Recent Blog Posts
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
There are many myths regarding police conduct during interrogations and investigations. One popular myth is police officers must always identify themselves as police. You may have heard that a law enforcement officer has to tell you that he or she is a police officer if you ask him or her. This is simply not true. Police are authorized to lie about their identity – even when directly asked.
What Must Be Included in an Illinois Parenting Plan?
Divorce is challenging regardless of the circumstances; however, a divorce involving children often comes with additional difficulties. If you are a parent who is thinking about filing for divorce, you probably have questions and concerns about child-related issues. In Illinois, divorcing parents are asked to create a “parenting plan” that outlines how they will divide parenting tasks and responsibilities. If the parents cannot agree on the terms of their parenting plan, the court will issue a decision for the parents that is in the best interest of the child.
Allocating Parental Responsibilities
Illinois law no longer uses terms like “child custody,” “visitation,” or “sole custody.” Instead, child custody is separated into two components: parental responsibilities and parenting time. Parental responsibilities describe a parent’s decision-making authority. Parents have the option to share decision-making authority as they see fit. For example, one parent may be in charge of education-related decisions while the other parent handles healthcare. The parents may also decide that one parent will be solely responsible for all of the major decisions about the child’s upbringing.
How Is Child Support Calculated in an Illinois Divorce?
Any parent will tell you that raising children can be quite expensive. Between housing, educational and extracurricular fees, groceries, healthcare, and other costs, child-related costs can be a large part of a parent’s monthly bills. Child support can be a considerable source of financial support for a divorced parent with the majority of the parenting time. If you are planning to divorce, you may be asking yourself, “How much child support does an Illinois parent receive after divorce?”
Current Method for Determining Child Support
Illinois has adopted the “Income Shares” model for child support. According to this model, both parents’ net incomes are used to determine a support payment amount that is reasonably affordable while also providing the recipient parent with the financial support he or she needs to pay for child-related costs. If parents each care for their child 146 overnights or more every year, the parents are engaged in a “shared parenting” situation according to Illinois law. Because each parent has the child a good portion of the time, the amount of child support that the recipient parent receives is reduced. In shared parenting situations, the more parenting time that an obligor parent has, the less he or she pays in support. If parents do not have the children for 146 nights or more each year, they are not in a shared parenting situation and the obligor’s amount of parenting time does not change his or her child support obligation.
How Can I Defend Myself Against Robbery Charges in Illinois?
According to Illinois law, a robbery occurs when a person took property that did not belong to him or her from another person by use of force or the threat of force. If the alleged perpetrator possessed a firearm or other weapon at the time of the offense, he or she may be charged with armed robbery. If you or a loved one have been arrested and charged with robbery, you may be shocked and unsure of what to do next. Being charged with a violent criminal offense has the potential to change the alleged perpetrator’s life forever. An experienced criminal defense attorney can help you build a strong defense against the criminal charges.
Penalties for Robbery in Illinois
Robbery is typically a Class 2 felony in Illinois punishable by up to seven years’ imprisonment and a fine of up to $25,000. If the robbery took place at a rehabilitation facility, church, school, or childcare facility, or the offense was committed against an elderly or disabled person, robbery becomes a Class 1 felony punishable by up to 15 years in prison. Armed robbery is a Class X felony. In Illinois, Class X felony offenses may result in life in prison. As you can see, the criminal consequences of robbery or armed robbery are severe. It is important to get started on your defense right away.
Will My Driver’s License Be Revoked If I Am Charged With DUI?
Drunk driving causes thousands of accidents each year in the United States. In an effort to curb driving under the influence of alcohol and drugs, states have instituted harsh penalties for impaired drivers. Under Illinois law, anyone who drives a motor vehicle while impaired by drugs or alcohol faces several criminal and administrative penalties. If you are convicted of driving under the influence (DUI), you may face revocation of your driver’s license. An experienced criminal defense attorney can help reduce your charges and reinstate your driving privileges.
Penalties for Being Arrested and Charged with Drunk Driving
Most drunk driving arrests happen during a traffic stop. If police suspect that you are under the influence, he or she will likely use a handheld breath test such as a Breathalyzer to test your breath for alcohol. The officer may also ask you to complete a field sobriety test during which you perform balance and coordination-based tasks. If your blood alcohol content (BAC) is 0.08 percent or more or you are notably impaired, you may be arrested and charged with DUI.
New Year Resolutions for Illinois Co-Parents After Divorce
Whether you were never married, you are in the middle of a separation, or you are already divorced, co-parenting with an ex is a very challenging responsibility. This is especially true if you and your ex do not agree about parenting time, parental responsibilities, or other child-related issues. There is no one-size-fits-all approach to sharing custody of your child with an ex. However, there are some strategies that have proven to be helpful for many parents as well as the children in their care.
Take an Honest Look at What Is Working and What Is Not
You and your child’s other parent probably share at least one thing in common: You both want what is best for your kids. The end of the year can be a great time to evaluate what is working and what is not working regarding your co-parenting arrangement. If you decide that some changes would help things run more smoothly, you have the option of modifying your parenting plan. To do so, you will file a petition to modify the parenting plan with the court. Then, you and the other parent will attend a hearing in which you explain your reasons for requesting a modification. Illinois judges grant parenting plan modifications when they believe that the change is in the child’s best interests.
How Is Marital Property Divided in an Illinois Divorce?
One of the most important matters that must be resolved in a divorce is the distribution of marital property. When a couple marries, they typically combine their finances – either intentionally or unintentionally. Undoing this financial entanglement is often complex. Spouses may not even be aware of what their property rights are during a divorce. This is why it is important to consult with an experienced divorce attorney if you are legally ending your marriage in Illinois.
Dividing Property Using an Agreement Between the Spouses
You and your spouse can decide how you want to divide your assets without court intervention. You will first need to make a full accounting of all of your assets and debts. You can then negotiate an arrangement for dividing the debts and assets on your own, with help from your respective attorneys, or through an alternative resolution method like mediation. In order for this strategy to work, each spouse must be completely honest about his or her finances. If a spouse hides assets or lies about financial information, the negotiations will be pointless and any arrangement that is decided will be based on false information.
Illinois Residents Can Still Face Criminal Charges Related to Cannabis
Few substances have been more hotly debated than marijuana or cannabis. Some believe that this plant-derived drug offers substantial medicinal benefits while others consider it to be a dangerous gateway drug. The laws governing the manufacture, sale, and consumption of marijuana are constantly changing. As of January 2020, the possession and use of recreational or medical marijuana are legal in Illinois for residents over age 21. However, Illinois residents are still subject to many marijuana-related restrictions. Violating these restrictions can lead to serious drug charges.
Possession of More Than 30 Grams May Be a Misdemeanor or Felony Offense
Adults 21 and older are permitted to possess up to 30 grams or just over one ounce of marijuana flower and up to 5 grams of concentrated marijuana. Visitors to Illinois may possess half of these amounts. Many Illinois residents do not realize that although recreational marijuana is now legal in Illinois, there are still many ways in which the substance can lead to criminal charges.
What Are the Advantages of Signing a Prenuptial Agreement in Illinois?
Prenuptial agreements or “prenups” are often misunderstood. Some people assume that only the rich and famous can benefit from prenuptial agreements. Some even falsely believe that signing a prenup is a sure sign that the marriage will fail. Fortunately, the misconceptions surrounding prenuptial agreements and other types of marital agreements are slowly being replaced by facts. More and more individuals – especially young people – are choosing to sign prenups before tying the knot.
Opening Up a Dialogue About Finances Before the Wedding
It is no secret that financial conflicts are common during a marriage. Many married couples report that disagreements about money are the source of most of their arguments. When you create a prenuptial agreement, you and your soon-to-be-spouse will disclose your assets, debts, income, and expenses. You will have the opportunity to discuss how these assets and debts should be managed during the marriage as well as what should happen if a spouse passes away or you get divorced. These discussions are not always pleasant, but being transparent about financial issues before getting married can help prevent future financial concerns from souring an otherwise happy marriage.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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