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.

“Dissipation of assets” occurs when a spouse “dissipates” or wastes property at the end of a marriage. Wasting assets has been specifically defined as using assets for a purpose not related to the marriage in a way that only benefits one of the spouses. The assets must have been wasted while the marriage was experiencing an “irretrievable breakdown” in order to count as dissipation. Case law has established that a marriage is experiencing an irretrievable breakdown when the couple is no longer trying to work out their differences and save the marriage.

Spending That is Typically Classified as Dissipation

Originally, dissipation of assets only referred to the misuse or waste of marital assets. Marital assets include the assets that are jointly held by both spouses in the marital estate. However, the law has since been amended to include non-marital assets as well. Some examples of spending that may constitute dissipation include:

• Buying an affair partner expensive gifts
• Frequently purchasing plane tickets to visit the affair partner
• Spending money on a vacation with the affair partner
• Giving the affair partner marital or non-marital property of a considerable value
• Selling marital or non-marital property to fund the affair
• Paying the affair partner’s bills or debt

If a spouse dissipates assets, the other spouse may file a dissipation claim during divorce. The spouse who was wronged may be entitled to a proportionally greater share of the marital assets during property division.

Contact a Joliet Property Division Lawyer

If your spouse spent a considerable amount of money to fund an extramarital affair, you may be able to recover this money through a dissipation claim during your divorce. To learn more, contact an experienced Plainfield divorce attorney from the Law Offices of Tedone & Morton, P.C. Call us at 815-666-1285 or 815-733-5350 and set up your free consultation.

Source:

https://public.fastcase.com/ppbqSQpNDaJE%2F8PlIk0b8Nsk8Y3wJm7haqmAUALYjgU%3D

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.

DUI Resulting in the Death of a Police or Service Animal May Be a Felony

Currently, driving under the influence is a Class A misdemeanor punishable by a year-long driver’s license suspension, a fine of up to $2,500, and up to a year of jail time. A second or subsequent DUI is penalized more harshly. If House Bill 3019 passes, killing a service animal or police dog while driving under the influence would be a Class 4 felony punished by a maximum of three years in jail and a fine up to $25,000. Having any type of criminal record can have a massive impact on a person’s life. Felony convictions often have especially significant consequences. Being convicted of a felony can substantially influence an individual’s personal reputation, employment options, and housing opportunities.

Contact a Joliet DUI Defense Lawyer

If you have been charged with driving under the influence, contact the Law Offices of Tedone and Morton, P.C. for help. Our team of experienced Will County criminal defense attorneys knows how seriously a DUI conviction can affect your life. We are prepared to help you defend yourself against the charges. To learn more, schedule a free, confidential consultation today. Call our Plainfield office at 815-733-5350 or our Joliet office at 815-666-1285.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.sj-r.com/story/news/state/2021/04/16/house-bill-makes-killing-k-9-while-under-influence-felony/7244975002/

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.

The best way to ensure that and your child will get the financial assistance you need is to petition the court for a child support order. If your child’s father is not providing financial support, he is not on the child’s birth certificate, you must establish paternity before you can ask for a child support order. Paternity may be established in one of three ways in Illinois:

• You and the father sign a Voluntary Acknowledgement of Paternity (VAP) form
• You obtain an Administrative Paternity Order through the Illinois Healthcare and Family Services (HFS) Division of Child Support Services
• You obtain an Order of Paternity through the court system

Enforcing Child Support When You Have a Court Order

If your child’s other parent is subject to a child support order but is refusing to pay, you will need to take steps to enforce the order. The Illinois Department of Healthcare and Family Services has the authority to collect child support from a non-paying parent by placing a lien or the parent’s bank account, intercepting the parent’s tax refund, collecting from unemployment benefits, and through other means. You may also enforce a child support order through the courts. The parent may have his or her wages garnished or even be held in contempt of court.

Contact a Will County Child Support Lawyer

If you need to establish paternity, petition the court for a child support order, or force a non-paying parent to pay his or her fair share of child support, a Plainfield child support attorney can help. Call the Law Offices of Tedone & Morton, P.C. at 815-733-5350 for a free consultation. Our Joliet office can be reached at 815-666-1285.

Source:

https://www.investopedia.com/articles/personal-finance/090415/cost-raising-child-america.asp

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.

DUI Involving Aggravating Factors

There are several situations in which a first-time DUI is a felony offense in Illinois. A DUI may be classified as a felony if certain aggravating circumstances are present. Driving a school bus under the influence, DUI resulting in serious bodily harm, DUI with a suspended or revoked license, and driving under the influence without auto insurance are all Class 4 felonies in Illinois. DUI resulting in death and a second DUI with a passenger under 16 are both Class 2 felonies. If you are convicted of aggravated DUI, you face significant jail time and other consequences that have the potential to radically change your life.

Contact a Will County DUI Defense Lawyer

If you or a loved one were charged with DUI, the consequences can last a lifetime. That is why it is important to contact the Law Offices of Tedone & Morton, P.C. for help. Our team of skilled Joliet criminal defense attorneys has experience defending against both misdemeanor and felony DUIs. We can help you fight for your freedom. Call 815-666-1285 or 815-733-5350 to arrange a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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.

Certain Assets Are Hard to Value or Fluctuate in Value

Some assets are hard to divide during divorce because determining the value of the asset is difficult. Cryptocurrency such as Bitcoin or Ethereum is an alternative form of payment that has skyrocketed in popularity recently. The value of Bitcoin and other cryptocurrencies fluctuates dramatically and there are several different methods of determining its value. Retirement plans – especially pensions or defined benefit plans – are often difficult to value as well. Real estate, investments, stocks, and intellectual property may also be hard to value.

Heirlooms and Items of Sentimental Value

Family heirlooms and other property with intangible or sentimental value is another issue that may add contention to an Illinois divorce. These items may not have great worth financially, but they are valuable to a spouse for personal reasons. Dogs, cats, and other pets are often considered beloved members of the family; however, pets are classified as property per Illinois law. Heated arguments over the ownership of pets and other property of personal or sentimental significance are not uncommon during a divorce.

Contact a Joliet Property Division Lawyer

If you or your spouse own complex assets like investments, stocks, businesses, cryptocurrency, retirement accounts, or real estate, it is likely that these assets will complicate property division during your Illinois divorce. A highly skilled Will County divorce attorney from the Law Offices of Tedone & Morton, P.C. can help you negotiate a property division settlement or, if needed, advocate on your behalf during litigation. Call 815-666-1285 or 815-733-5350 to schedule a free consultation.

Source:

https://www.insidermedia.com/blogs/north-west/what-happens-to-cryptocurrency-in-a-divorce