Recent Blog Posts
How Long Will Spousal Support Be Paid After My Divorce?
Getting a divorce can lead to a variety of financial difficulties for both you and your spouse. In addition to addressing the costs of the divorce process itself, you will both need to determine how you will be able to meet your needs based on a single income rather than a combined income. This adjustment may be especially difficult for a person who relied on their spouse as the family’s primary income earner. A spouse who is at a financial disadvantage may be able to receive spousal support. In these cases, the parties will want to be sure to understand how the amount of support will be calculated and how long the payments will last.
Determining the Duration of Spousal Support Payments
Illinois law uses the term “spousal maintenance” for payments made by one spouse to the other following their divorce. Typically, spousal maintenance will be awarded if one spouse needs support to ensure that they can maintain the standard of living they had during their marriage. Spouses may agree that spousal support will be paid when they create a divorce settlement, or in cases where litigation will be required to resolve divorce-related issues, a judge may choose to award maintenance to one spouse after considering factors such as the parties’ financial resources and ongoing needs, whether one spouse made sacrifices during their marriage that affected their career, and whether one party helped the other obtain education or otherwise assisted in their career advancement.
Will I Need a QDRO to Divide Retirement Assets During My Divorce?
Married couples who choose to get a divorce will need to address many different legal and financial issues related to the income they earn and the property they own. Determining how to divide marital property can often be a complex process, especially for couples who own significant assets. In addition to dividing physical property and financial accounts, couples may also need to address retirement savings and pension benefits. When dividing certain types of retirement assets, couples will want to use a Qualified Domestic Relations Order (QDRO).
What Is a QDRO?
A Qualified Domestic Relations Order is a court order that instructs the administrator of a retirement plan to make payments to someone other than the plan holder. QDROs can be used to divide the funds in certain types of retirement savings accounts and to allocate pension payments.
Does Cheating Affect How Much Marital Property You Receive in an Illinois Divorce?
When a married couple joins their lives, they also join their finances. If a married couple divorces, they must divide property such as bank account balances, real estate, and business earnings. They will also divide liabilities such as credit card debt. Then the division of marital property and debt can be quite complicated – personally and legally. This is especially true if a spouse spent money on an extramarital affair. Depending on when and how money was spent, the spouse who was cheated on may be entitled to a larger share of marital property in a divorce.
Dissipation of Assets During an Affair
Illinois State does not recognize any fault-based grounds for divorce. Typically, the reason that a marriage is ending has little impact on the outcome of the divorce. However, this is not true if a spouse spent a considerable amount of money to finance an extramarital affair.
Illinois Bill Would Make it a Felony if Police Dog Killed in DUI Crash
Driving under the influence (DUI) is penalized heavily in Illinois – especially if another person is hurt or killed in an accident caused by an intoxicated driver. If great bodily harm results from a DUI car crash, the driver may face felony charges for aggravated DUI and up to three years in prison. If death results from a DUI accident, the driver faces a prison sentence of up to seven years. However, DUI resulting in the death of an animal is not currently an offense under Illinois law. Proponents of House Bill 3019 hope to change this.
Death of Illinois Police Dog Prompts New Bill
Illinois Deputy Robert Rosenkranz was in the middle of a routine traffic stop when an allegedly intoxicated driver struck the back of his police cruiser. The officer’s police K9 “Loki” was in the backseat of the police car. Unfortunately, the dog did not survive the accident. The loss of Loki represented a personal loss to the officers who worked alongside the K9 officer. It also meant losing the many years of training that went into teaching Loki to perform K9 duties. In response to Loki’s death, State Representative Joe Sosnowski filed a bill to make killing a police dog an elevated offense under Illinois law.
My Ex Is Not Paying Child Support. What Can I Do?
Did you know that the total cost of raising a child to adulthood is estimated at over a quarter of a million dollars? Covering housing, food, and other costs without help from the child’s other parent can be extremely difficult if not impossible. Parents have not only an ethical responsibility but also a legal responsibility to financially support their children. Child support is the mechanism through which parents share child-related costs in Illinois. Read on to learn what you can do if your ex is not paying child support.
Establish a Child Support Court Order
Some parents assume that they do not need a formal child support court order, so they make a casual arrangement with the other parent. Perhaps your child’s other parent was giving you funds to help pay for housing or childcare on a weekly or monthly basis but has suddenly stopped. Unfortunately, the court cannot enforce a handshake child support agreement.
Situations in Which DUI Is a Felony Offense in Illinois
The act of drinking and driving is taken seriously by Illinois courts. As a result, the penalties for driving under the influence (DUI) include both administrative and criminal consequences. A first or second DUI is typically a misdemeanor offense in Illinois. While a misdemeanor conviction will still result in heavy fines, a driver’s license suspension of one year, and possibly jail time, felony DUI is punished much more harshly. A third or subsequent conviction for drunk driving or DUI involving certain aggravating factors is considered a felony offense in Illinois. If you are convicted of felony DUI, you could face years in prison and other life-changing consequences.
Receiving a Third, Fourth, or Fifth DUI Conviction
First and second DUIs are typically misdemeanor offenses in Illinois. Many individuals can avoid significant jail time and eventually regain their driving privileges after a first or second DUI. However, if a driver is convicted of driving under the influence for the third time, the penalties increase significantly. A third DUI is a Class 2 felony “aggravated DUI” punishable by three to seven years of imprisonment, a maximum fine of $25,000, and a 10-year driver’s license suspension. A fourth DUI is also punishable by three to seven years in prison and the offense is non-probational. A fifth DUI is a non-probational Class 1 felony punishable by a maximum prison sentence of 15 years. Fourth or fifth DUI convictions also result in a lifetime suspension of the offender’s driving privileges.
Assets That Complicate Property Distribution in an Illinois Divorce
Society typically focuses on the romantic aspects of marriage. However, the joining of two lives through marriage is not only a romantic union, it is also a legal and financial union. Determining how marital property should be divided between the spouses is often one of the most complicated parts of the divorce process. This is especially true if the spouses own complex assets or have a high net worth. If you are preparing for a divorce in Illinois, it is important to know how certain assets may complicate the process.
Small Businesses
If you or your spouse own a business, this may complicate your divorce significantly. In Illinois, only marital property is divided during a divorce. Separate property, meaning property that a spouse owned before getting married, is not divided. However, it is possible for a business that was acquired before marriage to be “transmuted” or transformed into marital property. If you acquired a company during the marriage or you owned a company before getting married but your spouse contributed time or money into growing the business, he or she may be entitled to an equitable share of the company. Often, a spouse who wishes to retain sole ownership of a business “buys out” the other spouse’s portion of the business by giving up assets of a similar value. Before a business may be divided in a divorce, the identity and the value of the business must be determined.
What Are Strategies for Defending Against Illinois Sex Crime Charges?
Being accused of sexual assault, rape, child sexual abuse, or another sex crime can have life-changing consequences. If you were charged with this type of criminal offense, your personal reputation, career, and your very freedom may be on the line. If convicted, you could be looking at months, years, or even decades behind bars. You may also be required to register on the public sex offender registry. Developing a robust defense strategy is the best way to fight sex crime charges.
Avoiding Self-Incrimination by Refusing Police Interrogation
Many people do not realize it, but a strong defense strategy often starts before the criminal defendant even hires an attorney. If you have been accused of a sex crime, the best thing you can do to protect yourself is to remain silent. Do not answer police questions. The police may imply that you “must have something to hide” if you do not answer their questions, but this is only a tactic used to get you to talk. You have a Constitutional right to avoid self-incrimination. The best way to do this is to decline police questioning and ask for your lawyer.
Are Divorced or Unmarried Parents Required to Contribute to College?
The cost of going to college increases with every passing year. If you are like many parents, you probably have concerns about how to finance your child’s college education. You may wonder how college expenses are dealt with when parents are unmarried or divorced. Does Illinois require parents to help pay for college? Does the parent who pays child support automatically pay for university-related expenses? Whether your child is college-aged or you still have a few years before he or she heads off to university, it is important to know how Illinois law deals with college expenses.
Child Support for College Students in Illinois
College expenses are handled differently than typical child support. When the child is still a minor, it is presumed that the obligor pays child support. Regular child support typically ends when the child turns 18 and graduates from high school. Once the child is an adult, this presumption no longer exists. It is up to the parent seeking non-minor child support to show that non-minor support is appropriate. Per Illinois law, courts may require one or both parents to contribute to college expenses, but this requirement is not automatic.
Are the Police Allowed to Lie to Me in Illinois?
Being charged with a criminal offense can be a confusing and overwhelming experience. If you have been accused of drug possession or distribution, a weapons violation, theft, domestic violence, or another crime, it is essential to know your rights. Criminal defendants are afforded rights by the U.S. Constitution and other legislation. Among these important rights are the right to due process, the right to an attorney, and the right to avoid self-incrimination. However, the rights of suspects and criminal defendants are limited. One issue that is commonly misunderstood is whether police are allowed to lie to individuals suspected of a crime.
Understanding the Tactics Police May Use During a Criminal Investigation
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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