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
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.
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
Obtaining Attorney Fees in Voluntary Lawyer Program Cases
By Gary Schlesinger The Lake County Bar Association Volunteer Lawyer Program, in conjunction with the Waukegan office of Prairie State Legal Services, has some cases that it sends to the VLP lawyers in which it is possible to pursue fees from the other side because the other side has resources. Typically, these cases involve the…Read More
Is Hearsay a Pleading Objection?
By Gary L. Schlesinger & Rachel Bernal Recently, it has become more and more prevalent for practitioners to respond to an allegation by saying “respondent objects to the allegation continued in paragraph _____ as it contains inadmissible hearsay statements.” Hearsay is an evidentiary objection according to Illinois Supreme Court Rule 801. “Hearsay is a statement, other…Read More
New Illinois Child Support Law July 1 2017
The New Illinois Child Support Law is effective July 1, 2017. Michael S. Strauss, one of the authors of the new law, can answer all your questions about the new Illinois child support law, maintenance, changes to parenting time (child custody and visitation) arrangements or with the reassignment of parental responsibilities. Call Schlesinger & Strauss, LLC…Read More
Separated But Living Together
A growing number of long-married couples may be living under the same roof, but leading separate lives The phenomenon of being “separated but living together” may be on the rise for a variety of reasons: one or both in the marriage may not be emotionally ready to formally and permanently call it quits or may…Read More
Michael Strauss is one of the Authors of the New Illinois Child Support Law
Attorney Michael Strauss is one of the authors of the new Illinois child support law that becomes effective July 1, 2017.
New Child Support Calculations Effective July 1, 2017
New changes to the Illinois child support calculations will take effect this summer, July 1, 2017. Please see the attached PDF files for more information. Income Shares Schedule Based on Net Income Income Conversion Table If you have questions regarding Illinois child support, contact the family law offices of Schlesinger & Strauss LLC at 847-680-4970.
Dividing Retirement Accounts in a Divorce
Marital property may include retirement funds that need to be divided in a divorce. When trying to reach an agreement, many couples may feel that a 50/50 split seems fair. However, after considering factors such as future earning power and tax treatment of retirement funds, it may be that dividing these assets equally will prove…Read More
