Posted on December 13, 2024 in Family Law

In Illinois, the term "custody" has been replaced with "allocation of parental responsibilities." Visitation is now "parenting time." In many different situations, when a family court is considering the allocation of parental responsibilities, and there are questions about the wellbeing of the child or the fitness of one or both parents, it may be necessary to have the court appoint a guardian ad litem.

If a judge appoints a guardian ad litem (GAL) in your case, you should take this very seriously; the guardian ad litem is often known as the "eyes and ears" of the court. The manner in which you interact with the GAL can have a significant bearing on the outcome of the allocation of parental responsibilities. If you need more information regarding a guardian ad litem in your case, speaking to a highly skilled St. Charles, IL family law attorney can be beneficial.  

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 Posted on November 26, 2024 in Sexual Harassment

When we think of sexual harassment in the workplace, we generally assume it is male workers harassing female co-workers or subordinates. The majority of workplace sexual harassment does involve males harassing females. However, according to the Washington Post, about one in five workplace sexual harassment claims filed with the EEOC are filed by men.

Because of this, sexual harassment against men in the workplace must be a concern that is taken seriously by employers. Many males are hesitant to report sexual harassment for fear of retaliation and being made fun of by others. It is important to remember that all workers deserve a workplace free of sexual discrimination and harassment.

If you are a man who has experienced sexual harassment in the workplace, you deserve a law firm that understands that no matter what gender a person is, sexual harassment can cause serious harm. Choosing an experienced Wheaton, IL sexual harassment lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC ensures your claim will receive the care and skill it deserves.  

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 Posted on November 26, 2024 in Family Law

Parents often feel the need to move for a variety of reasons. Perhaps their career takes them in a new direction, they have a new relationship, they are hoping to fulfill a lifelong goal, or they simply want to be closer to family members. Any of these reasons are enough to set off on a new adventure or a fresh start after a divorce. If there are children who will also be moving, imagine what a great adventure it could be for them to experience an entirely different culture.

Parents who have divorced and are designated as the primary residential parent do have freedom to relocate from one close town to another, possibly even without the necessity of seeking court approval or consent from a bitter ex. However, can a primary residential parent leave the United States without getting some sort of approval? Before you book airline tickets, speaking to a knowledgeable Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is a good idea.

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 Posted on November 26, 2024 in Family Law

As of 2018, one in four parents living with a child in the U.S. were unmarried. This figure was driven by an overall decline in marriage and an increase in births outside of marriage. The 2018 numbers are a dramatic change from decades ago when only 7 percent of parents living with their children were unmarried.

When a couple divorces, the allocation of parental responsibilities is a part of the divorce process. But what happens when you were never married to the father of your child, and you are now separated? Or suppose your ex has taken your child to another state and is refusing to return the child until he is ready?

Since there is no formal agreement sanctioned by a judge, do you have any recourse in such a situation? Should you contact law enforcement? If you find yourself in such a situation, speaking to a St. Charles, IL allocation of parental responsibilities lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can help.

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 Posted on November 14, 2024 in Family Law

Perhaps your child is now a teenager and is refusing to spend time with his or her other parent. This could be because the teen and the other parent do not get along well, the teen has many extracurricular activities and does not want to take the time, or a myriad of other reasons.

Regardless of the reason, what can a parent with court-ordered parenting time do when his or her teen continues to miss scheduled times? What about the primary residential parent? Is he or she responsible for making the teen spend designated parenting time with the other parent?

As any parent of a teenager knows, it can be difficult to make a teenager do something he or she does not want to do. Spending time with a resentful, sullen teenager can be just as painful as not seeing him or her at all. If you are facing this type of situation, it is time to speak to a knowledgeable Wheaton, IL parenting time lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.  

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 Posted on November 14, 2024 in Sexual Harassment

While most of us are generally more aware of sexual harassment in the workplace and have a solid understanding of what is acceptable and not acceptable, behavior at holiday parties is less clear. The holiday season is almost here, and many look forward to fun and relaxation at the company holiday office party.

While the intentions of holiday office parties are usually good, the presence of alcohol in a relaxed atmosphere can lead to sexual misconduct. The question then arises as to whether sexual misconduct at a holiday office party is considered workplace sexual harassment. If you were sexually harassed at a holiday office party, speak to a knowledgeable Wheaton, IL sexual harassment lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC.

What Are Some Types of Sexual Misconduct Often Seen at Holiday Office Parties?

While any number of things can happen at a holiday office party that rises to the level of sexual misconduct, consider the following:

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 Posted on November 14, 2024 in Divorce

Sherwood Schwartz, the creator of Gilligan's Island, happened to read an article in The Los Angeles Times in 1966 that mentioned that 30 percent of all American marriages had one or more children from a prior marriage. Schwartz's next television creation was The Brady Bunch, a show about a husband and wife with children from previous marriages.

Blending the two families made for an entertaining television show while highlighting some of the more complex aspects of a blended family, although whether Mike and Carol had a postnuptial agreement was never a topic. Today, more than 50 percent of U.S. families are blended families, with more than 50 percent of children under the age of 13 living primarily with one biological parent and that parent's new partner.

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 Posted on October 24, 2024 in Family Law

Forty of the most elite colleges across the United States are facing allegations that they overcharged students whose parents are divorced. The lawsuit was recently filed in an Illinois federal court, and while it is not currently a class action lawsuit, there is a push to make it a class action suit to account for the number of students who were allegedly harmed. The lawsuit alleges the non-profit College Board conspired with universities to artificially inflate what students were charged based on an examination of the assets of noncustodial parents (those with parenting time rather than the primary residential parent).

Dartmouth, MIT, Yale, Brown, Georgetown, and Harvard are among the universities facing allegations of collusion and price fixing in this antitrust lawsuit. According to the lawsuit, in 2006, the College Board began pushing universities to agree to consider the income and assets of noncustodial parents when making determinations of financial aid. At least 20,000 students have been negatively impacted over the past two decades by this practice. Some universities required that noncustodial parents provide financial information, thus increasing the amounts the students were required to pay.

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 Posted on October 24, 2024 in Family Law

A Cook County divorce court judge has jailed a man for two years because he refused to pay his ex-wife a court-ordered settlement of $10 million. Although the man has maintained he does not have the money, the judge remains unmoved. The man is now attempting to persuade a state appeals panel to allow him to trade his jail cell for home confinement.

During the past 27 months the Illinois man has spent in jail, there have been no evidence-based findings on whether the man's contempt charge and subsequent jailing are coercive, or primarily punitive. Civil judges, including family law judges, are not allowed to take punitive actions to persuade an individual to pay a court-ordered settlement.

Under the final divorce decree, filed in 2011, the court determined the man was worth about $7.3 million and that the couple's marital property included 320,000 shares of stock. While the court found that a portion of the shares were held separately from marital assets, it ordered 140,000 shares to be liquidated, and the proceeds given to the wife.

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 Posted on October 24, 2024 in Sexual Harassment

Hospitality workers – those who work in the food and beverage service and motel/hotel industries – face more incidences of sexual harassment than any other profession. In addition to employing a vulnerable demographic (young and often female), there are unique workplace risks and low confidence in protections from employers. Sexual harassment is pervasive in this industry, impacting not only individual victims but also entire organizations.  

A Cornell University study found that those who work in industries with high levels of sexual harassment have a more difficult time identifying inappropriate workplace behavior. In other words, it occurs so often among certain industries and certain demographics that those who experience sexual harassment have, unfortunately, grown used to it. More sexual harassment claims are filed in the restaurant industry than any other, with as many as 90 percent of women and 70 percent of men reporting they have experienced some form of sexual harassment. That 90 percent compares to 30 percent of women in other industries.

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