Tag Archives: Illinois Family Law

The History of the Guardian Ad Litem

Years ago, courts primarily used a Guardian Ad Litem (“GAL”) in adoption and paternity cases.  The significance and importance of a GAL was espoused by the Illinois Appellate Court in Pavia v. Marshall.  In 1991, Mr. Pavia filed a petition for non-paternity against Ms. Marshall regarding her daughter.  Although she was properly served, Ms. Marshall […]

Predicting the Court’s Decisions

The longer I practice and live through changes in the law, the more I see how hard it is for clients and former clients to predict how the Courts will treat issues that come up after divorce.  While some of the effects of changes in law cannot be avoided – like changes in child support […]

Hard Cases Make Bad Law: Recent Trends in College Education Decisions

I recently read an article on the differences in how Illinois appellate courts are split on whether or not a child of divorce has “standing” (legal term for the right to be in court asking for something) to enforce the college education provisions in his or her parents’ divorce decree.  What does this mean in […]

Attorney Assisted Mediation: An Alternative to High Cost/High Conflict Divorce

As mediation continues to build momentum as a viable, and often less costly, form of dispute resolution, so has the role of your attorney in the mediation process.  Mediation is a form of alternative dispute resolution in which spouses meet with a qualified neutral professional, usually and preferably an experienced divorce attorney, to discuss their […]

The Gray Divorce Revolution

The graying of America is moving full speed ahead.  It is estimated that 10,000 people are turning 65 every day —a trend that will continue for the next 20 years. By 2030, almost one out of every five Americans—some 72 million people—will be 65 years or older. By 2050, the 65+ population is projected to […]

How Do Courts Calculate Child Support When a Parent is Unemployed or Underemployed?

Every parent has a legal and moral obligation to financially support his or her child.  When parties divorce, the court will usually require the noncustodial parent to pay a percentage of his or her net income as child support.   What happens, though, when the noncustodial parent’s net income is difficult to calculate or fluctuates from […]

How to Plan for College Expenses Post-Divorce

Paying for a child’s college education is a significant financial issue in any family, but with divorcing or divorced families, it can be especially tricky.  Often times, if parents divorce when their children are young, the marital settlement agreement does not specify each parent’s obligation because that event is many years down the road.  Therefore, […]

The Multi-Disciplinary Nature of Family Law: Expecting the Unexpected

When people ask why I chose family law, I tell them that it’s one of the few areas of law where one not only deals at close range with clients, but one that touches on a plethora of areas of the law.  After over 20 years in practice, it has become obvious that the multi-disciplinary […]

The Illinois Supreme Court Allows Guardians to File Petitions for Dissolution of Marriage on Behalf of Wards in Karbin v. Karbin

The population of the United States is getting older.  The most recent census, conducted in 2010, revealed not only that there are now more Americans age 65 and above than at any other time in U.S. history, but also that this age group grew at a faster pace during the prior decade than the total […]

A Fresh Start in the New Year

Typically, each new year brings a sense of anticipation and a fresh start. However, it may not feel this way for those going through or contemplating a divorce. In fact, the new year may create uneasy feelings and a concern about the future. Planning and forward thinking can make the process easier, reducing anxiety, stress, […]