Posted on July 13, 2022 in Main

Child support payments can vary significantly. Some people pay less than a hundred dollars a month toward child support, while others pay several thousand dollars each month. In Illinois, the exact amount a parent pays in child support is typically determined by a statutory formula described in Illinois law. However, Illinois courts have the authority to deviate from the child support guidelines in certain situations.

Courts Can Deviate from the Income Shares Formula

The Income Shares calculation method uses the parents' net incomes to reach an appropriate payment amount. Most of the time, Illinois courts follow these statutory guidelines for child support calculations. However, Illinois law allows courts to deviate from this calculation method if using the guidelines would be unfair to either party or not in the child's best interests.

Each situation is different. Sometimes, courts need to deviate from the child support guidelines because a child has extraordinary medical needs. For example, a child with severe cerebral palsy may need extensive medical treatment and in-home care. The child support order may need to be adjusted to account for these needs. In other cases, following the guidelines would result in a child support payment amount that exceeds the child's needs or the obligor's ability to pay.

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 Posted on June 30, 2022 in Kane

Divorce is never easy, but some spouses are intent on making the divorce process as difficult and miserable as possible. A spouse may avoid signing paperwork, fail to show up at court hearings or mediation appointments, spread rumors about the other spouse, or simply refuse to cooperate. Some spouses even resort to childish games and mind tricks during a divorce. If your spouse is making your life miserable during your divorce, know that you are not alone. This is an issue that many people deal with. There are litigation tools to help prevent your spouse from acting this way, which may be enable you to mitigate the effects of his or her actions.

Work With an Attorney Who Understands What You Are Going Through

When choosing a divorce lawyer, make sure you find an attorney who is experienced in contentious divorce cases. Each lawyer has their own unique skill set and experience. You need someone who will not fall for your spouse's tactics and will strongly advocate on your behalf during the case. If needed, your lawyer can handle communications with your spouse and his or her attorney for you. Your lawyer can also handle settlement negotiations, filing of court documents, and other aspects of the divorce case.

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 Posted on June 21, 2022 in Kane

Child support is an important source of financial support fordivorced and single parents. Unlike spousal maintenance or other divorce issues, divorcing parents cannot determine the terms of child support on their own. Because financial support from both parents is considered a child's natural right, parents cannot generally choose to forgo child support.

Illinois now uses the Income Shares formula to calculate how much a parent pays in child support. Support obligations are based on both of the parents' incomes so the payment amount is reasonable and affordable given the parents' financial circumstances.

Some parents choose not to work or intentionally work at a lower-paying job to reduce their child support obligation. In situations like this, Illinois courts may use the parent's “imputed income” to calculate child support.

Estimating a Parent's Potential Income For Child Support

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 Posted on June 21, 2022 in Main

When it comes to sexual harassment, prevention is key. The more employers, managers, supervisors, and employees understand how to prevent and recognize sexual harassment, the better. Illinois law already requires employers to provide sexual harassment training to employees, but Chicago has taken further steps to promote harassment-free workplaces. The recent ordinance addresses both harassment prevention and bystander reporting responsibilities.

Amendments to the Human Rights Ordinance Taking Effect Soon

To combat the ongoing problem of workplace sexual harassment, Chicago has increased the sexual harassment prevention training requirements and made other changes to the law. Companies employing at least one employee will be required to comply with the amendment. Employers have until July 1, 2022, to implement the new policy.

The new amendment includes a statement affirming that “sexual misconduct” falls within the category of sexual harassment. Sexual misconduct is defined as behavior of a sexual nature that involves abuse of authority or position or coercion.

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 Posted on June 14, 2022 in Main

When a divorce case goes to trial, the court makes a determination on the unresolved issues. The court may hand down decisions regarding property division, child parenting issues, spousal maintenance, or other divorce matters. If a spouse disagrees with the court's decision, can they file an appeal? The answer depends on the specific facts of the case. Successful divorce appeals are rare, but they are possible in certain situations.

Filing an Appeal After Divorce

If you got divorced and you are unsatisfied with the outcome of a trial, you may be interested in filing an appeal. It is important that anyone hoping to appeal their divorce contact an attorney and get started as soon as possible because you only have 30 days from the date of the final judgment to file a notice of the appeal with the court.

Contrary to popular belief, you cannot file an appeal just because you are unhappy with how the divorce turned out. You must have grounds or legal reasons that justify the appeal. Essentially, when you appeal the court's decision, you are stating that you believe the decision was incorrect or flawed.

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 Posted on June 13, 2022 in Main

Federal and state laws protect employees from discrimination based on sex. This includes protection from sexual harassment. However, perpetrators of sexual harassment still exist. Men and women in any type of profession may find themselves the victims of hostile work environment harassment or quid pro quo harassment.

If you have been sexually harassed, one of the most important steps you can take to protect your rights is to document the harassment carefully – especially if the harassment falls under the category of hostile work environment harassment. Creating a sexual harassment log that details the instances of harassment can be invaluable whether or not the situation leads to a sexual harassment claim.

Severe and Pervasive Sexual Harassment

A single minor incident of inappropriate behavior may not constitute sexual harassment, but that can quickly change. Per the U.S. Equal Employment Opportunity Commission (EEOC), illegal harassment occurs when either:

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 Posted on June 10, 2022 in Main

If your marriage is nearing its end and divorce is inevitable, you may be interested in alternative resolution methods like divorce mediation. Mediation is a process during which divorcing spouses discuss divorce issues like asset division, child custody, and spousal support in hopes of resolving the issues amicably. Mediation can be beneficial for couples hoping to avoid stressful litigation. However, mediation is not a practical solution in every divorce case.

Mediation May Help Couples Identify and Resolve Disagreements

Divorcing spouses who can reach an agreement on the relevant divorce issues can save themselves time, money, and aggravation. During divorce mediation, divorcing spouses work with a specially trained mediator who facilitates constructive conversation about how to divide property and debt, what to do with the marital home, how to share parental responsibilities and parenting time, and other crucial issues.

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 Posted on May 26, 2022 in Kane

Many people who get divorced have never participated in a legal proceeding before. The divorce process can be daunting legally, financially, and personally. Television shows and movies depicting divorce as a dramatic courtroom battle only increase divorcing parties' fear and apprehension.

Fortunately, divorce is rarely as litigious as TV shows would lead one to believe. Only a small percentage of divorce cases end up at trial. The rest are resolved through a mutually agreed-upon settlement.

If you are getting divorced, you do not have to undertake this process on your own. An experienced divorce lawyer can provide trustworthy legal advice and guidance from beginning to end.

Alleviating the Emotional Burden

Divorce lawyers offer a multitude of benefits, but perhaps the greatest benefit is minimizing the burden on the divorcing spouse. Going through a divorce is ranked as the second most stressful life experience someone can endure. Ending a marriage can be exhausting and overwhelming. When you work with an attorney, you know you are not bearing this load on your own.

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 Posted on May 24, 2022 in Main

Working Americans count on Social Security benefits to help them cover expenses after they retire. For many people in their 60s, 70s, and 80s, Social Security is their main source of income.

If you are getting divorced, you may have questions and concerns about how the divorce will influence your ability to receive Social Security benefits upon retirement. Stay-at-home parents, homemakers, and those who were not the primary earner in their marriage often worry that divorce will impede their retirement. Breadwinning spouses may wonder if their soon-to-be ex-spouse will be able to take some of their Social Security benefits, leaving them with less to live on during retirement.

Understanding Social Security Benefits

Social Security was established in 1935 through the Social Security Act. The benefits provide retirement income based on an individual's work history. Most people who have worked in the private sector for ten years or longer are eligible for Social Security benefits once they turn 62 years old. The amount of money they can receive is based on their contributions to Social Security during their working lives. People can start collecting Social Security at age 62, but they do not receive the full amount unless they wait until full retirement age.

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 Posted on May 18, 2022 in Kane

Most people assume that once their divorce is finalized, they are done with the divorce process and can relax. Unfortunately, this is not always the case. Some former spouses refuse to comply with the terms of their divorce judgment. They stop paying child support, fail to provide the spousal maintenance required, or ignore asset division terms. If your ex-spouse is not complying with the terms of your divorce, do not wait to take action. Contact an experienced divorce lawyer for help right away.

Property Division in Divorce

The division of assets and debts is often a crucial aspect of a divorce case. Property division may be resolved through a negotiated settlement between the parties or the result of a Judgment entered after a trial. Regardless of how the divorce was resolved, the spouses are expected to follow through with the final divorce decree.

If your spouse has not complied with property decisions, you can file a Petition for Rule to Show Cause. The court may charge the non-compliant spouse with contempt if he or she refuses to comply

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