Latest News and Publications

Compelling Payment of College Expenses

Published in Chicago Lawyer Magazine, May 2012
By Daniel Stefani

Ever since I was a young practitioner, I have struggled with Section 513 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) which allows a divorced parent to compel the other to contribute to their child’s post-high school educational expenses.
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Substitution of Judge for Cause

Published in Chicago Lawyer Magazine, December 2011/January 2012
By Daniel R. Stefani

Since the Illinois Marriage and Dissolution of Marriage Act specifically states that there shall be no trial by jury, the issue of substitution of judges is of particular importance to our area of law. On August 24, 2011, the Supreme Court of Illinois rendered the opinion in In Re Marriage of O’Brien, 2011 WL 3359713 (Ill.). The opinion has not yet been released for publication in the permanent law reports and is therefore subject to revision or withdrawal. The majority held only that the actual prejudice standard applies to a petition seeking a substitution of judge for cause. Justice Garman filed a specially concurring opinion and Justice Karmeier and Justice Kilbride also filed a specially concurring opinion which agreed with affirming the Appellate Court but disagreed with the applicable standard to be applied by the Court.
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Setting of a Support Obligation

Published in Chicago Lawyer Magazine, June 2011
By Daniel R. Stefani

Over the last few years, I have seen a higher frequency of divorce cases where the family’s historic breadwinner is unemployed — some by choice, but others who were victims of the economic downturn. The lucky ones received a severance package. The unlucky ones are forced to live off their assets until a new employment opportunity comes their way.
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Noteworthy Changes For The New Year

Published in Chicago Lawyer Magazine, February 2011
By Daniel Stefani

On Sept. 27, the Illinois Supreme Court announced its adoption of the Illinois Rules of Evidence effective Jan. 2011.  These rules codify the evidentiary rules that Illinois courts followed historically based on case law, statutes, Illinois Supreme Court Rules and Local Rules.
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Implications of Bifurcated Dissolution of Marriage Proceedings

Published in Chicago Lawyer Magazine, September 2010
By Daniel Stefani

In certain situations where there is a pending petition for dissolution of marriage, the parties can agree or in certain rare situations, the Court may grant a motion of either party to bifurcate their dissolution of marriage proceedings. This means that the Court enters an order immediately dissolving the bonds of the parties’ marriage but reserving adjudication of the remaining issues such as the division of marital assets and debts, maintenance, child support, custody and attorneys’ fees to a later date.
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New Amendments to Fee Statute

Published in Chicago Lawyer Magazine, May 2010
By Daniel R. Stefani

On August 18, 2009, Governor Quinn signed into law certain amendments to the Illinois Marriage and Dissolution of Marriage Act (“Act”) relating to payment of attorney fees and other litigation costs incurred during actions brought pursuant to the Act. There were primarily six important amendments to the Act.
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Modifiability of Spousal Support

Published in Chicago Lawyer Magazine, January 2010
By Daniel Stefani

Spousal support, which is known in Illinois as maintenance, is an ever-changing area in the divorce world.

On October 8, 2009, the Illinois Supreme court issued its opinion on Steven Blum v. Judy Kostner, (2009 WL 3212542 Ill.).  Although the prevailing opinion of divorce attorneys and judges was consistent with Blum, there was no definitive direction from the statute or case law until now.  After I read the case, I wondered whether it will create more or less litigation.
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Collecting Support and Arrearages

Published in Chicago Lawyer Magazine, September 2009
By Daniel Stefani

With today’s tough economic climate, the challenge of collecting child support and maintenance arrearages is becoming increasingly difficult. Many delinquent payors are out of work and have little to no cash, liquid assets or equity in their home. Oftentimes, the only asset in the delinquent payor’s control is their 401(k) or individual retirement account.
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When to Value Assets in Divorce

Published in Chicago Lawyer Magazine, June 2009
By Daniel Stefani

In a dissolution of marriage, the Court identifies the parties’ assets and liabilities, classifies them and values them. In today’s volatile economic times, using the appropriate valuation date is more important than ever. In Illinois, the Illinois Marriage and Dissolution of Marriage Act directs the Court to value assets and liabilities on a date “as close to the trial date as practicable.” The Illinois case law interpreted this to mean anywhere from the beginning of trial back to a date nine months before the trial date. Typically, with complex business valuation issues, the underlying financial information used to complete an expert business valuation report lags well behind the trial date and therefore, the valuation date is several months before the ultimate trial to allow for the completion of expert reports. At trial, upon good cause shown, typically the Court will allow evidence of intervening events that effect value. This is not perfect and often results in the Court having to use obsolete values.
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Abatement of Support

Published in Chicago Lawyer Magazine, March 2009
By Daniel Stefani

With more and more obligors of child support and maintenance losing their jobs, the challenge for the divorce courts is how to protect the obligee ex-spouse and minor children with out unfairly punishing the obligor ex-spouse.
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