Posted on April 21, 2015 in Child Support

The state of Illinois, like every state, recognizes the right of every child to receive support from both parents. While support can take many forms, it is impossible for any law to control the emotions of a parent, requiring them to show love, care, and compassion for the child. While such intangible forms of support should innate in most parents, the law can and often does mandate financial child support be provided and may require contribution from either or both parents.

Which Parent Pays Child Support?

Under Illinois law, a child’s present situation dictates which parent is required to pay child support. While the law does permit the court to require payments from both parents, the provision is usually invoked only in rare cases in which the child is not living with either parent. In most cases, contributions for child support are required from the parent without primary physical custody of the child or children.

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 Posted on April 16, 2015 in Illinois Criminal Defense Attorney

The circumstances of any criminal case will generally dictate how the case is prosecuted, and under which charges. In many situations, it can be rather confusing, as certain charges may seem similar in definition, but are actually very different in application. Commonly misunderstood offenses include those related to property crimes, including burglary, theft, and robbery. Last week, this blog discussed some of the details related to burglary charges in Illinois, and this week, the focus will be on charges related to theft.

Theft Defined

At its most basic, as described by Illinois statute, theft is committed by a person who “obtains or exerts unauthorized control over property of the owner.” This includes taking of property by deception or threat, and taking of property reasonably known or assumed to have been stolen. The action must also include the intent to deprive the owner of use, of the property permanently.

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 Posted on April 14, 2015 in Divorce

Ask a random stranger how likely it is that a couple getting married today will eventually get divorced. Chances are, the stranger will answer that the couple has about 50 percent chance of divorce. The idea that half of all marriages end in divorce has somehow become solidly lodged in the consciousness of public opinion and it seems to be extremely difficult to shake. The actual divorce rate in the United States, according to many demographers, has never reached 50 percent, and as the divorce rate continues to fall as it has for several decades, it appears that it never will.

Overly Simplistic Estimates

Claiming that half of marriages end in divorce is a quick and easy talking point, useful for establishing social context for various political movements and groups. Some may use the number as an example of the eroding family structure, while others use it to demonstrate the need for supportive funding for low-income children and single parents. So where did the 50 percent number originate and why does it persist?

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 Posted on April 09, 2015 in Illinois Criminal Defense Attorney

Property crimes can be prosecuted under a number of different charges in Illinois, depending on the circumstances of the case. Many of them, such as theft, robbery, and burglary may seem relatively similar to those unfamiliar with their distinctions. While charges related to any of these offenses can be extremely serious and carry severe potential penalties, it is important to understand what makes them different under law. Over the next several weeks, this blog will address some of the more common Illinois property crimes.

The Offense of Burglary

Illinois criminal code defines burglary as entering or unlawfully remaining on another’s property with the intent to commit a felony or theft. In situations in which a perpetrator picked a door lock or otherwise forced entry into the property, the act of burglary may be referred to as “breaking and entering.” Property included in the statute regarding burglary includes:

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 Posted on April 07, 2015 in Divorce

Divorce can be extremely difficult on everyone involved, even those who are not directly impacted by the end of a marriage, such as extended family members and friends. It comes as little surprise to most people, therefore, that children of divorcing parents are often particularly affected by the changing situation. Research, however, is beginning to suggest that children from different income and lifestyle groups may experience varying degrees of impact.

A study was conducted last year by researchers from Georgetown University and the University of Chicago to examine the affects of divorce on the behavior of children across various income levels. The team published its findings in the journal Child Development and determined that children of wealthier parents had more difficulty in adapting to a post-divorce situation, leading to more behavioral issues than lower-income children.

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 Posted on April 02, 2015 in Underage DUI

The beginning of April marks the start of Alcohol Awareness Month, meant to be an initiative to increase education about the effects and potential dangers of alcohol abuse. While alcohol abuse can affect people of any age, recent research suggests that underage drinking, and specifically, underage binge drinking is on the rise throughout Illinois. Experts may point to a number of long-term dangers related to teen alcohol use, but for many, a single incident of overdrinking can be extremely serious or even fatal. To that end, the Illinois Senate is now considering legislation drafted to encourage young people to seek medical help for someone who has had too much to drink.

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 Posted on March 23, 2015 in Alimony

Ending a marriage, regardless of the reason, creates a variety of challenges for both partners as they move forward into the post-divorce period of their lives. In addition to finding a new place to live and other day-to-day concerns, spouses must often reestablish themselves as self-sufficient individuals, no longer reliant on the cooperation a marital partner. For many, the circumstances of the marriage and subsequent family life can make it difficult for one of the spouses to transition into self-sufficiency quickly. Spousal maintenance, or alimony, may be necessary to support a spouse in such a situation so as to reduce unnecessary hardship that may have resulted from the divorce.

New for 2015

Late last summer, Illinois lawmakers passed legislation that addressed what many considered a glaring need regarding spousal maintenance awards. For many years, family and divorce courts in the state were granted full discretion over every aspect of spousal support orders, including when they were necessary, how much was to be paid and for how long. Individual judges ordered what he or she felt was appropriate for each case, resulting in very unpredictable awards, the details of which depending very heavily on which judge was assigned to the case.

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 Posted on February 11, 2015 in Child Custody

There may be circumstances in which you may need to seek modifications you’re your child support. While a modification may not be easy to get approved, there are circumstances that may be substantial enough to get approved:

• The paying parent lost their job or received a decrease in income
• The receiving parent has received a significant increase in their income
• In the event that either parent gets married
• If a child has reached the age of 18
• In the event that a child develops special needs or required medical care

In order to better handle a child support modification, here are a few tips to keep in mind:

Act in a timely manner. In the event that you lose your job or cannot afford to pay your current required child support, it is critical to immediately take the necessary steps for a child support modification, especially since you will continue to owe your current amount until your modification has been approved.

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 Posted on February 05, 2015 in Aggravated DUI

While there are circumstances in which a DUI defense attorney may not be necessary, there are several occasions in which they will play a crucial role.

When To Hire A DUI Attorney:

• If you have had more than one DUI.
• If your Blood Alcohol Content level (BAC) is double the limit.
• If your DUI arrest was due to an accident.
• If any injuries or deaths resulted of your DUI.
• If you rely on your driver’s license for employment.
• If you do not understand your state’s DUI laws.
• If you are worried about the outcome or the consequences you may face.
• If you are concerned about a misdemeanor conviction.
• If you are concerned with a DUI being on your record.

What Will An Attorney Do?

First and foremost, a DUI attorney will determine how to get your DUI to minimally impact you and your life. They will assess your particular case, and help you to understand the consequences that may be involved, such as probation, minor penalties, big fines, or jail time. A DUI attorney can also help in handling any required forms that need to be completed, making any necessary phone calls, or representing you when needed. An experienced DUI attorney also knows specific laws, as well as the ins and outs of the court process, which can help to determine which argument will help you and your particular case. In the event that you are facing a sentence, an attorney can help in making a plea or sentence bargain.

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 Posted on January 30, 2015 in Child Custody

While divorce is difficult for all people involved, child custody can be even harder, especially on the children. Often times, parents find themselves making assumptions on what to expect from their child custody hearing, which can cause a potential rift in the process, making things even more emotional. Here are several myths when it comes to child custody:

Mothers are more likely to be awarded custody. Since times have changed, most judges are favoring joint custody, or whatever is in the best interest of the child or children involved, which means that if this with the father, then the father will most likely receive full custody.

Children can decide who they want to have custody. While the judge may listen to and take into consideration what an older child’s wishes may be, he or she will not base their ruling on the child’s choice. It is important to not press the judge to make their decision based on your child’s wishes, since this will not make a very good impression on you or for your case.

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