Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Agrees to Decide How Social Security Benefits Offset in Divorce Settlement

In the closing days of its September term, the Illinois Supreme Court agreed to decide an issue of potential importance to the domestic relations bar: how are Social Security benefits treated in a property settlement during a...more

11/18/2014 - Appeals Divorce Social Security Benefits

Argument Report: Illinois Supreme Court Seems Undecided on Child Support for Non-Custodial Parents

Actively questioning both sides, the Justices of the Illinois Supreme Court seemed conflicted during the recent oral argument in In re Marriage of Turk. Turk poses a potentially important question of domestic relations law:...more

4/24/2014 - Child Custody Child Support Divorce

Illinois Supreme Court to Decide Whether Courts Can Award Child Support From Custodial to Non-Custodial Parents

Our previews of the newly allowed petitions for leave to appeal from the closing days of the November term continue with In re Marriage of Turk, which poses a potentially ground-breaking question of domestic relations law:...more

12/12/2013 - Child Support Co-Parenting Divorce Medical Expenses

Illinois Supreme Court to Decide Whether Child Psychologist's Fees Taxable as Costs in Custody Battle

Our previews of the latest additions to the Illinois Supreme Court's civil docket continue with In re Marriage of Tiballi. Tiballi poses the following issue: when a parent voluntarily dismisses a petition to change custody,...more

11/12/2013 - Child Custody Divorce Fees Legal Costs Psychological Counseling

Illinois Supreme Court Reaffirms Disgorgement of Advance Payment Retainers Under the Dissolution of Marriage Act

This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act provides that a court can...more

10/4/2013 - Advance-Payment Retainers Attorney's Fees Disgorgement Divorce

Illinois Supreme Court to File Opinion in Earlywine on Thursday Morning

Yesterday afternoon, the Illinois Supreme Court posted notice that it expects to issue opinions in three cases on Thursday morning at 10:00 a.m., including one civil case, In re Marriage of Earlywine. Earlywine presents an...more

10/1/2013 - Advance-Payment Retainers Attorney's Fees Disgorgement Divorce

Argument Report: Does the Income Withholding for Support Act Require Strict Compliance?

Our reports on the oral arguments from the September term of the Illinois Supreme Court continue with last week's argument in Schultz v. Performance Lighting, Inc. The plaintiff obtained a divorce in 2009 and was...more

9/25/2013 - Child Support Divorce Social Security Numbers

Illinois Supreme Court to Debate Strict vs. Substantial Compliance With Withholding Orders

Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Schultz v. Performance Lighting, Inc., which poses an important question for domestic relations law: must a Withholding Notice under the Income...more

9/18/2013 - Child Support Divorce Social Security Numbers Withholding Requirements

Does The Income Withholding for Support Act Require Strict Compliance?

Our preview of newly petitions for leave to appeal allowed by the Illinois Supreme Court in the closing days of the just-ended May term continues with Schultz v. Performance Lighting, Inc., a decision from the Second...more

6/7/2013 - Child Support Divorce Notice Requirements Wage Withholding

Lifetime Lump Sum Workers' Comp Settlement Fully Allocable for Child Support

How is a worker's lump-sum settlement for a disabling injury -- a payment meant to compensate for lost income for the remainder of the worker's expected working life -- treated for purposes of calculating the non-custodial...more

5/28/2013 - Child Support Divorce Settlement Workplace Injury

A Busy Day of Civil Arguments at the Illinois Supreme Court

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

3/19/2013 - Attorney's Fees Child Support Divorce EMTs Punitive Damages Settlement TCPA

Marital Property Valued as of Date of Divorce, Not Date of Property Resolution, Holds Divided Illinois Supreme Court

Under Illinois law, courts may under certain circumstances enter a judgment of dissolution in a divorce case and wait until later, as part of a bifurcated proceeding, to enter a property distribution judgment. The problem...more

12/31/2012 - Bifurcation Date of Valuation Divorce Marital Assets

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

12/26/2012 - Absolute Immunity Appeals Bifurcation Date of Valuation Divorce Foreclosure Forum Non Conveniens Motion to Dismiss Res Judicata Standing

Disgorgement of an Advance Payment Retainer as Interim Fees in a Divorce Case?

In the closing days of the Illinois Supreme Court's November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of Earlywine. Although Earlywine...more

12/10/2012 - Attorney's Fees Divorce Retainers

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