Published in Chicago Lawyer Magazine, August 2018
By Daniel Stefani
The Fourth District Appellate Court rendered a recent Opinion of In Re Marriage of Plowman v. Lawson (2018 IL App.4th 170665). In Plowman, the trial court set a child support order using a small portion of a personal-injury settlement as income available for child support. The portion of the settlement was only the amount attributable to lost earnings. The appellate court reversed and on remand directed the trial court to consider the entirety of the net proceeds from the payee’s personal-injury settlement as income for child support purposes. This opinion furthers the inconsistency between the appellate court districts in Illinois as to the portion of any lawsuit settlement that can be considered income for child support purposes.
Published in Chicago Lawyer on February 1, 2018 by Daniel R. Stefani
On November 30, 2017, the Illinois Supreme Court issued the opinion of In re the Marriage of Christine Goesel and Andrew Goesel, 2017 IL 122046. The Court held that attorney fees earned by a party’s lawyer in the normal course of representation for past services rendered are not “available funds” to be disgorged and paid to the opposing parties’ attorney within the meaning of Section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (“the Act”).