Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

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Will County family law attorney parenting time

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.

Parenting Time Schedules and Parental Rights

Parenting time refers to the time a parent spends directly caring for his or her child. Parents must include a parenting time schedule or a detailed method for determining the allocation of parenting time in their parenting plan. When it comes to parenting plans, the more detailed, the better. Do not forget to include parenting time arrangements for holidays, school breaks, and other special occasions.

Parents will also need to address several other issues, including but not limited to:

·        How the child will be transported between the parents’ homes

·        How any future proposed changes to the parenting plan should be handled

·        How the child will communicate with a parent during the other parent’s allotted parenting time

·        What will happen if a parent cannot fulfill his or her assigned parenting time

·        How any future parental relocations should be handled

The parenting plan also describes the rights both parents have. Parents have the right to be informed of child-related emergencies, travel plans, medical concerns, school records, and other important matters. Parents also have the right to be informed about the other parents’ change of residence if the move constitutes a parental “relocation” according to Illinois law. There are over a dozen specific issues you will need to address in your parenting plan.

Contact a Will County Divorce Lawyer

Parents in Illinois must complete a parenting plan and submit it to the court when going through a divorce. If you are a parent who is thinking about ending your marriage, an accomplished Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. can help. Call our office today at 815-733-5350 or 815-666-1285 to schedule your free consultation and learn more.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm

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Plainfield, IL divorce attorney child support

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.

Child Support Calculations When a Parent Is Unemployed

You may be curious about how child support is calculated if a parent is not working. If you or your child’s other parent has been laid off due to COVID-19 or is otherwise out of work, you may wonder how this will affect child support calculations. Illinois courts differentiate between voluntary unemployment or underemployment and involuntary unemployment or underemployment. If a parent has been fired or laid off and makes genuine attempts to regain employment, his or her actual income will be used to calculate child support. However, if the parent quits his or her job or willingly makes less money than he or she could, his or her “potential income” may be used to determine child support. A parent’s potential income is determined using his or her past work history, education, job training, skills, and other factors.

Contact a Will County Child Support Lawyer

Divorce can be a complicated process, even after it is finalized. If you are a parent with additional questions or concerns about child support, contact a tenacious Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. Schedule your free, confidential consultation today. You can reach our Joliet office by calling us at 815-666-1285 and our Plainfield office at 815-733-5350.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

Plainfield, IL criminal defense attorney robbery

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.

Possible Defenses Against Robbery Charges

To secure a conviction for robbery in Illinois, the prosecution must prove several elements. They must prove that:

  • You took property directly from a person or took the property in the person’s presence

  • You took the property through the use of force or the threat of force

  • You possessed a weapon at the time of the offense (if you have been charged with armed robbery)

The prosecution must prove these elements “beyond a reasonable doubt.” This burden of proof is the highest and most difficult to attain. You may be able to avoid a conviction if you and your attorney can show that the burden of proof has not been met. Often, this is accomplished by showing that the evidence against the criminal defendant is not substantial enough to meet the high standard needed to convict someone of a crime. It may also be accomplished by presenting evidence that negates the allegations brought against the defendant. For example, if the defendant can prove that he or she was at work at the time of the robbery, the prosecution may be unable to overcome this alibi. Evidence such as eyewitness statements, security camera footage, and police reports may be used to strengthen a criminal defendant’s case.

Contact a Plainfield, IL Criminal Defense Lawyer

If you or your loved one is facing charges for robbery in Illinois, contact the Law Offices of Tedone & Morton, P.C. We can help you build a strong defense against the charges and ensure that your rights are not violated. Call the Joliet office at 815-666-1285 or the Plainfield office at 815-733-5350 to schedule a free, confidential consultation with our reputable Will County criminal defense attorneys.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&SeqStart=61900000&SeqEnd=62600000

Joliet, IL criminal defense attorney 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.

If this is your first DUI charge, you face an immediate six-month driver’s license suspension called a statutory summary suspension. Once your driver’s license has been suspended, you may not drive any motor vehicle by law. Once the suspension period ends, you are permitted to drive. However, if you are convicted of driving under the influence, you may face driver’s license revocation, which differs significantly from a license suspension.  

Drivers Convicted of DUI May Have Their Licenses Revoked

Being charged with a crime is not the same thing as being convicted of a crime. A person who is charged with DUI has been formally accused of driving under the influence. If a defendant pleads guilty to driving under the influence or is found guilty in court, he or she is then convicted of DUI. If someone is convicted of DUI in Illinois, his or her license may be revoked for one year. Once the revocation period ends, he or she will be able to request reinstatement of the license. However, unlike a suspension, the reinstatement of driving privileges after revocation is not automatic. A driver will need to formally request reinstatement and attend a Secretary of State hearing in order to regain the ability to drive.

Contact a Joliet, IL DUI Defense Attorney

If you have been arrested for DUI in Illinois, your driver’s license may be suspended or revoked. This can greatly impact your daily life if you cannot drive to places, including to and from work. A tenacious Will County criminal defense lawyer from Tedone & Morton, P.C. can help you fight to retain your driving privileges. Call our Plainfield office at 815-733-5350 or our Joliet office at 815-666-1285 to schedule a free, confidential consultation.

 

Source:

https://isp.illinois.gov/TrafficSafety/DuiPenalties

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Plainfield, IL divorce attorney parenting time

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.

Consider Using Email or Text Communication if You Are Experiencing Conflict

If your co-parenting relationship is like that of most divorced couples, there is probably still a bit of resentment or anger between you and your ex. This can make effective communication difficult. One thing that has helped many co-parents communicate more effectively is technology. Email or text messages are often much less confrontational than in-person conversations. With a text or email, you can think about what you are going to say before you say it. This can help both parents avoid saying things they do not mean in the heat of the moment. There are also several computer and phone applications that can help parents keep track of child-related expenses, parenting time schedules, and other important issues. Furthermore, having a record of this communication can be very useful if parenting disputes do arise in the future.

Contact a Will County Child Custody Lawyer

Co-parenting with your ex-spouse can prove difficult, especially if you do not see eye to eye on child-related matters. If you are interested in modifying your parenting time or parental responsibilities, or you have other child custody concerns, a distinguished Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. can help. Call our Plainfield office today at 815-733-5350 or our Joliet office at 815-666-1285 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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