Among the new laws taking effect in Illinois this month is one that outlaws smoking in a vehicle with children present. Public Act 101-0468 makes it a petty offense to “inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance” in a vehicle while a person under…Read More
Articles & Information
Firm founder Gary L. Schlesinger is a frequent speaker and writer on various family law topics. Many of his articles are included here. We have also posted a variety of summaries and information regarding Illinois family laws.
Issue of Modifications of Child Support
This month, I am tackling the issue of modifications of child support and recent rulings by the Illinois Appellate Courts regarding this. I am specifically speaking of In re Marriage of Salvatore, 2019 IL App (2d) 180425, In re Marriage of Wengielnik, 2020 IL App (3d) 180533, and In re Marriage of Connelly, 2020 IL…Read More
Withdrawing an Appearance as the Attorney of Record
I write on the concept of withdrawing an Appearance as the attorney of record for a client in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois. The procedure that the Judges wish to follow is that unless and until either the green card from return receipt certified mail may be presented in…Read More
May a Guardian Ad Litem Under the Illinois Marriage and Dissolution of Marriage Act File Pleadings?
By GARY L SCHLESINGER 750 ILCS 5/506 is entitled representation of child. Subparagraph (a) is titled “Duties.” Three different positions are listed. One is attorney for the child who owes “the same duty of undivided loyalty, confidentially, competent representation as are due to an adult client.” The second is the child representative who “shall have…Read More
Schlesinger & Strauss Attorneys’ ISBA Appointments 2019-2020
Attorney Gary Schlesinger has been appointed to serve as a Member of the ISBA Civil Practice & Procedure Section Council 2019-2020. Attorney Michael Strauss has been appointed to serve as Chair of the ISBA Family Law Section Council for the same period. Attorney Deanna Hoyt has been appointed to the ISBA Women & the Law…Read More
Promoting Access to Justice Among Self-Represented Litigants
In 2015, 93 of Illinois’ 102 counties reported that more than 50% of civil cases involved a self-represented litigant on at least one side. Self-represented litigants face many challenges such as unfamiliarity with civil law and procedure. As a result of the growing number of self-represented litigants, the Illinois Supreme Court created The Illinois Supreme…Read More
Motions for Substitution of Judge
Every litigation attorney is all too familiar with having to tell their clients, “Shut your mouth when you are in front of the Judge.” Try as you might, there is always that one client who thinks he or she knows more than you and Judge and has to get in the last word. In the…Read More
Orders of Protection Cases Often Involve Surprises
The general rule of pleading is that one must state sufficient facts to support a cause of action. Illinois is a fact pleading state, not a notice pleading state. People ex rel. Fahner v. Carriage Way West, Inc., 430 N.E.2d 1005, 1008–09 (Ill. 1981). See also Hadley v. Doe, 34 N.E.3d 549, 556 (Ill. 2015)….Read More
Guardian Ad Litem Negligence
In a case entitled Nichols v. Fahrenkamp, the Fifth Appellate District decided a case involving negligence of a guardian ad litem in probate court. 2018 IL App (5th) 160316. It was decided July 9, 2018. The facts are that David Fahrenkamp, a lawyer, was appointed guardian ad litem for a minor in probate court who…Read More
Guardians Ad Litem Beware
Pursuant to 750 ILCS 5/506 (a) “in any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interests, or general welfare of a minor or dependent child, the Court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to…Read More
