eFileIL Date Extension

Dorothy Brown’s request was granted. As addressed in the previous blog post, the date of Cook County’s mandatory online filing was extended to July 1st, 2018. In an official flyer distributed to all attorneys and litigants as well as posted on the Circuit Court of Cook County, IL’s website, it is “to complete the complex and effective programming that will ensure a smooth transition to eFileIL in Cook County and provide an effective, efficient and fully functioning eFile system at a level of excellence by its users.” The interesting thing about this development is that attorneys and litigants who feel comfortable with the online filing process can continue using the online filing system while it is undergoing development and changes, while those who are not comfortable with the new Efile system have the option to file in person. Wouldn’t this be a good solution in the first place? Allowing those who prefer to file electronically to do so while allowing those who prefer to file in person continue as they were? Just like ice cream sundaes – isn’t it better to have caramel sauce and chocolate sauce instead of just one?

Modernizing the Domestic Relations Filing System

Beginning on January 1, 2018 (though Dorothy Brown recently requested an extension on this date), all attorneys and litigants seeking to file documents or pleadings in Domestic Relations cases in Cook County will be required to use an online filing system instead of going to the court house and filing items by hand with the Clerk.  This sounds like a convenient idea for a couple reasons.  First, you will not have to leave the comfort of your ventilated desk area (or home) to file a document in extremely cold or warm weather.  Second, you will not have to wait in line at the Clerk’s office (nor deal with the many personalities encountered during the filing process).  However, with the new system in place, any document that was previously a no-fee filing will now incur a convenience charge.   Additionally, with all the attorneys and litigants filing online there is a chance that the system could freeze and cause delays which is problematic especially when deadlines approach.   Lastly, what happens to the pro se litigants who do not have a computer at home- how are they to file a document online?  Rumors have it that they will have to make a trip downtown to the Daley Center 8th floor where computers will allegedly be provided for them.

Is this new system going to be a Holiday chill or a warm summer breeze?

Changes to Spousal Maintenance

If the thought of having to pay your spouse maintenance, formerly known as alimony, was not bothersome enough, the new proposal tax bill may have just made the knots in your stomach even tighter. Maintenance is currently tax-deductible for the payer and taxable for the recipient/ With the new proposed tax bill in motion, this is all subject to transformation. The new bill would change the tax treatment of maintenance if your divorce judgement is entered after December 31st, 2017. For example, a divorce judgement entered prior to 12/31/17 ordering the husband to pay to the wife the sum of $5,000 per month as and for maintenance would be deductible from the husband’s income and would be includable in the wife’s income. However, a divorce judgement entered after 12/31/17 would not be treated this way.

Divorce is difficult enough, does this tax bill make it any easier?