Recent Blog Posts
Understanding the Allocation of Parental Responsibilities
Beginning in less than a month, the approach to assigning parenting responsibilities to divorced, separated, or unmarried parents will be dramatically changed in the state of Illinois. Thanks to a new law signed this past summer, the long-standing concepts of sole and joint legal custody are being replaced by a more cooperative system that, hopefully, will keep parents more focused on the needs of their child, and less on “winning” or “losing” a custody dispute.
The Power of Language
One of the most striking changes that will take effect on January 1, 2016, is the virtual elimination of the word “custody” from the law. While it may seem relatively minor, the amendment represents much more than just semantics. It actually signals a shift in the law's focus from custody, which tends to be associated with something that can won by, lost by, given to, or taken away from a parent, to the idea of parental responsibility, which is more about what the child needs and less about the parents themselves.
Standardized Field Sobriety Tests During a DUI Stop
Consider, if you will, being pulled over on suspicion of driving under the influence, or DUI. The officer asks if you have been drinking, and whatever answer you give, you are asked to step out of the car and submit chemical and sobriety testing. Based on your own memory, what are some the tests likely to be used? Will you need to recite the alphabet in reverse order? Will you be asked for the third digit of your zip code? While it may be entertaining to think of various methods that could be employed to trip up an intoxicated driver, law enforcement officers generally rely on a series of assessments approved by the National Highway Traffic Safety Administration (NHTSA) known as the Standardized Field Sobriety Test, or SFST.
What is Included in the SFST?
The SFST is a battery of three separate designed to help on-the-scene law enforcement estimate a driver's level of intoxication. These tests can be used to complement a chemical testing procedure, such as a breathalyzer, or to provide justification for a DUI arrest in the event the chemical testing is inconclusive or otherwise not available.
Parental Relocation Guidelines to Change in 2016
When you are subject to a child custody order, it can be difficult to make significant changes to your life without affecting your relationship with your child. This is especially true in when it comes to deciding where you want to live and pursuing out of town opportunities. The decisions of your child's other parent can also have a dramatic impact on your parent-child relationship as well, particularly if he or she attempts to move out of state with your son or daughter. Beginning in 2016, however, the law in Illinois regarding parental relocation is becoming a bit more restrictive, requiring more moves to be approved in advance by a family court.
Current Regulations
Under the existing law, a primary custodial parent looking to move with his or child is free to move anywhere in the state. While such a move may have indirect effect on a visitation arrangement, there is nothing stopping a parent from making it. This means that a parent could move with a child from northern Chicago to East St. Louis—a 300-plus mile move—and there would be little the non-custodial parent could do about it.
Misdemeanor Theft in Illinois
Under Illinois law, there are numerous ways to be charged with theft crimes. Some people mistakenly believe that just because something is a misdemeanor it is not a big deal. But, even a misdemeanor conviction for theft can affect your ability to get a job, obtain a professional license, and can land you in jail for up to a year.
What Makes Something Theft?
Illinois defines the crime of theft as taking property that belongs to someone else, without his or her permission, with the intention of using, concealing, abandoning, or depriving the true owner possession of the property.
You can also be convicted of a theft crime by stealing services. This entails knowingly getting services that are for hire, and, by deception, threats, or just knowingly failing to pay for the services, gain the benefit of the services without compensation. This could include eating at a restaurant and then skipping out on the bill.
Calculating Child Support Obligations in Illinois
If you have a child and do not live with the child's other parent, you probably realize that you may be subject to a court requirement regarding child support. By law, both parents can be ordered to provide financial child support, but that is rarely the case. It is much more common that the non-custodial parent, or the parent who does not have primary residential custody of the child, is ordered to pay. It is important to understand how the court calculates such requirements so that you can be better prepared to meet your obligations.
Percentage of Obligor of Net Income
The current laws regarding child support in the state are contained in the Illinois Marriage and Dissolution of Marriage Act, though they apply to parents who were never married as well. While many believe the existing provisions are a bit outdated in light of changing social and financial realities, proposed changes have yet to gain serious traction. Under the law, the amount that the paying party is expected to pay is to be based on his or her net income and the number of children requiring support. More specifically, a non-custodial parent can expect to be ordered to pay:
Governor Rejects PTSD as Qualifying Condition for Medical Marijuana
Illinois Governor Bruce Rauner recently rejected a measure that would have added post-traumatic stress disorder, or PTSD to the list of those which qualify patients to participate in the state's medical marijuana program. The Illinois Department of Public Health, under Rauner's control, separately announced it would not be expanding the program to include ten other conditions, including osteoarthritis, irritable bowel syndrome, and chronic post-surgical pain. The decisions come despite the recommendation of the state's Medical Cannabis Review Board to include the additional ailments.
Pilot Program Barely Underway
According to the governor's written statement, Rauner is hesitant to add anything or expand the medical marijuana program in any way until it actually gets started. Although the law creating the Compassionate Use of Medical Cannabis Pilot Program went into effect on January 1, 2014, not a single patient has been able to obtain medical marijuana legally in the state. Months of lawsuits, bureaucratic red tape, and licensing delays, have led to nearly two years of waiting as legal production of marijuana finally began earlier this summer. The first crops are expected to be ready for dispensaries sometime this fall or early next year.
Protecting Your Rights of Visitation
Anyone who has experienced it can confirm that parenting after a divorce or separation can be extremely challenging. The difficulties are often magnified for the parent who has not been granted primary physical custody of the child. If you are a non-custodial parent, you deserve to have a relationship with your child. Perhaps even more importantly, your child deserves a relationship with you, as family and child experts generally agree that the active participation of both parents in a child's life can a long-lasting positive impact.
Visitation Laws in Illinois
The Illinois Marriage and Dissolution of Marriage Act provides that a parent who was not granted custody of their child “is entitled to reasonable visitation rights.” What constitutes “reasonable,” however, will depend upon the individual circumstances of each family's situation and the child's best interests. In some cases, the parents, with guidance from the court, may develop a relative strict schedule for visitation, while in others, the parents utilize a more flexible, informal agreement. Regardless of the structure in place, you, as the non-custodial parent have the right to spend time with your child.
Drive Sober Campaign in Full Force through Labor Day
Municipalities around the country are joining forces with the National Highway Traffic Safety Administration (NHSTA) for its annual end-of-summer push to reduce drunk driving fatalities. More than 10,000 local police departments have pledged to participate in the crackdown, enforcing zero-tolerance policies for exceeding the legal intoxication limit. Authorities will be setting up sobriety checkpoints, looking for those driving under the influence and issuing citation for seatbelt violations as well.
National Awareness
The NHTSA has invested nearly $13.5 million in this year's effort, part of its ongoing “Drive Sober or Get Pulled Over” campaign. According to NHTSA statistics, approximate 10,000 people are killed every year in crashes involving drunk drivers. “Drunk driving is deadly, it's against the law, and despite years of progress, it's still a problem,” said U.S. Secretary of Transportation Anthony Foxx. Cooperation from law enforcement agencies around the country and the increased awareness efforts are serious, according to Foxx. “If you've been drinking, don't drive, because if you do, you will be stopped, you will be arrested and you will be prosecuted.”
Divorce, Separation Laws to Change in 2016
For the first time in nearly 60 years, sweeping changes have been approved to family law statutes in Illinois. In late July, Governor Bruce Rauner signed a measure to amend the Illinois Marriage and Dissolution of Marriage Act (IMDMA), along with a number of other family-related laws in the state. Originally introduced as Senate Bill 57, the new law takes aim at several areas of concern, including divorce, child custody, and parental relocation, looking to keep up with the ever-evolving family dynamic.
At-Fault Divorce Eliminated
As it currently stands, a large majority of divorce cases throughout the state are granted on the grounds of irreconcilable differences, sometimes called a “no-fault” divorce. Beginning January 1st, when the new law goes into effect, such grounds will be the only option available for those wishing to dissolve their marriages. Fault grounds, which include infidelity, mental or physical cruelty, abandonment, and excessive substance abuse, will be eliminated, as the impact of at-fault divorce is relatively minimal anyway under current law. Marital misconduct may not be legally considered in any proceedings for spousal support, division of property, or child-related matters, as long as the child is not directly affected.
Cell Phone Use While Driving Can Cost You
The next time you stop at a red light, look at the drivers on either side of you. Despite laws against it, there is a good chance that at least one of them will be using a cell phone or mobile device. While most people understand that texting while driving can be particularly dangerous, due to the inherent distraction of reading and sending message, simply talking on cell phone can be equally, if not more, hazardous. In fact, according to some estimates, cell phone use contributes to more than a quarter of all auto accidents, while texting plays a role in about five percent.
Know the Law
It is important for Illinois drivers to fully understand what is legal regarding the use of cell phones and mobile devices behind the wheel. First and foremost, text messaging and emailing from a phone or mobile device while driving is against the law for all drivers. Texting is only permitted if the vehicle is pulled off of the road and onto the shoulder, or is stopped in normal traffic patterns and is in neutral or park.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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