blog home archives July, 2011 - Chicago Illinois Family Law Blog

July, 2011 - Chicago Illinois Family Law Blog Archive

For Now, Illinois Must Refer Foster Kids to Catholic Charities

By Nottage and Ward on July 29, 2011

The Chicago Tribune reports that Catholic Charities in Illinois will once again be able to take on new foster care cases, in spite of the efforts of the state to block the group over a dispute regarding civil unions and gay rights. A judge in Sangamon County made a temporary ruling on July 18 after the state consented to permit Catholic Charities to take new cases, at least for the next few weeks. However, the agency will not place children with couples that are unmarried or gay.

Previously, Catholic Charities sued the state over whether they should be required to assist gay couples seeking to adopt or become a foster parent. Then, the agency alleged that the Department of Children and Family Services (DCFS) had violated an order that required the state to uphold the agency’s contract while things were decided in circuit court. DCFS had allowed close to 2,000 foster children who had been placed by Catholic Charities to remain under the group’s watch and in place. However, despite the order, the state refused to permit the agency to place children in new foster care cases. Catholic Charities sought to keep the cases coming. Additionally, the agency argued that the action by the DCFS was not in agreement with the order from the Sangamon County judge since it did not maintain operations as though the agency and the state had a contract in place.

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What Are My Options for Child Custody in Illinois?

By Nottage and Ward on July 25, 2011

During the Illinois divorce process, child custody can become one of the most highly disputed, contentious and emotional issues. In the end, experienced help may be needed to help reach an agreement that suits the needs and wants of both the children involved and the parents. Having a solid custody arrangement will help minimize everyone’s stress and reduce the emotional toll of the divorce. It will also allow each parent an opportunity to provide the best possible care they can give to their child.

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Over 1,600 Civil Union Licenses Issued in Illinois During First Month of Law

By Nottage and Ward on July 22, 2011

Recently, Equality Illinois, an advocacy group for the LGBT community, announced that a total of 1,618 civil union licenses were issued across Illinois during the first month of the new civil union law, reports The Huffington Post. Civil unions became law on June 1. Of the state’s 102 counties, couples applied for civil unions in 83 of them, or about 80 percent.

According to Equality Illinois, each of the state’s county clerks was contacted to determine the total number of licenses issued. Each clerk was also asked for feedback regarding the implementation of the law, and the group reports many clerks shared stories of excitement, particularly on the first day the licenses were offered. The organization also noted that the civil unions, domestic partnerships, or marriages obtained by gay couples in another state or jurisdiction before civil unions became law are now valid civil unions in Illinois, making the total number of couples in a civil union far greater than 1,618.

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Life Insurance and Civil Union Spouses in Illinois

By Nottage and Ward on July 20, 2011

Now that Illinois’ civil union law is in effect, we will continue discussing the new benefits that have been granted to civil union couples in our ongoing blog series. In this post, we discuss life insurance in relation to civil union spouses.

Can life insurance be purchased to cover a civil union spouse?

Yes, life insurance can be bought to cover a civil union spouse. In order to buy insurance on someone else’s life and be designated as the beneficiary, it must be determined that someone has an “insurable interest” in the insured person’s life, meaning they would suffer losses, financial and otherwise, if the insured person died. Typically, insurance companies assume that close relatives, such as a spouse or child, have an insurable interest in an insured person’s life. Illinois’ civil union law guarantees that civil union spouses are treated equally as married spouses in regards to life insurance coverage and benefits.

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Tax Problem Found for Civil Union Couples in Illinois

By Nottage and Ward on July 18, 2011

According to Illinois Radio Network, a problem has already been discovered in relation to taxes and civil union couples in Illinois, just one month after civil unions were made legal. The problem relates to income tax. Under state law, couples in a civil union are required to be treated the same as married couples, but there’s a catch.

Under tax law in Illinois, if a taxpayer files their federal income taxes separately, they are also required to file state taxes separately. Since federal law does not recognize civil unions, couples in a civil union have to file separate state tax returns. Since the health insurance benefits that a partner in a civil union receives for another are considered to be income and are taxed as such under federal law, and since the state applies the same figures, they are taxed under Illinois law, when it seems as though they shouldn’t be.

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Why You Should Consider Signing a Confidentiality Agreement in an Illinois Divorce

By Nottage and Ward on July 13, 2011

A confidentiality agreement, or confidentiality protective order, outlines specific confidential information that both parties share with one another for purposes of their divorce litigation, but want to keep from public view or access. Under such an agreement or order, the parties agree that the information covered by the agreement will not be disclosed. These agreements may restrict both parties from using the information, or they may restrict only one party’s use of the information.

In most cases, these agreements are typically entered into for business purposes, but in some situations, a couple may sign a confidentiality agreement in Illinois. For example, signing such an agreement may be desirable if one spouse was in the public eye or if the couple ran a business together.

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Catholic Adoption Agencies Sue Illinois Regarding Gay Adoption

By Nottage and Ward on July 12, 2011

NPR reports that controversy has erupted in Illinois regarding whether faith-based groups should be required to alter their practices and assist gay couples seeking to adopt. The new civil union law in Illinois has put the state and many faith-based organizations at odds with one another.

In particular, Catholic Charities agencies, located in five dioceses in Illinois, had received state funding to offer adoption and foster care services, and would only place children with straight single individuals living alone or straight married couples. Once the new law went into effect, one agency stopped its adoption services, concerned it would be required to allow same-sex couples to adopt or have discrimination lawsuits filed against them. Three other agencies put prospective parent licensing on hold and sued the state. Previously, the agencies had referred couples who were unmarried to other agencies, without regard to their sexual orientation.

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Additional Health Insurance Rights Granted to Illinois Civil Union Spouses

By Nottage and Ward on July 11, 2011

We continue our blog series discussing the new benefits given to civil union couples in Illinois now that the civil union law is in effect, focusing on health insurance coverage in relation to continuation rights, Medicare eligibility, and more.

Are Civil Union Spouses Given Continuation Rights?

In the event of a death, divorce, retirement, or job loss, Illinois law permits individuals that are covered by a civil union spouse’s employer-based health insurance policy to remain covered even after hours are reduced or a the job is lost and results in the coverage’s termination, as well as when an employee retires, divorces the spouse, or dies. Under Illinois law, continuation rights equally apply to married spouses and civil union spouses.

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Maria Shriver Files for Divorce from Arnold Schwarzenegger Citing Irreconcilable Differences

By Nottage and Ward on July 8, 2011

The Los Angeles Times reports that Maria Shriver filed for divorce from Arnold Schwarzenegger on Friday, July 1, ending the couple’s 25 years of marriage. Shriver cited “irreconcilable differences,” and also requested joint custody of her and the former California governor’s two minor-aged children. The couple also has two other older children.

In May, the couple announced their separation, followed by the stunning news that Schwarzenegger had fathered a child with a former household staff member. In addition to her custody request, Shriver also specified that certain property should be considered separate, including miscellaneous jewelry obtained and earnings made after her separation from Schwarzenegger. Reportedly, the couple does not have a prenuptial agreement.

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Health Insurance Benefits for Civil Union Spouses in Illinois

By Nottage and Ward on July 7, 2011

This is a continuation of our blog series covering the impact that the new civil union law in Illinois has on the new benefits offering to civil union spouses.

Are Civil Union Spouses Given Health Insurance Coverage?

One of the most important questions the new law answers is whether or not health insurance policies have to provide coverage for civil union spouses. Yes, all HMO contracts and health insurance policies issued in Illinois are required to offer civil union couples the identical coverage given to married couples. Additionally, if a policy allows coverage for a married policyholder’s dependent children, the policy must also allow coverage for a civil union policyholder’s children. Rates for spousal or family coverage must not be different, regardless of whether the family consists of civil union or married spouses.

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