Recent Blog Posts
What Can I Do if I Have Been Charged with Possession of Drug Paraphernalia?
Although marijuana was legalized for recreational use in Illinois, other controlled substances continue to be illegal without a prescription. Possession of an illegal drug carries charges and penalties that can vary according to substance; for example, having even .05 grams of heroin, which is a Schedule 1 controlled substance, allows for felony charges, including prison time.
In addition to the illegality of using or selling controlled substances, drug paraphernalia - such as pipes, bongs, or hypodermic needles - is illegal to possess or sell as well. Charges of possession of drug paraphernalia are serious and Illinois is notoriously hard on drug crimes. In this blog post, we will answer some general questions about drug paraphernalia charges, but each case is unique and a qualified Illinois criminal defense attorney is the best person to answer your questions.
How Are Child Support Payments Calculated in Illinois?
Illinois family law is primarily interested in preserving the best interests of children. Because both parents have a financial obligation to support children, child support payments must be calculated when parents get divorced. This can be a stressful experience for both parents, and a certain amount of anxiety and frustration is normal.
Calculating child support payments in an Illinois divorce or child support order modification is done according to a formula, but it is not a simple process. Illinois uses a process known as the “income shares method” to determine each parent’s financial obligation and whether one parent must make payments to the other. We will discuss this method in some detail below.
How Does a Parent’s Income Influence Child Support Payments?
Both parents must share their gross monthly income in a financial affidavit with supporting evidence like pay stubs or W-2s. Then, using a standardized chart, the parents’ gross incomes are used to estimate their “Standardized Net Income.” By combining each parent’s Standardized Net Income, child support payments are then estimated using the Income Shares Schedule chart to determine the total child support amount parents must contribute. Then, according to the percentage of the parents’ Combined Net Income each parent earns, as well as how much time each parent spends with the child, final monthly payments are determined.
Does Being Pregnant Change the Divorce Process in Illinois?
The prospect of divorce in Illinois brings with it a host of questions and issues that must be resolved. Because pregnancy also raises complex questions and difficulties, it is no wonder that getting divorced while one spouse is pregnant presents unique concerns.
People who are considering divorce but are unsure of how a pregnancy would change the process often have many questions. In this blog, we will answer some of the most common questions about combining these two important processes, but readers should keep in mind that a qualified Illinois divorce attorney is the best person to go to for help.
Is a Simplified Divorce Available to Pregnant Couples?
Many young couples who have not been married for long and who do not share complex assets can file for a simplified divorce, which is generally easy, faster, and less costly than a contested divorce. But simplified divorces are only available to couples who do not have children or who are not pregnant.
Can a Parent Be Ordered to Pay College Tuition as Part of Child Support?
Divorced parents in Illinois often feel relief at the prospect of seeing child support payments end when their child turns 18 or graduates from high school. Of course, this does not signal the end of the parent’s support for the child but instead marks the end of one parent making payments to another parent on behalf of the child.
But divorced parents should be aware that certain circumstances exist wherein they may be ordered to financially support their child even after the age of 18. A court order to assist a child with college expenses is one such case. Understanding how Illinois law works in this regard is important for ensuring you meet your legal obligations.
When Can Parents Be Ordered to Pay College Expenses for an Adult Child?
Interestingly, Illinois courts do not have the authority to require married parents to pay for their child’s college expenses. But if the parents are divorced or were never married, the courts do have this authority. This kind of child support is called “non-minor support.”
What Happens if an Underage College Student Gets a DUI in Illinois?
It is a well-known fact that colleges and universities are often hotbeds of reckless underage drinking. More than half of college students admit to riding in a car knowing the driver was under the influence, and college-age students represent an outsized share of drunk driving accidents.
Because of the inherent dangers of driving while drunk, Illinois takes driving under the influence (DUI) charges very seriously. At any age, getting hit with a DUI has expensive and long-lasting consequences, but the penalties faced by underage college students can be particularly damaging to a young adult’s future.
What Is a Zero-Tolerance Law?
Illinois law states that a minor who has even the smallest amount of detectable alcohol in their system while driving can be charged with an underage DUI and have their driver’s license suspended for three months to a year.
If an underage driver has a blood alcohol content of .08 percent or above, they can face standard adult DUI charges with more serious penalties. These include up to a year in jail and as much as $2,500 in fines. Underage drinkers charged with a DUI can also be charged with possessing, consuming, or buying alcohol.
Three Facts About the Right of First Refusal
Parents in Will County, IL who are getting divorced or modifying their joint parenting order must create a legally binding document stipulating the decision-making responsibilities and parenting time schedule of each parent with their child. This document is called a “parenting plan.” Parents are encouraged to work together to create a parenting plan that meets the needs of the children while making sense for both parents.
The “right of first refusal” is an important piece of any parenting plan. Designed to maximize the time a child can spend with each parent, the right of first refusal requires divorced or separated parents to contact each other, rather than a babysitter or family member when they need additional child care. This article contains three helpful facts about the right of first refusal in Illinois. If you have any questions about the right of first refusal, contact a Lockport family law attorney right away.
Is it a Good Idea to Use Online Legal Services for Divorce in Illinois?
Now more than ever, technology allows us to do all kinds of things online. Activities that were only possible face-to-face just ten years ago have now become ubiquitous in the online world. Among the explosion of online utilities now available is a wide variety of legal services that allow users to do anything from creating a will to getting a divorce.
These services advertise themselves as easy, less expensive alternatives to in-person legal counsel from a qualified attorney. Although in some cases this may be true, it is certainly not always wise to use online divorce technology, and doing so may end up costing you significant amounts of time and money in the long run.
Is it Ever a Good Idea to Use Illinois Divorce Websites?
There are many reasons that a “do-it-yourself” divorce may seem appealing. Low costs, faster processing time, and fewer complications all sound great - especially if you are trying to separate from a hostile spouse as soon as possible.
How Does DNA Paternity Testing Work in Illinois?
For children who are born to married parents, establishing paternity is easy: The mother is obviously the mother, and the mother’s husband is assumed to be the father. However, when two people are not married, establishing the parentage of a child can pose some challenges.
Parents must seek to establish legal paternity for their child another way. Because Illinois law is deeply concerned with the wellbeing of a child and seeks involvement and support from both parents, courts will often issue Orders of Paternity in order to establish who is the child’s legal father. Before a court does this, however, it will need to determine who is the father; for this reason, genetic testing is often used.
What Is Genetic Testing?
We receive our genes, or genetic material, from two people: Our father and our mother. DNA testing compares the genes of a child to the genetic material of his or her parents. This DNA can be obtained in a variety of ways, including blood, hair, bone, or other body fluid samples, but the most common method of gathering DNA is through a simple cheek swab. This does not hurt a child.
What is the Difference Between Assault and Battery in Illinois?
Illinois criminal law divides criminal conduct into two main categories: Crimes against property and crimes against a person. If a thief broke into a home and stole money, but nobody else was home, then the thief committed an offense against property. However, if the same thief confronted someone on the street with a gun and stole their wallet, the crime is robbery and is considered an offense against a person.
Assault and battery are both offenses against a person. Because assault and battery are often discussed in the same context, many people believe they always happen together or are the same crime. However, assault and battery are two distinct legal offenses that describe different behaviors and carry different penalties.
What is Battery?
The crime of battery is committed when one person, without legal authority or justification, intentionally causes bodily harm to another person or makes physical contact in a way that insults or provokes the victim. Serious physical harm does not have to take place in order for someone to be successfully prosecuted with battery. A single slap, punch, or even finger poke in the chest could be considered battery.
What is the Best Way to Tell Our Children We are Getting Divorced?
Even under the best of circumstances, Illinois parents getting divorced with young children at home face a number of difficult challenges. In addition to the loss of the relationship, parents must figure out how to tell the children about the divorce and attempt to help them process their emotions.
Professionals in divorce and child psychology have developed strategies for minimizing the negative impacts of divorce on children and families. With careful planning and a commitment to avoid blame and hostility, parents can help children through the transition so they may continue to have healthy, loving relationships with both adults.
Practice the Conversation Together First
Experts suggest planning and practicing what you will share with your children ahead of time. Choosing the right words can be difficult in the heat of the moment. A practiced conversation can help parents avoid conflict and strong emotional reactions, allowing them to focus on the child’s reaction and needs.
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From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
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