Posted on October 05, 2017 in Kane

Divorce and family-related legal proceedings are difficult on all parties involved. It can get infinitely more challenging when a parent is struggling with mental illness. However, the mere existence of mental illness or neurological variance should not be grounds for loss of parental responsibilities, formerly called child custody. Every person is entitled to a fair evaluation of his or her legal competency.

Legal Competency

When a parent is mentally ill, the issue becomes one of mental capacity, which is used to determine a person’s legal capacity to parent. Unfortunately, many times, that capacity is assessed by outdated benchmarks, by biased people. Recent statistics by the National Council on Disability shows rates of child removal from a home where one parent has a psychiatric or intellectual disability are as high as 80 percent. This is manifestly unjust for both parent and child. A parent’s disability may be considered when determining the best environment for a child, but making a blanket determination without an appropriate review is wrong.

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 Posted on October 02, 2017 in Main

When you and your spouse make the decision to get a divorce, your assets must be valued in order to determine a fair split of the property you accumulated during the marriage. One of the most complex valuations you will experience is the appraisal of any business you own together. Business valuations can quickly grow contentious and accusatory, and having the right attorney on your side may make the difference between an equitable settlement and a long drawn-out battle.

Potential Points of Contention

Unless there is a prenuptial agreement governing the distribution of the business shares, a business that is determined to be a marital asset is subject to division during a divorce. When a couple has worked in the same business, it can be quite difficult to tell what effect each person has had on the company as opposed to their collective effort. One of the most common problems encountered in business valuations is the perception of each spouse and how it may radically differ. For example, one spouse may look at the business and see the worst-case scenario, while the other may see only growth. It tends to depend on who is leaving and who is staying.

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 Posted on September 28, 2017 in Main

If you have ever been arrested and charged with a crime, the arrest becomes part of your criminal record, even if the charges are eventually dropped. Prospective employers and other individuals or entities who conduct criminal background checks are able to see the record of such arrests, often leading to embarrassing questions and the denial of certain opportunities. Of course, if you were convicted on criminal charges, you are likely to find even more doors that are closed to you as a result of your history.

In recent months, however, Illinois lawmakers have taken steps toward helping those who may have blemishes in their background rebuild their lives and gain renewed access to occupational and educational opportunities. On August 24, 2017, Governor Bruce Rauner signed House Bill 2373 that dramatically increased the number of offenses eligible for record sealing, giving thousands more Illinoisans the possibility of a fresh start.

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 Posted on September 26, 2017 in Kane

Over the last few years, the American Association of Matrimonial Lawyers (AAML) has reported that a solid quarter of its members are seeing an uptick in disputes over the custody of a family pet during divorce proceedings. While pets are often legally classified as property, pet owners know better. They are real, genuine members of the family who give love and affection and ask for very little in return. However, if your divorce goes badly, or if both you and your spouse have strong feelings about your pet, you may wind up in a difficult battle over your furry friend.

Property Law Applied to Pets

Despite your very strong feelings on the matter, a pet is considered to be property for the purposes of a divorce proceeding. That means that the animal is subject to the agreement you and your spouse reach regarding the division of your property, unless you have established more specific provisions beforehand (such as, for example, in a prenuptial agreement). Courts do, however, recognize that the situation is somewhat unusual, as most property is not sentient nor does it have feelings.

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 Posted on September 19, 2017 in Main

Sometimes, life changes simply happen. A good job may evaporate, a relationship may end, or another factor may serve to significantly change your financial reality. When this happens, it may affect your child support payments. Failing to comply with your obligations will lead you into considerable trouble, but there are ways to modify your payment.

How Child Support Is Calculated

As of July 1, 2017, child support payments in Illinois are calculated using a formula based on both parents’ income and the number of children being supported. It sounds self-evident that your support payments should change when your income does, but for a variety of reasons, many parents do not petition for a change in payments immediately. Some believe that their circumstances are temporary so modification is unnecessary. Others are too ashamed to admit their loss of income. Some simply believe that they can handle what they think is a “personal matter” on their own.

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 Posted on September 12, 2017 in Kane

When marital assets are discussed, the first things to be divided in divorce are usually homes and vehicles. There is, however, another type of asset that can arguably be more important: insurance policies of any kind, most specifically life insurance. Insurance policies can have significant payouts and can tip the balance in terms of property and asset division.

Child Support and Life Insurance

In Illinois, if you have children, it is not uncommon that a court may ask you and your spouse to maintain life insurance policies on yourselves as both a way to provide for the children in an emergency and a way to secure a child support obligation. The reasoning is not to give the former spouse a payday in the event of your death, but to ensure that your children are adequately provided for. Some former spouses hesitate to do this, but it is almost always the quickest and easiest way to ensure that your children are protected. Also, it is very often the case that the obligation to maintain life insurance results in a slight offset of child support expenses for the paying parent.

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 Posted on September 05, 2017 in Main

If you are a parent who has recently separated or divorced your spouse, you may be unsure of how to navigate the new school year now that you are not with your child’s other parent. Luckily, there are some steps you can take to make the school year go more smoothly and help your child be as successful as possible.

Have a Team Mentality

Recently, a picture has been making the rounds on social media. It appears unremarkable at first, as it shows two women, one on either side of a small girl holding her hands while walking through a school. What makes the picture special is that one of the women is the girl’s biological mother and the other is the father’s new girlfriend. The two women admit that it took about a year for them to reach this level of cooperation. It is not always easy to work together with an ex or an ex’s new partner, but doing so will only benefit your child. If possible, both parents should drop their child off at school on the first day. They should also attend meetings and parent-teacher conferences together. This not only ensures that all adults are on the same page when it comes to the child’s academic life, but is also a fantastic example to the child of how to overcome differences.

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 Posted on August 28, 2017 in Main

Nobody should be forced to endure sexual harassment or sexual assault without repercussions for the perpetrator. Yet every day, it seems, there are more and more stories of people—often women but not always—being victimized by coworkers, supervisors, and associates. Not even the most recognizable celebrities in the world are immune from such issues, as a recent case out of Colorado clearly demonstrates.

It all started in 2013 when world-famous pop star and entertainer Taylor Swift was at a meet and greet with a Denver radio station disk jockey. According to Swift, the 55-year-old DJ was posing with the singer for a photograph when he reached under her skirt and groped her. Swift was appalled by the assault and reported it to the radio station. The DJ was subsequently fired from his position. He denied that any sexual assault took place and claims that he was wrongfully terminated because of the incident. He then sued Swift and two other individuals in 2015. Taylor Swift brought a countersuit for a symbolic one dollar, and the case went to trial earlier this month.

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 Posted on August 18, 2017 in Main

Spousal maintenance, though not presumed to be necessary in Illinois, is often made mandatory by judges looking to ensure that each spouse is able to maintain him- or her-self after a divorce. Several years ago, the process for determining maintenance obligations in Illinois was a lightning rod for controversy, as rulings varied widely depending on the particular county or judge in question. In early 2015, significant changes were made leading to today’s more standardized law. Still, determining or modifying spousal maintenance remains a complex endeavor.

A New Standard

The formula for determining the amount of maintenance changed about two and a half years ago with the passage of an amendment to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Previously, spousal support had been determined almost entirely by a judge’s discretion, though there was (and still is) a list of factors that judges had to consider while making the determination. The amended law introduced a standardized formula for most situations and urged judges to exercise a narrower breadth of discretion in the cases for which the formula did not apply.

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 Posted on August 15, 2017 in Kane

Illinois is a state that utilizes the equitable distribution theory of asset division when a couple is divorcing. This means that any assets acquired during the marriage will be divided fairly between the parties, based on a number of factors like future earning potential. However, what many forget is that this is true for marital debts as well. If a debt is incurred during the marriage and classified as marital, the responsibility to repay it may be divided between the parties.

Defining Marital Debts

Not every debt incurred during your marriage will automatically be classified as marital. If you incur a debt related to a non-marital asset, such as a loan related to a non-marital business, it could be held to be a non-marital debt. So, for example, if you purchase a second automobile with income generated from a non-marital business, sign a loan as an individual, and do not list your spouse on the title or the insurance, it is, in theory, a non-marital asset and the loan used to finance it is a non-marital debt.

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