Posted on April 06, 2021 in Kane

One of the most crucial aspects of a divorce case is the disclosure of financial information. Without a full and accurate accounting of a couple's assets and liabilities, it is difficult to make fair decisions regarding property distribution, child support, and spousal maintenance. If you are considering divorce and you or your spouse have a high net worth, the stakes are even higher. Identifying and evaluating the assets, income, and revenue are key to ensuring that the terms of your divorce are based on factual financial information.

Common Methods Spouses Use to Falsify Financial Information in a Divorce

Per Illinois law, spouses are entitled to an equitable share of the marital estate in a divorce. Before the marital estate can be divided, an inventory of each spouse's assets, income, and debts should be made. One of the first steps in any divorce case is financial disclosure. Some divorcing spouses “forget” to include sources of income or assets on their financial affidavits. Others actively hide assets by transferring the asset to a friend or colleague or physically hiding cash or valuables in safety deposit boxes or around their home. Business owners may alter business records, delay invoices, or temporarily lower prices to create the illusion of a failing business.

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 Posted on March 25, 2021 in Main

When a couple has a child together – be they married or not – both parents are legally obligated to provide financial support. Child support orders are the legal manifestation of that obligation, and they outline how much should be paid (generally on a monthly basis). Yet, often, these orders are set up when a child is young, or when a couple first divorces. What happens when life circumstances change?

When the Needs of a Child Have Changed

Children are constantly growing, changing, and evolving. It only makes sense that their needs change, too. Yet not all changes constitute a basis for a modification to a child support order. Generally, the shift in needs must be fairly significant. For example, if a child is accepted to an elite educational program, the receiving parent may seek a modification to help cover the tuition. Likewise, if a child is diagnosed with a medical condition or illness and needs extensive medical treatment, a modification may be requested..

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 Posted on March 23, 2021 in Main

If you look at Google Trends to see the recent history of the term “sexual harassment,” you can see that this phrase started being searched at a much higher rate about three and half years ago. This is no coincidence. October of 2017 marked the beginning of what has become a revolution against sexual harassment in the workplace. Before the end of that month, over eighty women had made accusations of sexual harassment against media mogul Harvey Weinstein. Allegations against other high-profile individuals quickly followed. Since then, many more women who had silently endured sexual harassment have come forward to report the behavior. Throughout this increased media attention, there has been a great deal of confusion and misinformation about terms like sexual harassment, sexual misconduct, and sexual assault.

Sexual Harassment

Sexual harassment is a term that is frequently misused. Many people use this phrase to mean undesired sexual attention, and while that can be part of sexual harassment, it is by far not the full definition. From a legal perspective, sexual harassment can only exist in the workplace. So, while the construction worker who catcalls women walking past a construction site is inappropriate and annoying, he or she is not engaging in unlawful sexual harassment.

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 Posted on March 15, 2021 in Kane

Disputes over child-related matters can often be quite contentious. The resulting bitterness and resentment can affect the relationship between the parents for years to come. Issues involving child custody—now called the allocation of parental responsibilities in Illinois—parenting time, child support, and any other concern related to children are complicated, and when parents cannot reach an agreement, the court will need to step in and make long-term decisions for the family. In some cases, the court will appoint an independent attorney called a guardian ad litem to assist in the decision-making process, and it is important for you to understand why he or she may have been appointed.

What Does a Guardian ad Litem Do?

To appreciate the reasons behind the court's appointment of a guardian ad litem (GAL), you must first understand the role that the GAL will play in your proceedings. The GAL does not represent either parent or the child; instead, he or she works essentially as an extension of the court and an expert witness. He or she has the power to investigate the family's situation by conducting interviews, reviewing documents, and examining any other relevant information. Based on the results of the investigation, the GAL provides a recommendation to the court of what the ideal outcome should be in the case. Because eligible GALs undergo specific training required by the county, their recommendations are given significant weight by the court.

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 Posted on March 11, 2021 in Main

Over the last 25 years or so, divorce rates have more than doubled for those aged 50 and over. Thought to be due, at least in part, to an increase in life expectancy, these later-life divorces have some unique considerations and risks. So, if you or someone you know is planning on filing for what the media is calling a “gray divorce,” it is important to know how to best protect oneself and financial future.

Understanding the Risks of Gray Divorce

While all divorces are considered financially, mentally, and emotionally complex, those that occur later in life carry some serious financial risks, namely a situation known as divorce-induced poverty. This is a risk of particular concern for those who have already retired or have been out of the workforce for a long period of time. In addition, women, who typically live longer than men, may experience long-lasting poverty if they do not take proper precautions during their divorce.

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 Posted on March 09, 2021 in Main

Over the last few years, stories about allegations of sexual harassment seem to constantly be in the news. The most recent reports involving high-profile personalities accused of having inappropriate sexual contact with non-consenting individuals include allegations against New York Governor Andrew Cuomo, college football coach Les Miles, and fashion designer Alexander Wang. The silver lining of these disturbing allegations is that the once-taboo subject of sexual harassment is now being talked about and considered more seriously.

Disturbing Numbers

Unfortunately, however, many reports of sexual harassment do not result in any legal action. In fact, of all the reports of workplace sexual harassment, only an estimated 3 percent to 6 percent of the cases ever make it to trial. Compare this statistic to the percentage of women who report they have been sexually harassed at some point in their lives—which is almost 50 percent—and the problem becomes very apparent.

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 Posted on March 01, 2021 in Kane

If you are a parent whose time with your child has been limited due to a divorce, it can be very difficult for you to maintain the relationship with your child that you wish to have. This may be especially true if the other parent has been granted a majority of the parenting time and you only see your child a few days each month. Illinois law, however, allows parents in such a situation to include provisions in their parenting plan that could create extra parenting time opportunities under certain circumstances.

Defining the Right of First Refusal

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), your parenting plan should address what is called “the right of first refusal” regarding your child. If you have the right of first refusal, it means that the other parent must contact you and offer you the opportunity to care for your child if the other parent would otherwise need to find a sitter or alternative childcare. Depending on how your parenting plan is structured, you may be required to offer the same opportunity to the other parent if and when you need someone to care for your child. It is important to note that including the right of first refusal in your parenting plan does not obligate you to accept every such opportunity; the right of first refusal refers to optional additional parenting time.

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 Posted on February 22, 2021 in Main

Sexual harassment has been in the news more than ever in the last few years. From famous actors to unnamed hotel patrons, women and men who have been victims of sexual harassment are making their voices heard. Sexual harassment in the workplace is a form of illegal sex discrimination.

Quid pro quo sexual harassment occurs when an employer or superior offers promotions to an employee in exchange for sexual acts or threatens to fire the employee if he or she does not submit to sexual acts. “Hostile work environment” sexual harassment refers to situations where the employee's work environment is made offensive or hostile due to sexual conduct that negatively affects the employee's work performance.

Patient Harassment is Par for the Course According to Nurses

Nursing is generally considered to be an extremely demanding career, both physically and emotionally. Nurses are responsible for tasks such as starting intravenous lines, taking blood samples, washing patients, and administering medicine, among much more. They are often physically close to their patients and many of these patients are disabled, elderly, taking medicine which can affect their cognitive abilities, or have been using drugs and alcohol. The combination of the close proximity of nurses to patients along with these other factors has resulted in many nurses being put in uncomfortable and inappropriate situations.

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 Posted on February 22, 2021 in Main

Allegations of child abuse, both real and imagined, are sadly common in many divorce cases, as emotions run high and dirty laundry may be aired. If your spouse has lodged accusations of child abuse or domestic abuse against you as a part of your divorce proceeding, it is important to know how to react so that you can protect the relationship you have with your children as well as your reputation.

Interacting With DCFS

In Illinois, the Department of Children & Family Services (DCFS) is required by law to investigate any accusation of child abuse, regardless of its source. Even if you know at the outset that the accusation is spurious, DCFS has a legal mandate to investigate, and the law must be followed. While it is understandable that you might be offended or angry at the insinuation that you would act in a negative manner toward your children, DCFS officers might take such behavior as defensiveness. This is not to say that DCFS personnel will never make unreasonable requests. If you feel that a request or order is unrealistic or inappropriate, it is generally best to consult with your attorney and possibly the court.

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 Posted on February 15, 2021 in Kane

The process of divorce can often take much longer that you expect. Depending on the circumstances of your case and the considerations that must be made, the proceedings can carry on for months and, in some situations, even years before a final judgment is entered by the court. During that time, of course, your life does not simply stop. You must continue paying your mortgage and utility bills and providing for your children—only now you are faced with managing such things on your own. For this reason, Illinois law provides courts with the authority to issue temporary orders that can offset some of the financial difficulties that many divorcing individuals face.

Temporary Spousal Support

It is not uncommon in a marriage for one spouse to earn significantly more than the other. Such an arrangement may serve a couple perfectly well while the marriage is intact, but once divorce proceedings have been initiated, things can change quickly. A financially disadvantaged spouse may file a motion for temporary maintenance with the court. Based on the circumstances as they exist at the time, the court may order the higher-earning spouse to make support payments directly to the lower-earning spouse. The court could also require the higher-earning spouse to cover certain expenses—such as those related to the marital home—for the duration of the divorce.

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