Category Archives: Recent Cases & Law

The Possible Impact to Employee Benefits Under the Proposed “Tax Cuts and Jobs Act”

This article was co-authored by Patrick T. Ryan and Anne Prenner Schmidt In many cases, Employee Benefit plans represent the most valuable asset accumulated during the marriage. Dividing these funds in the event of a divorce can be a complex process and often have serious tax implications. The GOP proposed tax legislation the “Tax Cuts […]

New Tax Legislation

Yesterday, the GOP unveiled their proposed tax legislation, the “Tax Cuts and Jobs Act.” While this is just the initial proposal, as soon as next week, the House Ways and Means Committee (the principal tax writing committee of the House) will begin to propose changes and modifications, before sending it to the floor for a […]

Same Sex Marriage and the Possible Correlation with Decreases in Teen Suicide Rates

In 2015, Obergefell v. Hodges held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. Obergefell provides a date in which same-sex married couples residing in states that had not previously allowed same-sex marriage […]

Blumenthal v Brewer: What Can Go Wrong If Couples Do Not Marry

Women and men who do not marry each other, even in decades-long relationships, have no right to maintenance (formerly called alimony) if the relationship ends.  These unmarried women and men also have no right to their former partner’s property, such as a profitable business and retirement benefits, even if they contributed time and money to […]

Private Conversations Protected Under New Illinois Eavesdropping Law

On December 30, 2014, Gov. Quinn approved new rules regarding how private conversations can be recorded following the Illinois Supreme Court’s decisions this past March in People v. Clark, 2014 IL 115776 and in People v. Melongo, 2014 IL 114852, which struck down Illinois’ prior eavesdropping law for being overly-broad. Illinois’ previous eavesdropping law was […]

A Major Blow to Obamacare? Depends on who you ask

In an odd twist, just hours apart, two Federal Appellate Courts came out with different answers to the same questions, regarding a provision of the Patient Protection and Affordable Care Act, (also known as the “ACA” or “Obamacare”). The two Courts addressed the issue of whether or not the IRS could offer tax credits to individuals […]

Eavesdropping in Illinois No Longer a Crime? That is Correct, For the Time Being.

The Illinois Supreme Court just unanimously ruled the Illinois eavesdropping law unconstitutional. The law made it illegal to record any person, whether in public or private, unless they consented. Typically, the law was applied against citizens recording governmental officials; however, the issue of eavesdropping rears its head in divorce cases where frequently spouses investigate and […]

The Income Conundrum: What is and is not Income for Child Support Purposes?

Over the last several months, the Illinois Appellate Court has had numerous opportunities to opine on what constitutes income for purposes of calculating child support under the Illinois guidelines. Under certain circumstances, retirement benefits, social security benefits, stock options sales proceeds, and loan proceeds have all been declared to be includable in the calculation for […]

The United States Supreme Court Grants Utah’s Application for Stay, Thereby Halting Same-Sex Marriages in that State

On January 6th, we reported on the pending application for a stay filed with the United States Supreme Court by the State of Utah, requesting that the High Court halt the enforcement of a December 20th ruling issued by U.S. District Judge Robert Shelby which invalidated Utah’s ban on same-sex marriage on the grounds it […]

Utah Petitions the United States Supreme Court to Stay Gay Marriages After a Federal Court Strikes Down its Ban as Unconstitutional

The recently-concluded holiday season found parties on both sides of the marriage equality debate embroiled in what may prove to be the next matter decided by the United States Supreme Court on this issue. A decade ago, in 2004, two-thirds of Utah’s voters approved a ban on same-sex marriages, defining “marriage” as occurring only between […]