Posted on June 10, 2021 in Main

Achieving a child support plan between two parents who are no longer together can be a very difficult task. After the court determines a payment plan based on the parents' respective net incomes, the paying parent can fall behind on payments. Sometimes this is accidental, and sometimes it is intentional; but no matter why a parent stops paying child support, the child's well-being may be compromised when funds are not available to the receiving parent to meet the child's needs.

If you find yourself in this situation, you have options available to you.

Collecting Child Support from a Nonpaying Parent

The Illinois Family and Healthcare Services Division of Child Support Services (DCSS) is tasked with enforcing child support payments. However, you should be aware that DCSS is often underfunded and understaffed, and it can often take a very long time to resolve your case. This is why it is often best to work with an experienced family law attorney. Your lawyer can expedite the process and help you pursue the financial support you and your child need through the civil court system. Once you notify the court that the paying or “obligor” parent is not meeting their child support obligations, there will be a hearing to determine the next steps.

Continue Reading ››

 Posted on May 28, 2021 in Main

The word “dissipation” refers to wasting or squandering money or resources. In the context of divorce, dissipation refers to the waste, destruction, or misuse of property during the breakdown of a marriage. If you are getting divorced and your spouse has spent money or assets frivolously, you may be able to recoup some of these assets through a “dissipation of assets” claim. However, only certain types of spending are considered dissipation according to Illinois law.

Funds or Property Wasted During the Breakdown of a Marriage

According to Illinois law, the assets and liabilities obtained by either spouse during the marriage are part of the marital estate. Typically, a spouse is responsible for the other spouse's spending even if he or she did not know about the spending. Dissipation of assets, however, is a unique situation involving the misuse of assets near the end of a marriage.

Per Illinois law, dissipation occurs when assets are destroyed, misused, or spent and the spending:

Continue Reading ››

 Posted on May 21, 2021 in Kane

Financial problems are consistently ranked as one of the top causes of divorce. Arguments over credit card debt, disagreements about how to spend money, and allegations of financial infidelity may all hasten the speed at which a marriage breaks down. If your spouse has a history of lying about money, you may understandably be concerned about how this deception may impact your divorce. In order for property division, child support, and spousal maintenance determinations to be fair, each spouse must disclose complete and accurate financial information. Unfortunately, this is harder said than done when a spouse lies about income or assets during divorce.

Illinois Law Guarantees Your Right to a Fair Divorce Settlement

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), each spouse has a right to an equitable portion of property contained in the marital estate. This may include businesses, vehicles, real estate, bank account funds, insurance policies, investments, retirement accounts, and other property acquired during the marriage. However, some spouses fail to report income or hide assets during divorce to avoid splitting the value of an asset or to sway property division agreements in their favor.

Continue Reading ››

 Posted on May 17, 2021 in Main

As anyone in a blended family can tell you, navigating relationships involving stepparents and stepchildren is often difficult. Many parents struggle to accept it when an ex remarries and brings a new stepparent into their child's life. This is especially true if the parent feels that the stepparent is trying to replace him or her. If you are a father currently in this situation, you may wonder whether your child's stepfather has the right to adopt your child. The answer depends on several factors.

Illinois Law Regarding Parental Rights

According to Illinois law, a child can only have two parents. A child may only be adopted if one or both of the child's parents is deceased or has their parental rights terminated. If you have already established paternity or parentage of your child, you are the child's father in the eyes of the law. This means that your child's stepfather cannot adopt your child unless your parental rights are terminated - either voluntarily or involuntarily. Illinois law seeks to preserve the parent-child relationship whenever possible. Therefore, it is only under extreme circumstances that a parent's rights are terminated against his or her will.

Continue Reading ››

 Posted on May 10, 2021 in Main

Navigating your professional relationships with fellow workers can sometimes be tricky. Many people find themselves in awkward situations with coworkers. However, there are some circumstances in which an awkward situation with a coworker becomes a legal issue. Title VII of the Civil Rights Act and other legislation prohibit discrimination and harassment on the basis of sex. In some cases, asking a coworker on a date is a violation of state or federal sexual harassment laws.

Supervisors Who Ask Out Subordinates May Be Accused of Quid Pro Quo

Quid pro quo harassment involves a superior using his or her authority to gain some type of sexual or romantic benefit. If your manager or supervisor has asked you out on a date, it could be argued that he or she is attempting to use his or her authority to coerce you into accepting. This is why most workplaces have strict policies prohibiting romantic relationships between superiors and subordinates. A supervisor does not need to explicitly offer work benefits in exchange for a date to be guilty of quid pro quo harassment. Even the implication of better pay, a more desirable work schedule, or other job-related benefits may constitute quid pro quo harassment.

Continue Reading ››

 Posted on May 05, 2021 in Kane

Illinois has reworked the way that the state deals with child related matters related to divorce. The terms child custody and visitation have been replaced by "parental responsibilities" and "parenting time." However, many people continue to use the term "child custody" informally. Divorced or unmarried parents create a "parenting plan" that describes the allocation of parenting time and parental responsibilities as well as other child-related concerns and submit it to the court for approval. However, circumstances change, and sometimes parents need to modify their parenting plan.

Changing a Child Custody Order Before Two Years Have Passed  

In any child-related legal matter, the court's priority is always the child's wellbeing. Illinois courts make all child custody decisions based on what is in the child's best interests. Because change is often hard on children, courts typically avoid changing parental responsibilities within two years of establishing or modifying the custody arrangement.

Continue Reading ››

 Posted on May 05, 2021 in Main

Although sexual harassment is prohibited by state and federal law, workplace harassment and discrimination continue to be problems in Illinois. Unfortunately, many employees who are harassed at work never report the inappropriate and unlawful behavior. If you have experienced sexual harassment, you may be unsure whether you should say anything about the harassment. Perhaps you are the type of person who tries to avoid conflict and “get along” with everyone at work. You may even assume that reporting the harassment will only cause greater problems. However, staying silent about workplace sexual harassment is never the answer.

Harassment Rarely Goes Away on Its Own

Unfortunately, sexual harassment tends to escalate if it is not appropriately addressed. If an employee gets away with making crude jokes at another employee's expense, he or she may make increasingly disparaging remarks. If a supervisor convinces an employee to go out on a date with him or her by implying that the employee will get a favorable performance review, the supervisor may escalate the behavior into inappropriate physical touch. Ignoring inappropriate or harassing behavior only shows the harasser that you are willing to tolerate being mistreated. The harasser may also be emboldened to act inappropriately toward other employees.

Continue Reading ››

 Posted on April 27, 2021 in Main

Getting divorced can significantly change your financial situation. This is especially true for disabled spouses, homemakers, and stay-at-home parents. Alimony, also known as “spousal maintenance” in Illinois law, is financial support that a spouse provides the other spouse during or after divorce. If you are getting divorced in Illinois, it is essential to know how and when spousal maintenance is awarded.

Why Spousal Maintenance is Awarded in Illinois

The purpose of spousal maintenance is to minimize the negative financial impact a divorce has on a spouse who is unable to support themselves without assistance. A divorcing spouse may also be entitled to spousal maintenance through an existing prenuptial or postnuptial agreement. Spouses may also request spousal maintenance from the court. When deciding whether to award spousal support, Illinois judges consider the spouses' financial and employment circumstances as well as factors such as:

Continue Reading ››

 Posted on April 21, 2021 in Main

The Civil Rights Act of 1964 and several other federal, state, and local laws prohibit discrimination on the basis of sex. Sexual harassment falls under this category of workplace discrimination. There are two main types of sexual harassment addressed by federal law: hostile work environment harassment and “quid pro quo” sexual harassment. Understanding exactly how and when quid pro quo occurs can be difficult—especially when sexual advances are subtle or passed off as a “joke.”

What Does “Quid Pro Quo” Mean?

The phrase quid pro quo means “something for something” in Latin. Quid pro quo harassment occurs when an employer, manager, supervisor, or another person in an authoritative position uses or attempts to use his or her authority to gain a sexual benefit. The most common example of quid pro quo sexual harassment involves a boss or authority figure offering to give an employee a promotion in exchange for sexual contact. The person of authority may also state that the employee will face a negative work consequence such as a poor performance evaluation or reduced work hours if he or she denies a sexual request. While this overt type of harassment does occur, quid pro quo harassment is often much more subtle. The perpetrator may imply or “joke” that it would be in the employee's best interest to accept his or her advances. This is still sexual harassment.

Continue Reading ››

 Posted on April 20, 2021 in Kane

Parents often worry about how a divorce will affect their children. If you are divorced or soon will be, the safety and well-being of your kids are likely your top priority. You may be especially concerned about how your relationship with your ex-spouse will affect your children. While some divorced and unmarried parents remain friends, others can hardly stand to be in the same room together. If your relationship with your ex is closer to the latter, consider the following tips for maintaining a peaceful and effective co-parenting relationship.

Get Everything in Writing

A successful and non-combative co-parenting relationship starts with a strong parenting agreement. In Illinois, divorcing parents are expected to submit a “parenting plan” that describes the parenting schedule and other key parenting concerns. The parenting plan should be as detailed as possible. The more that you have in writing, the less you will be forced to figure out in the future. Furthermore, the elements of your parenting plan are legally enforceable. This means that if your ex refuses to stick with the plan, you can get the plan enforced by the court.

Continue Reading ››