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Description
Wednesday, March 20, 2024
Live Webcast
Program Moderators: Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
9:00 – 9:30 Telling a Story with the Financial Affidavit: What Numbers Do You Use? Historical, Prospective, Etc.
Hon. Erika Orr, Circuit Court of Cook County, Markham
9:30 – 10:00 On the Nature of Presumptions… Hard and Soft
The 2019 maintenance guideline amendments did much more than simply make changes to our percentages from the 30/20 rule to a third/quarter rule. Instead, they reintroduced terminology from our case law and introduced many other overlooked provisions within our statute. This session will address what it takes to deviate from the support and maintenance guidelines. This includes soft and hard presumptions, bursting bubbles, and the clear-and-convincing evidence standard to rebut the guidelines.
Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
10:00 – 10:30 Child Support Guidelines: Deviating from the Presumptive Award
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.
Hon. Pamela Loza, Circuit Court of Cook County
10:30 – 10:45 Break
10:45 – 11:15 Why Are My Support Numbers Different Than Yours? Tax Implications in Child Support and Maintenance
Have you ever tried to determine child support and the calculations you received are vastly different from the calculations provided by your client, opposing counsel, or even the Judge? Explore the variables, assumptions, and tax implications which impact child support calculations irrespective of whether or not child support is based on statutory guidelines. Recognizing and understanding the variables which may impact child support calculations encourages financial transparency, thereby enhancing the path to resolution.
Taryn Fisher, Sage Counsel, LLC, Highland Park
11:15 – 11:45 Maintenance Cohabitation: The Line Between Intimate Dating Relationship & De Facto Spouse
Case law addressing cohabitation for maintenance termination purposes has developed significantly over the last several years. It now provides us with a great framework to determine whether a post-divorce relationship is a serious dating relationship or a de facto marriage. Learn what to look for in your cases – both to pursue a cohabitation claim and to defend a claim.
Stephanie Kasten, Gitlin Law Firm, Woodstock
11:45 – 12:15 Issues in Income Support—Wasn’t This Settled?
- IRAs – Districts having different approaches
- Double dipping / savings account approach
- Other related issues
Hon. Jeffrey Hirsch, 22nd Judicial Circuit, Woodstock
12:15 – 1:15 Lunch
1:15 – 1:45 Maintenance: When is Retirement in Good Faith?
Ashley Davis, Feldman Wasser, Springfield
1:45 – 2:15 Maintenance Modification or Review – Preventing Future Problems
Learn how to navigate the confusion of maintenance modification and maintenance review proceedings. Case law between the appellate districts varies as to whether the guidelines apply to review or modification cases. Improve your skills from a discussion of how to best consider post-decree cases (and pre-decree drafting) of the enigmatic “rehabilitative” maintenance case.
Vanessa L. Hammer, Hammer Serna & Quinn, LLC, Chicago
2:15 – 2:45 Child Support and Maintenance Enforcement QDROs: Working Smarter, Not Harder
While using Qualified Domestic Relations Orders (QDROs) for dividing retirement plans as marital property between divorcing spouses is commonplace, an alternate payee under the Internal Revenue Code is defined as a spouse, former spouse, or dependent. Learn how QDROs can also be used as an enforcement tool to pay maintenance (alimony) or child support, as well as how you can retrieve all or a portion of the child support arrearages from the non-custodial spouse’s retirement plan.
Anne Prenner Schmidt, Law Offices of Anne Schmidt, Highland Park
2:45 – 3:00 Break
3:00 – 3:30 Enforcement of Support – What are the Options?
Jason Pica, II, Dussias Wittenberg Koenigsberger, LLP, Chicago
3:30 – 4:00 Caselaw and Legislative Update: All the News You Need to Know
Nancy Chausow Shafer, Sage Counsel, LLC, Highland Park
4:00 Adjourn