The Medicare Part D open enrollment period began Thursday, November 15, 2007 and ends December 31, 2007...

My letter to the editor concerning

Posted on November 09, 2007
My letter to the editor concerning the Trib. November 5, 2007 lead editorial:What a disappointing position from the Tribune...essentially, because adultery is not uncommon our public policy should therefore not discourage it.An important purpose of our civil litigation system, and specifically tort cases (such as alienation of affections), is to discourage certain types of behavior...

Another useful holding recently

Posted on November 06, 2007
Another useful holding recently was in Crank v. Crank. The case essentially deals with the issue of whether there are limits on how much a court can order to be paid toward past due child support or maintenance arrearages. The court said that a court must look to the Income Withholding for Support Act (750 ILCS 28/1) which caps payments at 50/60 percent of a person's disposable income depending on whether the support is current or past due.