Recent Blog Posts
Off-Duty Cop Charged With Hit and Run Sentenced to One Year Supervision
An off-duty police officer who had been drinking when he slammed into a cyclist on the West Side last year was sentenced “to a year's court supervision and 30 days community service” in early March, according to the Chicago Tribune. Michael Bergeson, 33, was found guilty of failure to give information and render aid after the accident that left Nina Pilacoutas bleeding on the road. According to a statement Pilacoutas made, Bergeson “hit me with a truck and left the scene while I was bleeding heavily from my head… [he] is a coward and does not deserve to wield a badge,” reports the Chicago Tribune.
Bergeson was not sentenced to serve any time behind bars for the accident—a fact both Pilacoutas and her mother, Therese Fitzpatrick, say would not be the case if he was not an officer. The Tribune reports that Bergeson originally stopped and called the police from his cell phone when Pilacoutas was hit and thrown “briefly onto the hood of the pickup,” but prosecutors alleged that the cop drove off when he heard sirens from an approaching ambulance. “But his front license plate had been knocked off in the crash and was found by police, allowing them to identify him,” reports the Tribune.
Illinois Cracking Down on Revenge Porn
Revenge porn involves the online posting of intimate and/or pornographic photos and videos of another, without that person's consent. Though this would seem like an obviously illegal act, many states have failed to keep up with the times, and have yet to codify laws that criminalize such abhorrent acts. Luckily, here in Illinois, some changes seems to be coming when it comes to the criminalization of revenge porn. A new bill was introduced by Illinois State Sen. Michael Hastings in order to make the posting of revenge porn a felony under state law.
Property Division in Illinois—The Basics
One of the most difficult challenges during divorce is the separation of assets, or the division of property. Not only can this be an especially emotional aspect of the proceedings—because it forces the couple to go through their lives together piece by piece and literally split it apart—but expensive as well.
Illinois is an equitable distribution state, meaning that marital property is split evenly between the spouses, regardless of whose name is on ownership papers (ie: the deed to the house). According to the American Academy of Matrimonial Lawyers, there are several factors taken into consideration for equitable distribution. These include, but are not limited to:
- The contribution of each party to the acquisition or preservation to the value of the marital or non-marital property (“including the contribution of a spouse as a homemaker or to the family unit”);
Allocating Your Child's Post-Secondary Expenses Following Divorce
Sometimes, divorce decrees do not include an explicit obligation for a parent to pay for a child's post-secondary education. Though divorce decrees can govern child support and alimony payments, some issues may be left undecided in a divorce for the parties to determine in the future. In Illinois a heavily litigated topic is the determination of who is required to pay for unallocated post secondary education expenses, and how much of the expense should be borne by parents.
Divorce Decrees and Post Secondary Expenses
If an obligation to pay expenses is explicitly contained in a divorce judgment, even when the amount to paid is left out, the non-petitioning party will typically be required to pay college expenses incurred pre-petition. When a divorce decree does not provide for a child's post-secondary expenses, this issue is often reserved by general language that states that the parents “shall contribute” in such a way that will be decided in the future. Such allocations are typically not decided at the time of divorce, because it is unclear what sort of education the child will pursue, where this education will take place, and how much it will cost. The best practice is to file a petition for expenses before the child's first year in school. However, these petitions can be filed anytime while the child is in school, and even after the child has graduated and incurred all of the expenses necessary for their post secondary education.
What is a Statutory Summary Suspension?
In Illinois, if you are convicted of driving under the influence, you can lose your driving privileges as a consequence. One of the common terms used in relation to DUI cases is statutory summary suspension. You can receive this suspension if you refuse to submit to a chemical test or if you fail a chemical test after you have been pulled over for DUI.
For a first offense failing your chemical testing, you will lose your driving privileges for 6 months, although you might become eligible for a monitoring device on the 31st day of your suspension.
For a second or further offense, you will lose your driving privileges for one year. While it is true that you do not have to submit to chemical testing, there are consequences. For a first offense, if you refuse to submit to chemical testing, you will have your driving privileges suspended for 12 months. A qualified attorney can help you fight your charges.
What You Need To Know About the Illinois Breath Alcohol Ignition Interlock Device
There are some serious consequences for individuals convicted of driving under the influence in Illinois. The first step you should take if you are accused of driving under the influence is to reach out to a criminal attorney for case management. An experienced criminal lawyer will take your case seriously and you should, too. Don't let a DUI conviction dampen your future.
One of the most common questions that individuals charged with DUI tend to ask is whether they will be able to drive on a suspended license. This is only eligible for first-time DUI offenders and is known as driving relief. You initiate this process by submitting an application for a Monitoring Device Driving Permit to the Secretary of State. This same office is responsible for reviewing the data from the BAIID for the duration of the permit. If a driver were to attempt operating the vehicle under the influence of alcohol, the Secretary of State's office would be notified immediately.
Tips For Emotional Stability During Divorce
Divorce is one of the most difficult and challenging undertakings a person's life. While many divorces can lead to greater personal happiness, less stress, and a generally better life, the actual process can be sad and lonely. Despite how common divorce is—some statistics cite that 50 percent of all marriages end in divorce—it doesn't mean it's easy. Divorce, according to the Huffington Post, encompasses several difficult processes at once—“having to relocate, deal with the pressures of becoming a single parent, helping your children transition, etc.” are just some of the more challenging aspects of any marital split.
A recent Gallup poll reported by the Huffington Post found that “divorced individuals score significantly lower than married individuals on several measures of well-being including physical and emotional health.” During the divorce process, staying healthy can be especially hard. This can be particularly true “for women who wear so many hat that maintaining their well-being often falls to the bottom of the proverbial to-do list,” according to the Huffington Post. “Even when it's not in the throes of a divorce, women are more likely than men to experience depression,” the Huffington Post reports. Here are three tips that can help anyone come through a divorce emotionally on top.
Considering Stock Options in Settlement Agreements
Divorce can be a trying time full of anguish and stress. Creating a settlement agreement that both parties can agree on can be expensive and time consuming, especially if significant investments and other assets are involved in the division of marital assets. Couples getting a divorce must be careful to always consider stock options received from employers when drawing up settlement agreements. Oftentimes stock options are forgotten during divorce proceedings. This is a mistake, as stock options have the ability to affect the division of assets upon divorce, as well as future support awards.
What Are Stock Options?
Stock options are awards given to employees by their employer. This award provides an employee with the right to purchase company stock in the future with his or her own money. Typically, the price stock can be purchased at is dependent on the company's stock price as of the time that the stock option award was made. The characterization of a stock option is crucial. Some stock options are awarded as compensation for accepting a salary reduction. If this is the case, the income derived from such an option could be considered a forfeited wage, and thus a part of alimony support. Another way an option can be characterized is as an additional compensation benefit granted for being employed by the company. In this case the income derived from the option could be considered an investment, and thus a marital asset that should be divided upon divorce.
New Laws Governing Social Media Websites and Your Child
In the last few decades the field of family law has expanded beyond just divorce, marriage and custody proceedings. This shift is exhibited by the new Illinois social media law, aptly titled The Privacy in the School Setting Act, also known as Illinois Assembly House Bill 0064 (“HB0064”). The family law attorneys here at The Law Offices of Cosmo Tedone and Barbara Morton, P.C. can help you navigate this new law governing social media and the privacy of the youngest members of your family.
On January 1st 2014, HB0064 officially went into effect. Under this law, post secondary schools (colleges and universities), as well as elementary and secondary schools, have strict requirements placed on them when attempting to access a student's social media profile. Under HB0064, if an elementary, middle, or high school would like to access your child's social media profile, the school must first provide you with a specific notification that they have the right to do so, before requesting any relevant account information. Furthermore, the school must have reasonable cause to believe that the social media account or profile in question violates an official school disciplinary policy or rule. The rule for students in colleges and universities is simpler, holding that it is unlawful for post-secondary schools to require disclosure of account information by a student, and it is also unlawful to request relevant student account information from a student's parents.
Changes Coming To Illinois Joint Custody Laws
On January 1st, 2014, a new law concerning Illinois joint child custody rules went into effect. Illinois General Assembly House Bill 2922 (“HB 2922”) amends the current Illinois Marriage and Dissolution of Marriage Act, and provides both parties to a joint custody and/or visitation agreement with a "right of first refusal" concerning the childcare of a minor child.
HB 2922 amends the Illinois Marriage and Dissolution of Marriage Act, and provides parties who share joint custody of a minor with a “right of first refusal” regarding childcare chosen for their minor child. Under the amended law, if either parent/guardian needs to leave the child for four hours or longer, that same parent must first provide the other party sharing joint custody with the opportunity to watch the child in lieu of using alternative childcare. Thus, a party with joint custody must allow the other party the chance to care for the child before using a babysitter, family member, or secondary spouse for childcare purposes.
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