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Illinois case law guide for family, civil and property questions

A legal rule becomes more useful when you understand the question a court was answering. Explore selected published decisions with links to the original opinions, practical explanations and the facts and later laws that may change the analysis.

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Illinois Case Law Guide

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How does this Illinois case law guide address family, civil and property questions?

A court decision explains how a court resolved a legal issue on a particular record. Its court, date, procedural stage and governing statute matter. A similar story does not necessarily produce the same result. The selected decisions below connect common questions about family finances, parenting, consumer claims, insurance and property to the original opinions.

These are selected published decisions, not a list of new 2026 rulings. Read our 2026 Illinois law updates separately for dated statutory and support-table developments. Older decisions must be read alongside the law that governs the present dispute.

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Fee contribution does not require an empty bank account

In re Marriage of Heroy

2017 IL 120205 | Supreme Court of Illinois | 2017

In Heroy, the Illinois Supreme Court explained that a spouse seeking a contribution toward attorney fees need not first become destitute. The court considers the relevant statutory factors and whether requiring that spouse to pay the entire bill would undermine financial stability. The other spouse's ability to contribute also matters.

Why it matters. A useful fee discussion considers income, assets, expenses and the work involved, rather than a bank balance alone. Bring current financial records, the existing orders and the fee agreement when discussing whether a contribution request fits your circumstances. The decision illustrates why retaining some assets does not automatically end the inquiry.

Read in context. Heroy concerned postjudgment contribution litigation. It does not guarantee an award, require the other spouse to pay every bill or replace the separate requirements for interim fees. Current statutory provisions and the facts of your case still control. A request for contribution does not itself change your obligations under a fee agreement.

Read the official opinion (Paragraphs 19-22 and 30)

Related legal sources: 750 ILCS 5/508: attorney fees; 750 ILCS 5/501: temporary relief and interim fees.

Identify income separately from existing savings

In re Marriage of McGrath

2012 IL 112792 | Supreme Court of Illinois | 2012

McGrath held that withdrawing money already owned in an ordinary savings account did not make that money income for the child-support calculation before the court. The court also explained that substantial assets could still matter when deciding whether guideline support was inappropriate. The case did not eliminate the parent's support obligation.

Why it matters. Account statements can show whether a deposit or withdrawal represents wages, investment earnings, existing principal or another source. Keep those records with the support order and financial affidavit. A label such as 'cash received' may conceal distinctions that matter when the court evaluates income and overall financial resources.

Read in context. The decision applied the former percentage-based guidelines. Illinois adopted income shares in 2017, and current calculations require the applicable statute and HFS materials. The opinion expressly left the IRA-distribution issue unresolved. It is not a rule excluding every asset-related receipt, and it does not authorize a parent to reduce an existing payment without the required process.

Read the official opinion (Paragraphs 13-18 and paragraph 12 footnote 2)

Related legal sources: 750 ILCS 5/505: child support, check applicable effective version; HFS income shares and current tables; Public Act 104-0733: changes effective January 1, 2027.

A relocation decision depends on the child's particular circumstances

In re Marriage of Fatkin

2019 IL 123602 | Supreme Court of Illinois | 2019

Fatkin emphasized that deciding whether relocation serves a child's best interests requires a case-specific assessment. The Supreme Court reinstated the trial court's approval of the move after reviewing its detailed findings and the evidence. The decision also explains the deference given to a trial judge who heard the witnesses when the factual ruling is reviewed on appeal.

Why it matters. A relocation proposal should address the practical effect on the child: schooling, family relationships, transportation, parenting arrangements and the reasons for the move. Collect records that explain the proposed arrangement and how the child can maintain important relationships. A general claim that another location offers a better life does not answer all of those questions.

Read in context. One family's approved move does not establish permission for another family. Fatkin does not waive the notice, consent or court procedures that apply under Section 609.2, and a child's preference is not the sole factor. The current order, statutory definition of relocation and actual circumstances must be reviewed before moving.

Read the official opinion (Paragraphs 32-36)

Related legal sources: 750 ILCS 5/609.2: parental relocation.

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Connect the alleged deception to the loss

De Bouse v. Bayer AG

235 Ill. 2d 544 (2009) | Supreme Court of Illinois | 2009

In De Bouse, the Supreme Court rejected a prescription-drug consumer's deception claim because the record did not connect the alleged misleading communications to her or her particular doctor. The court recognized that indirect deception can support a claim, but general allegations that the public was deceived did not establish the necessary connection in that case.

Why it matters. For a potential deceptive-practices claim, preserve the advertisement, sales message, written omission context, invoice and evidence of the resulting loss. Identify what reached you, who communicated it and how it affected the transaction. If information passed through another person, explain that chain instead of assuming that widespread advertising proves your own claim.

Read in context. This card addresses the opinion's deception and causation analysis. It is not a complete test for every unfair-practice claim or every statutory violation. The decision's separate discussion about an implied safety representation was limited to prescription drugs. Current ICFA provisions, other claim elements and the actual evidence still require review; disappointment with a purchase alone does not establish this claim.

Read the official opinion (Official opinion PDF pages 4-9 and 11-12; 235 Ill. 2d at 550-556 and 559-560)

Related legal sources: 815 ILCS 505/10a: private actions and actual damages.

Read the coverage language, exclusions and underlying allegations together

Acuity v. M/I Homes of Chicago, LLC

2023 IL 129087 | Supreme Court of Illinois | 2023

Acuity held that property damage resulting from inadvertent faulty construction could qualify as an occurrence under the initial coverage language of the commercial general liability policy at issue. The Supreme Court rejected a categorical requirement that the damage extend beyond the construction project. It then returned the case for consideration of policy exclusions before resolving the insurer's duty to defend.

Why it matters. A business facing a construction lawsuit should preserve the complete policy, endorsements, complaint, tender of defense and the insurer's response. Those documents help distinguish the initial coverage question from an exclusion or an exception. A denial based on a broad statement about faulty work deserves comparison with the actual policy and allegations.

Read in context. The court did not decide that every construction defect is insured or that Acuity ultimately owed a defense. Exclusions and insured status remained material. The duty to defend also differs from an obligation to pay a judgment. This commercial liability decision does not determine coverage under every homeowner or other first-party policy.

Read the official opinion (Paragraphs 28-33, 51-53 and 58-65)

Tax collection does not automatically erase a surplus-equity claim

Tyler v. Hennepin County

598 U.S. 631 (2023) | Supreme Court of the United States | 2023

Tyler concerned a Minnesota county that sold a home to satisfy tax debt and retained the remaining proceeds. The Supreme Court held that the owner had plausibly alleged a taking of property without just compensation and could proceed with that claim. A government's authority to collect taxes did not automatically entitle it to retain value beyond the debt.

Why it matters. If property was lost through tax enforcement, gather the deed, tax and sale records, liens, ownership documents and any distribution accounting. Identify whether the issue concerns identifiable sale proceeds, lost equity or another remedy. Those distinctions help frame the legal question and identify the person or office holding relevant records.

Read in context. Tyler arose under Minnesota's process and at the pleading stage. It did not award every former owner a refund or decide Illinois eligibility, deadlines or recovery amounts. Illinois procedures and Public Act 104-0553 require separate review. The majority did not decide the Excessive Fines claim; the separate concurrence's discussion is not that holding.

Read the official opinion (Majority slip opinion pages 4-5, 10-11 and 14)

Related legal sources: Illinois Public Act 104-0553: property-tax and surplus-equity changes.

The stage of a tax-deed case changes the available challenge

DG Enterprises, LLC-Will Tax, LLC v. Cornelius

2015 IL 118975 | Supreme Court of Illinois | 2015

DG Enterprises addressed a challenge brought after a tax deed had issued. The Supreme Court distinguished defects in statutory notices from the grounds available for that collateral attack, and rejected the challenge on the record before it. The court separately considered the actual notice efforts when addressing due process.

Why it matters. A lawyer reviewing a tax-deed problem needs the complete court file, notices, mailing and service records, deed and relevant dates. Saying that a notice contained an error is only the beginning. The review must identify the case's stage, the available procedure and the facts that support relief through that procedure.

Read in context. The case does not excuse compliance before a deed issues or establish that returned mail always provides adequate notice. Its historical statutory text and forms should not be copied as a current checklist. Review the applicable Property Tax Code provisions and the date-specific changes in Public Act 104-0553. A claimed defect does not automatically restore title or extend a deadline.

Read the official opinion (Paragraphs 23-29, 41 and 46-50)

Related legal sources: Illinois Public Act 104-0553: current procedure and applicability changes.

Bring the records that let an attorney apply the law

Bring the current order, agreement, policy or tax notice, together with the disputed communications and the dates that matter. Identify the practical decision you need to make. A consultation can then focus on which statute applies, whether a decision addresses the same issue, and which evidence is still missing.

For a first step, use the consultation preparation tools or explore our family-law practice guide and civil-litigation practice guide.

Case law explained

Frequently asked questions

Clear answers to help you understand the issue and prepare your next step.

Does a similar court case guarantee the same outcome?

No. The facts, procedural stage, court, governing statute and available evidence can differ. A decision may address only one part of a dispute. An attorney must compare the actual record and applicable law before advising on a likely next step.

Are these all new decisions from 2026?

No. Each decision is identified by its actual year and court. The separate 2026 law-update guide addresses selected statutory and support-table developments. An older opinion must be read with later legislation and decisions.

How should I prepare to discuss a decision with an attorney?

Save the complete opinion and identify the point you think matters. Bring your current orders, notices, agreements and a short chronology. The lawyer can assess whether the decision addresses the same issue and whether later legal developments affect it.