Caselaw Update Family Law 2021

Covers the preparation of a Financial Affidavit used in Domestic Relations matters, including parentage cases and prejudgment and post judgment dissolution of marriage matters. Includes a discussion of the requirements for completion of the affidavit and pitfalls in its preparation.

The Illinois Child Support Guidelines provide that the court may “deviate” from the presumptive award “if the application would be inequitable, unjust, or inappropriate.” Review how the guidelines were developed, what are they based on and what “other factors” have courts considered that should not be overlooked. Focus will be on how to argue for deviations including in a high-income case, how to argue for private school and extracurricular activities, and medical and childcare expenses.

The division of assets under Section 503 is never simple. When non-marital assets mix and mingle with marital assets, and marital assets mix and mingle with non-marital assets—the clients hire us to untangle. Examine such topics as: gifts to the marriage; the conduit theory; personal effort theory; commingling; transmutation; circumstances for reimbursement; and contribution considerations.