2019 Biannual Master Teacher’s Seminar re Child Support and Maintenance. Please see the summary for my 2019 program.
I am be chairing this program again for 2022.
Moderators:
- Gunnar J. Gitlin, Gitlin Law Firm, Woodstock; and
- Nancy Chausow Shafer, Chausow Shafer PC, Highland Park
Our 2019 program
8:50 – 9:00 Welcome: Gunnar J. Gitlin
9:00 – 9:15 Critical and Overlooked Language in the 2019 Maintenance Guidelines Amendment: The Required Court Findings—Reviewable Maintenance, Fixed-Term Maintenance, and Reserved Maintenance
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 focused attention on many other overlooked provisions within our statute. The author of Gitlin on Divorce: A Guide to Illinois Family Law addresses the state-of-the-art regarding maintenance awards in Illinois in light of the continuing changes to §504(a) and through 504(b-1) to (b-4.5) of our statute. We start with the language of the statute as it has changed in the last five years on a year-by-year basis and focus on changes to the statute as subtle and important as the importance of the word “only.”
- Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
9:15 – 10:00 The State of the Art of Income Withholding
From one of the nations leading experts, learn about a variety of critical issues for income withholding–from the withholding limits to ensuring that the withholding notice conforms to the Federal requirements to ensure that it will not be rejected as defective on its face.
Invited Pending Confirmation of Approval: Cynthia Holdren, U.S. Office of Child Support Enforcement
10:00 – 10:15 The $100-Per-Day Penalty and How to Best Effectuate Maintenance Only Collection
Learn why maintenance-only support orders are not to be sent to an employer/payor through Income Withholding and what mistakes may force an employer/payor to reject the Income Withholding Order/Notice for Support form you send for child support. Know the counties that accept through the clerk of the court maintenance only payments (yes-there are several).
- Donald Ray, Ray Law Office, P.C., Rockford
10:15 – 10:45 IRMO Salvatore—Can We Get There from Here? Modification of Pre-Income Shares Child Support Awards Support by Medium-to-High-Income Supporting Obligors
- Mario Ventrelli, Ventrelli & Simon LLC, Northfield
11:00 – 11:30 Tax Implications in Child Support and Maintenance Cases in the Days of the Trump Tax Plan: From the Elusive Dependency Deduction to Maintenance Deductions in Our Pre-2019 Case
Get an overview of the provisions of the Tax Cuts and Jobs Act (“TCJA”) which every practitioner must consider, as it tremendously impacts the families you represent. Understand the provisions of the TCJA that have or may in the future affect child support and maintenance.
- Jennifer M. Fletchall, Levin & Brend, P.C., Chicago
11:30 – 12:00 The New 50% Soft-Cap re Support and Maintenance: How to Argue for or Against It
Get an overview of the language and application of Section 504(b-1) [the 50% soft cap], its interplay with Section 505. We provide a view from the bench on the Court’s discretion regarding the 50% cap.
- Hon. Abbey Fishman Romanek, Circuit Court of Cook County, Chicago
- Jordan Rosenberg, Beermann LLP, Bannockburn & Chicago
12:00 — 12:15 Top 5 Tips for Use and Introduction of Family Law Software Child Support and Maintenance Calculations: Beyond Standardized Taxes (0.25 Professional Responsibility pending approval)
Understand why a Family Law Software support calculation may be different from yours. Know what else can you do with this robust software package to help settle cases, support your advocacy, and get a better result for your client. Learn top tips from an expert.
- Nancy Chausow Shafer, Chausow Shafer PC, Highland Park
1:15 – 1:45 Maintenance Guidelines: What are They and How Do You Prepare and Argue the Elusive Maintenance Guideline Deviation Case? (0.5 Professional Responsibility pending approval)
Learn–from the author or the IICLE Handbook chapter on maintenance–about our case law in light of the current law emphasizing potential arguments to support deviating from the guidelines. Understand what constitutes “income” for the guideline maintenance calculation and when imputed income is “income” for the guideline calculation or when it is merely a basis for a deviation?
- Joshua T. Friedman, Davis Friedman LLP, Chicago
1:45 – 2:15 Child Support and Maintenance Enforcement QDROs: Working Smarter, Not Harder
While using QDROs for dividing retirement plans as marital property between divorcing spouses is commonplace, QDROs are also tools to enforce payment of an arrearage in child support or maintenance. Learn how you can retrieve child support / alimony arrearages from the former spouse’s retirement plan and the critical distinction regarding who is the alternate payee (the former spouse or the child). We provide a child support / maintenance QDRO form and explain why you should hire an expert to easily claim 508(b) fees for the drafting of the QDRO as enforcement tool!
- Anne Prenner Schmidt, The Law Offices of Anne Schmidt, LLC, Chicago
2:15 — 2:45 Setting the Table for Your Temporary Child Support and Maintenance Hearing: Top-10 Tips on Completing the Uniform Financial Affidavit (0.5 Professional Responsibility pending approval)
Understand how to get your clients as much child support and maintenance as possible as quickly as possible. Become familiar with the Supreme Court approved forms in Family Law Cases and why more than two-years after the income-sharing amendments we still do not have a form that dovetails with Section 505 of the IMDMA. Get 10 tips to help you get the most for your client. Learn the importance of distinguishing between current figures and anticipated post-decree expenses as well as properly footnoting your entries when needed.
We will provide new model forms both in Excel and in pdf format that dynamically calculate your totals. The forms will als0 account for standardized / individualized taxes, the new multi-family adjustment for child support, etc.
- Hon. Pamela E. Loza, Circuit Court of Cook County, Chicago
- David N. Schaffer, Schaffer Family Law, Ltd., Naperville
2:45 – 3:15 Maintenance Reviews and Termination as Baby Boomers Retire: How to Argue For and Against
With the graying of America and the coming of age of the Baby Boomers, divorce lawyers are seeing more and more cases involving maintenance reviews or termination of maintenance upon the payor’s retirement. Get practice tips for arguing both for and against termination or reduction of maintenance upon retirement. We address the all-important issue of whether retirement benefits should be considered as maintenance and/or property.
- Hon. David E. Haracz, Circuit Court of Cook County, Chicago
- Gloria V. Schmidt, The Gloria Law Group, Chicago
3:30 – 4:00 Maintenance Termination and Conjugal Cohabitation: An Update of Statutory and Case Law–Proving It Ethically (0.5 Professional Responsibility pending approval)
The divorce is started or done, and a party seeks to terminate maintenance based on cohabitation. It is rare to have a “smoking gun”—clear evidence of cohabitation. These cases are won or lost based on a totality of the circumstances. Learn what constitutes “resident, continuing, conjugal” cohabitation so you can guide your client, whether you represent the payor or the recipient.
- Stephanie Kasten, Gitlin Law Firm, Woodstock
4:00 – 4:45 Counting Overnight—The Bright Line of 146 Overnights and Future Potential Changes to our Income-Shares Statute: A Round-Table Discussion
Learn about proposed legislative initiatives to change the Illinois shared-parenting formula, other states formulae, and how to compute overnights when determining shared parenting.
- Margaret A. Bennett, Bennett Law Firm, LLC, Oak Brook
- Gunnar J. Gitlin, Gitlin Law Firm, Woodstock
- Nancy Chausow Shafer, Chausow Shafer PC, Highland Park
