Publications

What 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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The 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

When 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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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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Undistributed Income From S Corp Owner – Is It Imputed Income for Setting Child Support?

Published in Chicago Lawyer Magazine, June 2015
by Daniel R. Stefani

The Illinois Appellate Court First District on March 13, 2015 issued the Opinion of In re the Former Moorthy and Arjuna, 2015 IL App (1st) 132077. The case involved a post-decree modification of child support requested by the payee ex-spouse. Well after the parties’ divorce, the payor ex-spouse acquired a 91% ownership interest in an S Corporation which paid him wages and the entity also reported K-1 income to the payor ex-spouse as his share of the net income of the entity. The issue was whether, in addition to his W-2 wages, any K-1 income reported as a result of his ownership in the S Corp (but not actually received by him) could be considered as imputed income to him, for purposes of recalculating his child support obligation. The Trial Court held that the payor ex-spouse’s share of the retained earnings from his majority owned sub-chapter S Corporation which were not distributed to him should NOT be imputed to him for purposes of calculating his child support obligation. The Appellate Court affirmed.
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Eavesdropping in Illinois is Again a Crime

Published in Chicago Lawyer Magazine, April 2015
by Daniel R. Stefani

Former Governor Quinn signed into law on December 30, 2014 a new Illinois eavesdropping law.  The law was effective December 30, 2014.  This follows a window of time from March 20, 2014 through December 30, 2014 where the State of Illinois was without a law prohibiting eavesdropping.  This law makes eavesdropping a crime in Illinois despite the vague ambiguous language of the new statute.
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Mutual vs. Correlative Separate Orders of Protection

Published in Chicago Lawyer Magazine, February 2015
by Daniel R. Stefani

Recently the First District rendered an Opinion in In re Marriage of Kiferbaum.  The court made an important clarification between mutual orders of protection which are totally prohibited by Section 215 of the Illinois Domestic Violence Act of 1986 (“IDVA”) and correlative separate orders of protection which are not favored but allowed if certain requirements are met.
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Taking Charge Before it’s Too Late: Determine a Business’ Fair Market Value Prior to Divorce

Published in Chicago Lawyer Magazine, December 2014
By Daniel Stefani

One of the biggest problems a privately held business owner usually has in a divorce proceeding is the risk that a court will find his or her ownership interest to be worth far more than all or most of the other assets combined in a marital estate.  This creates the obvious problem of how the business owner pays his or her spouse an equitable share of the estate, especially since most businesses do not have the liquidity to support an immediate “buyout” of the other spouse.
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