Recent Blog Posts
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.
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.
Mediation: The Cheaper, Friendlier Way to Divorce
If you are considering filing for divorce or have already done so, know that going to court is not your only option. There are other ways to complete your divorce, such as mediation and collaborative divorce. These methods are collectively known as alternative dispute resolution, which covers a wide range of non-litigative ways to resolve legal issues. In Illinois, the laws related to mediation and mediators are outlined in the Uniform Mediation Act.
There are many benefits that come with choosing mediation for your divorce. Many couples who choose this option report higher levels of satisfaction with their divorce settlements and better relationships with each other following their divorce. These benefits are derived from the greater level of control that couples who choose mediation have over their divorces than those who go through the traditional divorce litigation.
Drunk Driving Is Not Necessary to Celebrate Independence Day
In just a couple of weeks, the United States of America will celebrate its 239th birthday. Despite the various issues facing our country and regardless of the disagreements between political parties, we are proud to be Americans and are grateful for the many freedoms we have been afforded. At the Law Offices of Tedone and Morton, P.C., we look forward to the celebration our independence this July 4th as much as anyone, and we encourage you to enjoy the festivities safely. Be careful around the grill and with fireworks, but, most importantly, do not drink and drive. A DUI is simply not worth it.
Deadly Holiday Weekend
While specific estimates tend to vary from source to source, the overall concern is undeniable. Independence Day is among the deadliest days of the year on the countries roadways. According to an analysis conducted by the AAA Foundation for Traffic Safety, more people were killed in motor vehicle accidents on July 4th between 2000 and 2009 than on any other day of the year.
Understanding Child Custody in Illinois
Every year in Illinois, thousands of individuals end their romantic relationships with their significant others. A large number of such couples are also parents who are now faced with determining arrangements regarding the care and support of their children. Among the most important of these considerations is reaching an agreement on child custody, and understanding the various aspects of custody is an integral part of the process.
Physical Custody
The concept of physical custody is perhaps best described as the child's living arrangements. In most situations involving unmarried or divorced parents, one parent, often the mother, will be given primary physical custody of the child. A parent with primary physical custody may also be known as the residential parent, since the child lives with that parent a majority of the time. A large number of family situations involve some sort of shared physical custody arrangement.
Illinois Senate Passes Marijuana Decriminalization Bill
After getting through the Illinois House last month, legislation aimed at decriminalizing low-level marijuana possession passed the Senate this week. The bill's sponsors, however, have indicated that the measure is not ready to be sent to the governor's desk just yet, as some details in the application of the intended law must still be worked out. Under current Illinois law, the possession of small amounts of marijuana can result in criminal charges, with potential penalties of up to $2,500 and a year in prison. The new legislation would change the consequences of possessing up to 15 grams of cannabis to an offense similar to a traffic violation. It would be treated as a non-criminal offense and carry a fine of up to $125 with no arrests or formal prosecution.
Despite his personal beliefs about the use of marijuana, one of the bill's sponsors in the Senate, Michael Noland, D-Elgin, said that people's lives should not be ruined because of it. “It's wrong,” he said, “and I would encourage the children of this state and my own children to abstain from the use of the substance, but people do use this, and it should not be something that ruins social lives and professional lives as well.” Other proponents of the measure point to overcrowded prisons and court system backlogs. Decriminalization is seen as one way to address some of those problems.
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