Latest News and Publications
Firm Updates and Articles
How Much Information Do You Share With Your Spouse?
Published in Chicago Lawyer Magazine, August 2016
by Daniel R. Stefani
Hot off the press is the case of In re Marriage of Schneeweis, 2016 IL App (2d) 140147. There the Appellate Court affirmed the Trial Court’s ruling that husband dissipated much of the marital estate by using marital funds to engage in high-risk securities trading, without telling his wife any details. However, this occurred several years before wife ultimately filed for divorce. This decision could cause many litigants problems, given the fact that most married couples, even while happily married, do not fully communicate with respect to their finances.
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Read MoreWhat is Income to Pay Child Support?
Published in Chicago Lawyer Magazine, June 2016
by Daniel R. Stefani
The days when income to pay child support meant employment income are long gone. The Fifth District Appellate Court recently decided a case, which further expanded the definition leaving virtually nothing that is outside the Court’s reach to tap for child support. In re The Marriage of Fortner, 2016 IL App (5th) 150246. Specifically, the Appellate Court found that wrongful death settlement proceeds received by an ex-husband following the death of the ex-husband’s father constituted income for child support purposes in a post-decree modification of child support proceeding.
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The Illinois Marriage and Dissolution of Marriage Act Effective January 1, 2016: An Overview
By P. André Katz and Erin B. Bodendorfer Katz & Stefani, LLC
Society and family dynamics have changed dramatically in the past 35 years. Three decades ago, it was still typically the mother’s primary role to care for the children, while the father provided financial support. Pursuant to societal norms, marriage was seen as a contract that should not be broken, and if either spouse or a third party caused a breakup, they could be held responsible in a court of law. Today, in many, if not most families, both parents are employed outside the home, and both share the financial and emotional responsibilities of parenting.
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Summary Of Certain Nuances In The New Divorce Act
Published in Chicago Lawyer Magazine, December 2015
by Daniel R. Stefani
As a follow up to my colleague Judge Celia Gamrath’s last article, below is a summary of certain changes in the new Divorce Act (“Act”) which will take effect on January 1, 2016. This Act is a product of the hard work of the Illinois Family Law Study Committee which was created in 2008. The Illinois Family Law Study Committee was a bi-partisan committee of experienced family law practitioners, Judges and Legislators in the State appointed by House Majority and Minority leaders, the Illinois Supreme Court and the Illinois Child Support Advisory Committee. My partner André Katz was appointed by House Speaker Michael Madigan as Chairman of the Committee.
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Illinois Family Law Reform
Firm principal André Katz chaired the Illinois Family Law Study Committee, tasked with rewriting the state’s divorce and parentage statutes and proposing groundbreaking family law reforms.
Read MoreThe New and Improved Illinois Marriage and Dissolution of Marriage Act
P. André Katz and Erin Bodendorfer authored an article regarding the recent changes to the Illinois Marriage and Dissolution of Marriage Act effective January 1, 2016 which was published in the Illinois Bar Journal. Reprinted with permission of the Illinois Bar Journal, Vol. 103 #11, November 2015. Copyright by the Illinois State Bar Association. http://www.isba.org
Read MoreWhen Does Property Begin To Accumulate When Parties Have Entered Into A Civil Union In Another State?
Published in Chicago Lawyer Magazine, October 2015
by Daniel R. Stefani
The recent Second District Appellate Court decision in In Re Civil Union of Debra Hamlin, Petitioner, and Victoria Vasconcellos, Respondent, 2015 Ill.App. (2d) 140231, has at least for now resolved the issue of when civil union property begins to accumulate. Respondent unsuccessfully argued that because Illinois first recognized civil unions on June 1, 2011 (the effective date of the Illinois Religious Freedom Protection and Civil Union Act (the “Act”), 750 ILCS 75/1 et. seq. 2010), the Act should only have prospective effect and therefore any previously acquired assets of the parties should be classified as non-civil union property despite the fact that the parties entered into a civil union before Illinois recognized such by the Act.
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New Family Marriage Act in Illinois Promises to Change Divorce for the Better
September 2, 2015 – Family law attorney and Chairman of the Illinois Family Law Study Committee, which was responsible for making the proposed groundbreaking changes to the legislature, is available for comment.
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Are Disability Benefits Considered Retirement Benefits?
Published in Chicago Lawyer Magazine, August 2015
by Daniel R. Stefani
On May 25, 2015, the Appellate Court of Illinois Fourth District rendered the Opinion of In re Marriage of Benson. In Benson, the Court affirmed the Trial Court’s ruling that, fifteen years after a Divorce Judgment, the ex-wife was entitled to disability pension rights from the ex-husband which were not awarded to her in their Judgment.
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